If a Prenuptial Agreement Exists, What Could This Mean for Hugh Hefner’s Surviving Spouse?

Did Hugh Hefner have a prenuptial agreement prepared by his estate planning attorney before he married his most recent spouse? Should my fiancé and I consider a prenuptial agreement? What does a prenup have to do with probate litigation? Can a prenup insure that my children inherit from my estate? Can a prenup waive spousal inheritance rights? Will a prenup help the probate process to go smoothly for my heirs?

In Florida, marriage drastically affects estate planning.Once you get married, certain assets become marital property. When you die without a prenup, your heirs may not get the inheritance you intended. Probate attorneys West Palm Beach understand that it can be difficult to ask your loved one for a prenup before getting married.Getting married is supposed to be a time filled with happiness, and a prenup is not usually associated with happiness.However, it is important to understand that a prenup can be used for more than divorce.It can have a huge part in protecting your assets and property. A prenup can help to ensure that estate administration, after the death of one of the spouses, goes efficiently for the heirs. What if a spouse randomly dies? Who inherits all of his or her assets? Under Florida probate law, a surviving spouse gets a minimum of 30% of the value of the estate.The spousal share applies to assets that are acquired during, and even before, the marriage. In addition, inherited assets may be included. Also, surviving spouses have a right to homestead, which gives them at least a life estate in the property of their deceased spouse. However, a prenup can limit the rights of survivorship of the spouses. In fact, according to Florida Statute §732.702, a prenup can actually waive probate spousal rights. Moral of the story? Get a prenup! It can save you and your heirs a lot of trouble.

Although Hefner passed away in California, not Florida, his probate lawyers will definitely want to know if there’s a prenuptial agreement. The laws for surviving spouses in California are probably similar to those in Florida. To read more about Florida surviving spouses and prenups, check out Florida Statute §732.702 by clicking here