Does a trust trump an existing pre-nuptial agreement? 4 Answers as of January 27, 2015

My mom sadly passed away recently. Before she got remarried a few years ago, she signed a pre-nup with the assistance of lawyers where they each waived inheritance from each other, among many things. A couple years ago, she created a trust. At first the lawyer who read us the trust etc. said the pre-nup was stronger. Now they all of a sudden told us different, and we lost our window of 30 days, so now he is getting rid of mom's stuff, that he had waived his inheritance rights in the prenup. Is the prenuptial agreement trumped by the trust? Thank you very much.

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James Law Group
James Law Group | Christine James
First, you really need to speak directly to another attorney and deal with this specifically - a question and answer forum is ill-equipped to deal with this type of situation, especially not having seen the documents. That said, if the trust is dated AFTER the pre-nup, your mother made a new contract with her husband and if the trust leaves him certain things, he will likely be entitled to them under that trust. That does not mean you don't have rights so have a competent attorney look at the documents and advise you.
Answer Applies to: California
Replied: 1/27/2015
Danville Law Group | Scott Jordan
Whichever document came last is the prevailing document.
Answer Applies to: California
Replied: 1/27/2015
Stephen Mancini
Stephen Mancini | Stephen Mancini
It is not a question of which document "trumps." Usually a pre-marital agreement does not restrict a later will or trust from providing for the surviving spouse. The language and intent of both documents need to be read in context. Not sure what the 30 day window is referring to.
Answer Applies to: California
Replied: 1/27/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Suggest you contact a trust litigation lawyer who can review and research the documents you refer to render an opinion to your question. Be prepared to pay a significant hourly rate.
Answer Applies to: California
Replied: 1/27/2015
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