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Prenup

Posted on 1/24/24 at 5:48 pm
Posted by lepdagod
Baton Rouge
Member since Jan 2015
3386 posts
Posted on 1/24/24 at 5:48 pm
My question is can a heir be forced to get a prenup if they ever get married... meaning in the sense of it being a stipulation of a will or a trust... or for example a interest in a business will go to a child when the parent or benefactor passes... can a stipulation be that person has to have a prenup to inherit or lose their interest if they marry without a prenup... can this be done to protect other minority owners in a business
Posted by BabyTac
Austin, TX
Member since Jun 2008
12104 posts
Posted on 1/24/24 at 5:50 pm to
Prob get more valid responses from the Money Board.

Posted by Chief Hinge
There and Here
Member since Sep 2018
2902 posts
Posted on 1/24/24 at 5:52 pm to
It can be done.

Hear me out. And listen.

Call a professional. Delete this.
Posted by Sput
Member since Mar 2020
7916 posts
Posted on 1/24/24 at 5:52 pm to
Mother made TulaneLSU get one
Posted by LegendInMyMind
Member since Apr 2019
53872 posts
Posted on 1/24/24 at 5:52 pm to
You ain't no punk, I see.
Posted by NOLATiger163
Insane State of NOLA
Member since Aug 2018
453 posts
Posted on 1/24/24 at 9:50 pm to
(1) The answer may very well change depending on what state you're in.

(2) You really ought to ask an estate planning lawyer in that state.

(3) Often, what may seem to you like small details may really change the result.

(4) In Louisiana, last I checked, we still have just a little bit of forced heirship (i.e., under limited conditions), and I suspect that such conditions could not be placed on the forced portion, where there is one.

(5) Otherwise, I suspect that such a condition in a will or trust could be valid unless a court decided it was against public policy. And although there is nothing so idiotic that some judge somewhere hasn't ruled that way, I tend to suspect that insofar as prenups can be valid under the jurisdiction's law, and insofar as keeping a family business in the family or similar is not against public policy, I tend to think the courts are likely to uphold / enforce such a provision or requirement.

But that's a whole lot of suspicions and generalities on my part--if this affects you, then get qualified legal advice instead of asking the great unwashed, strike that, collective braintrust of the TigerDroppings O-T Lounge.
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