Trust Lawyer Barrington, IL

Trust Lawyer Barrington, IL

Could a prenuptial agreement affect a trust?

As a trust lawyer in Barrington, IL, we at Bott & Associates, Ltd, handle a broad range of estate related issues that are related to trusts, litigation, probate, and more. If you are in a situation that warrants the need for legal advice and assistance, call a trust lawyer now. 

The estate distribution or probate process can be challenged in a broad number of ways; when this happens, the potential for litigation may increase. There are different estate planning tools available to relieve the possibility of certain challenges, make the probate process easier, or eliminate it altogether. For example, a trust is a popular tool that can prevent heirs from having to go through the probate process. A prenuptial agreement is another tool that can be used to make the estate planning process go more smoothly. 

Understanding Prenuptial Agreements

A prenuptial agreement is a legal document that details how a married couple’s assets will be handled. The agreement is drafted prior to the marriage and is legally binding. It protects one or both parties from losing assets in the event a divorce happens. The document typically will include who owns what and who will receive what in the event of a divorce. Some of these agreements will also include details regarding how an estate plan will be drafted. In general, an estate planning lawyer in Barrington, IL will be able to draft a prenuptial agreement. 

A Prenuptial Agreement Might Take Priority Over an Estate Plan

Depending on various factors, as a  trust lawyer in Barrington, IL might explain to you, it is possible for a prenuptial agreement to take priority over a last living will and testament, a trust, or other estate planning tool. If this should be true, the prenup should include very specific provisions. In some cases, these provisions could contradict what a trust or will says. If this should happen, you may need to ask a trust lawyer to litigate the case. 

In a litigation situation, a trust lawyer may need to ask the probate court whether or not the prenuptial agreement is valid, and if so, should it be upheld. Any heirs named in the trust have the right to prove or disprove what is contradictory in the documents. For example, if an heir believes the prenup was drafted during a time in which the deceased was under duress, it may be invalid. If the probate court believes the prenup was drafted fairly and agreed to by both parties, it may be enforced. In this case, it would likely supercede the trust, will, or other estate planning documents. 

Talk with a Barrington, IL Trust Lawyer to Explore Your Legal Options

There are many reasons for a trust litigation matter to arise. Many disputes will never reach the courtroom; however, some will. In general, if a trust or estate related dispute has arisen, and a prenuptial agreement is involved, you should call a trust lawyer for further advice and assistance. At Bott & Associates, Ltd, we would be happy to listen to what is going on and explain what options may be available. The sooner you become proactive and call a trust lawyer Barrington, IL families can rely on, the better the outcome of your case might be.