If we have a pre-nup, how would anyone know that we had one upon death? 2 Answers as of August 18, 2015

My husband and I signed a pre-nup that is meant to protect us in the case of divorce, but it also includes death. I asked the lawyer to exclude the death clause but she said we could write a will later on to override that. I guess she didn't feel like editing the documents...

Anyways, we are now married and creating a will that states that our spouse will receive everything if one of us passes away, but we want to make sure this does in fact override the pre-nup. However, if one of us dies, how would anyone even know that we had the pre-nup? We have no family members that know about the pre-nup and no children. Besides the lawyer, we are the only ones that know it exists. We want each other to receive everything upon death, so unless we bring up the pre-nup at that time would it cause any problems as far as getting assets upon death?

Another thing I am wondering is if one of us dies and we have a will, do we still have to go through probate? What is the best way to insure that the living spouse would get everything with no problems and without waiting long periods of time while going through probate?

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Law Office of Pamela Braynon | Pamela Y. Braynon
How about just destroying the pre-nup? You can always do that. And under Florida law, the spouse receives everything if there are not children or will.
Answer Applies to: Florida
Replied: 8/18/2015
The Krone Law Firm, LLC | Norman B. Krone
You can mention the pre-nup in the Will and advise your executor of its existence. Real property can be conveyed with rights of survivorship.
Answer Applies to: Florida
Replied: 8/17/2015
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