Docstoc

Estate- - PRE NUPTIAL AGREEMENT

Document Sample
Estate- - PRE NUPTIAL AGREEMENT Powered By Docstoc
					                       [Optional Paragraphs (insert after paragraph 8)]
                           [Paragraph __: Estate Planning Matters]


                   [Optional Clause for Waiver of Surviving Spouse Rights]
                                     [Choose one clause:]
                                         [Alternative 1]
[ ] __. Mutual Waiver of Rights in Each Other's Estate—Complete Waiver
Each of us waives and forever gives up any and all right or claim that he or she may
acquire in the separate property of the other person due to our marriage, including but not
limited to:
   1. Rights or claims of dower, curtesy, or any substitute for those rights or claims
          provided by any applicable state statute at the time of the other person's death;
   2. The right of election to take against the will of the other;
   3. The right to a share in the separate property estate of the other person if he or she
          dies without a will;
   4. The right to act as administrator of the estate of the other;
   5. The right to a probate homestead or homestead allowance;
   6. The right to a family allowance and to a personal property allowance.
Nothing in this agreement shall be deemed to constitute a waiver by either of us of any
gift that the other person might choose to make to him or her by will or other estate
planning document, or to act as executor designated in the will of the other. However, we
acknowledge that no promises of any kind have been made by either of us to the other
person regarding any such gift or designation, except for any specific provisions included
in this agreement.
                                      [End Alternative 1]


                                         [Alternative 2]
[ ] __. Mutual Waiver of Rights in Each Other's Estate—Partial Waiver
Each of us waives and forever gives up the following rights or claims that he or she may
acquire in the separate property of the other person due to our marriage [choose all that
apply]:
   [ ] 1.       Rights or claims of dower, curtesy, or any substitute for those rights or
       claims provided by any applicable state statute at the time of the other person's
       death;
   [ ] 2.       The right of election to take against the will of the other;
   [ ] 3.       The right to a share in the separate property estate of the other person if he
       or she dies without a will;
   [ ] 4.       The right to act as administrator of the estate of the other;
   [ ] 5.       The right to a probate homestead or homestead allowance;
   [ ] 6.       The right to a family allowance and to a personal property allowance.
   [ ] Nothing in this agreement shall be deemed to constitute a waiver by either of us of
       any gift that the other person might choose to make to him or her by will or other
       estate planning document, or to act as executor designated in the will of the other.
       However, we acknowledge that no promises of any kind have been made by either
       of us to the other person regarding any such gift or designation, except for any
       specific provisions included in this agreement.]
                                      [End Alternative 2]
                                   [End alternate clauses]
                                     [End optional clause]


                      [Optional Additional Estate Planning Clauses]
                                  [Choose all that apply:]
[ ] __. Provision for ___[Name]___ Upon ___[Name]___'s Death
Upon ___[name]___'s death, if no proceeding for divorce, dissolution, legal separation,
or annulment is pending at the date of death, ___[name]___ shall be entitled to receive
the following distribution(s) from ___[name]___'s estate [choose all that apply]:
   [ ] A lump sum payment of $__[insert amount]__.
   [ ] An amount equal to __[percentage]__% of ___[name]___'s gross estate. The
   term "gross estate" as used here does not include life insurance proceeds, retirement
   benefits, or other death benefits payable on the death of ___[name]___.
   [ ] An amount based on the following formula: ___[insert formula]___.
   [ ] The following described property: ___[insert property description]___.
[ ] In addition, ___[name]___ shall be entitled to ___[insert any other agreed provision,
such as a life estate, payments for a certain period of time, or a right to use or occupy
certain property]___].
[ ] At all times during our marriage, ___[name of person whose estate is responsible]___
shall maintain in effect a valid will, trust, or other estate planning document that includes
the foregoing provisions.]


[ ] __. Estate Plans to Be Consistent With This Agreement
We acknowledge the importance of making valid estate plans that are consistent with this
agreement. Therefore, as soon as possible after our marriage, each of us will establish and
maintain in effect a valid will, trust, or other estate planning document or combination of
documents that will be consistent with, and will carry out the terms of, this agreement.
We further agree to review our estate plans periodically to ensure that our estate planning
documents remain consistent with this agreement and to modify our estate planning
documents if necessary to keep them consistent with this agreement.
                             [End optional additional clauses]

				
DOCUMENT INFO
Description: [Optional Paragraphs (insert after paragraph 8)] [Paragraph __: Estate Planning Matters] [Optional Clause for Waiver of Surviving Spouse Rights] [Choose one clause:] [Alternative 1] - PRE NUPTIAL AGREEMENT
Work  Session Work Session Owner http://snurl.com/worksession
About Are you not finding the perfect form to suit your professional and personal needs? GET HELP - CHECK US OUT