Reply to Kelly Bensimon calls of wedding - he wouldn’t sign a prenup

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I think it is troubling that this was asked about four days before wedding. This is strange. I personally would not sign a prenup for a first marriage and I didn’t and we have been married twenty years. Second marriage and you have children things are different. Looks like both of them have a past and this should have been discussed well before marriage. neither of them look good because they should have worked this out long ago. To me this isn’t about even that you are worried your partner will divorce you as it is about if you die and want to make sure your kids have your assets from before you were married and spelled out what happens to assets after you are married.[/quote]

A pre-nup is the pre-agreed division of assets upon a divorce, not a will. A pre-nup does not determine how your assets are distributed upon your death - that is a will. The ignorance on this thread regarding pre-nups astounding yet people are so quick to have strong opinions on the topic. [/quote]

Ironic- bc you’re wrong, too. Prenups can absolutely decide how assets go upon a death. Yes, you still should have a will but it is impt to know that some assets require a separate waiver to be filled out to fully waive the right to the asset. Example:

Husband has a 401k and a pension that follow the rules of ERISA. He and wife signed a prenup saying wife waives his retirement. Under ERISA, he had to also get a waiver from her, so if he failed to do so, then she gets the money even if she was not named as a beneficiary of those acccounts.

Otherwise, the prenup can definitely waive assets in a divorce AND death and almost always does.
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