Pre and Post Nuptial Agreements
A prenuptial agreement discloses the assets owned by each party to the marriage and sets forth how the parties wish for their assets to be divided in the event of divorce or death. A postnuptial agreement is similar except that it is entered into after a marriage. While these agreements are often an uncomfortable topic, we have years of experience making sure that the process comes off comfortably and successfully.
Whatever the reason, absent a pre or postnuptial agreement, a spouse is entitled to a certain percent of their deceased spouse’s estate under Kentucky law. This is a statutory right and can only be waived in a properly drafted prenuptial or postnuptial agreement. In Kentucky, we advise clients it is important for each party to be separately represented by an independent attorney; fully disclose all their assets and their values; and not feel pressured or enter into this agreement immediately before the marriage. With Kinkead & Stilz, you will be able to safely navigate this process.