My sister has been living in Florida. She recently is married to her boyfriend of more than 10 years after his near-death surgery.

My sister owns several real estate properties and well set financially. Her husband does not have anything. They had a prenuptial agreement that her husband cannot get anything if she dies. She made a will to leave all her estates to her children and appointed me as trustee. Will Florida laws allows him to claim for:
- 401K
- Pension
- any of her estates

Quote:

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Originally Posted by phuongy

My sister owns several real estate properties and well set financially. Her husband does not have anything. They had a prenuptial agreement that her husband cannot get anything if she dies.

Will Florida laws allows him to claim for, 401K, Pension, or any of her estates

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Hello again p:

Might as well take care of all your legal things at the same time, huh? Seriously, I wish I found a website like this when I was having legal troubles...

Now, to your problem. Florida law doesn't prevent ANYONE from suing anyone, and for any reason... Having said that, your brother in law DOES have a case. It isn't "reasonable", in my view, for your brother in law to be thrown out onto the street with NOTHING, if your sister dies. I believe that any prenuptial agreement that says that, will NOT be enforced.

excon

Normally the prenups deal with what happens at divorce, not what happens at death, you can not write one up without a good estate attorney, since by law at death he may have certain rights to part of her estate.

Florida Law is unfamiliar to me but the only way one spouse can disinherit another (which is what is being attempted here) is IF there is a "prenup." Your sister needs an Attorney who is very familiar with this specific situation.

"In the interest of protecting the family, particularly the surviving spouse, Florida law places some restrictions on what a testator can do under the terms of his or her will. For example, a testator cannot disinherit his or her spouse without a properly executed prenuptial or postnuptial agreement. The state gives the surviving spouse a choice of either his or her share under the terms of the will or 30 percent of the decedent's estate, less any valid claims against the estate, real property located outside of Florida, state and federal taxes and administration expenses. The surviving spouse, therefore, is always entitled to at least 30 percent of the decedent's net estatethis is known as an elective share. The testator is free, however, to disinherit his or her children.
There are also restrictions on what a person can do with his or her homestead (i.e., residence, as defined by state law, owned by a decedent who is survived by a spouse or minor child). In most cases, the surviving spouse or minor child retains some form of ownership of the homestead, thereby ensuring that they at least have a place to live. The surviving spouse and any dependent children are also entitled to what is known as a family allowance. Florida law authorizes a family allowance of up to $6,000 for a surviving spouse or dependent children, which is paid in addition to the amount passing to the spouse or children by will, intestacy or elective share."

Florida Trusts & Estate Planning Law