A recent decision underscores the importance of marrying prenuptial agreements and estate planning. 

In Miller Estate, a Carbon County Pennsylvania case, the husband in a prenuptial agreement committed to making a provision in either his will or through jointly owned property to provide his wife with the sum of $20,000 upon his death. 

The Court clarified that a surviving spouse who is a party to a prenuptial agreement is a creditor as to her rights under the prenup.  Therefore, the surviving wife, like any other creditor who claims nonpayment, had to prove that her husband did not provide the funds for the jointly owned assets that she in fact received. 

If you are considering remarriage, sign up for a prenup and confer with counsel to ensure that your prenuptial agreement and your estate plan make a good match.

Mary Jo Corsetti focuses her practice in Pennsylvania Orphans Court matters, including disputes concerning prenuptial agreements and the administration of estates.

The attorneys of the Pittsburgh-based law firm Williams Coulson routinely handle estate administration matters in Southwestern Pennsylvania, including Allegheny, Butler, Washington, Westmoreland, and other surrounding counties.