Prenuptial agreements (prenups) serve a dual purpose: they dictate the financial terms of a divorce, and they significantly influence a surviving spouse’s inheritance rights. Without a prenup, Massachusetts law grants a surviving spouse statutory protections and a share of the deceased spouse’s estate, regardless of the provisions in a will. However, a properly executed and enforceable prenup can modify, limit, or entirely waive these default inheritance rights, ensuring the couple’s estate planning wishes are met. Please continue reading as we explore how prenuptial agreements affect inheritance rights in Massachusetts and the importance of connecting with an experienced Bristol County Family Lawyer for guidance.
What is a Prenuptial Agreement?
In Massachusetts, parties can enter into a written contract before tying the knot that outlines what will happen to their property both during the marriage and after its end, whether by divorce or death. These agreements commonly define which assets each spouse will keep as separate property, how marital property will be divided, and what provision, if any, will be made for a surviving spouse upon the death of the other.
Massachusetts courts have a long history of enforcing prenups that specifically address rights upon death, often referred to as “death prenuptials.” State courts will uphold these agreements provided they satisfy the state’s requirements for procedural and substantive fairness.
What Inheritance Rights Does a Spouse Have Without a Prenup?
A prenup is essential before marriage because, without one, a surviving spouse’s inheritance is determined by statute, overriding the deceased spouse’s intentions. When an individual dies without a valid will, Massachusetts’ intestacy law governs the distribution of the estate. The surviving spouse is usually entitled to a large share. Even if the deceased spouse’s valid will attempts to disinherit the survivor, the surviving spouse can “take against the will.” This enables them to claim a legally mandated minimum percentage of the estate instead of the amount specified in the will.
While a prenup does not automatically eliminate these protections, it is a powerful tool that can be leveraged as it contains valid waivers that legally surrender these statutory inheritance rights, thereby significantly limiting the surviving spouse’s inheritance prospects.
How Do Prenups Change Inheritance Rights?
A prenup in Massachusetts primarily impacts inheritance by allowing a spouse to waive the spousal elective share, meaning they agree not to claim the statutory portion for the estate. This ensures that the estate is distributed per the will or trust. Prenups can also redefine what constitutes each spouse’s property at death, designating assets like real estate or businesses as separate property to pass to chosen beneficiaries rather than being treated as marital property. The agreement can specify what the surviving spouse receives instead.
Given the complexities of elective share laws, it is in your best interest to contact an attorney at the Law Offices of Cynthia L. Hanley, P.C. Connect with our firm today for more information.
