What holds greater authority: a premartial agreement or a Will?

UPDATED: Mar 10, 2012

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What holds greater authority: a premartial agreement or a Will?

My father passed away. In his premartial agreement with my stepmother, it was explained that each would carry a certain amount of life insurance and in the event of death would use the proceeds to buy out that person’s half of the house. In the will however, my father had a special bequest that he is giving a life estate to his wife in respect to the home. Is she obligated to use the life insurance funds to buyout my fathers’ heirs? How does a life estate work in this situation since theoretically if she stays in the house until death half would still be hers?

Asked on March 10, 2012 under Estate Planning, Colorado


Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 10 years ago | Contributor

The only way to determine the correct answer is a review of both documents and to check the operative rules under the state in question. No forum can provide you with a definitive answer here; you need to present this problem to an estates attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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