Prenup trials are not always during life. That’s right, many times heirs and the personal representative of a Florida probate will have a prenup trial about the validity or terms of a prenuptial agreement. A December 18, 2020 opinion on prenup trials from Florida’s 5th DCA dealing with summary judgment reminds Florida probate lawyers about interpreting a prenup. Interpreting Florida Prenups How Do You Interpret Florida Prenups? The case of Baldwin v. Harris reminds probate lawyers in Florida how to interpret prenuptial agreements. Is a Florida prenup valid? Well, a prenuptial agreement in Florida is interpreted like a contract — because it is a contract. If a contract or prenuptial agreement is clear and unambiguous, it must be read without any testimony or other evidence — often referred to by Florida probate litigators as “parole” or “extrinsic” evidence. In that case, the Florida probate judge simply reads the prenup and tells you what it says. Getting What You Are Owed. Prenups can create obligations which can only be satisfied in a Florida probate. How? Well, some prenups provide for a distribution or inheritance to the other spouse upon death. Remember: Florida prenups may be effective upon divorce or death. If you are owed something when your spouse passed away, you may have to go to probate if the Personal Representative of the Estate, or the Trustee of the decedent’s Revocable Trust, won’t pay. Do you know how to navigate those legal waters to try to avoid a prenup trial in […]