Not exact matches
Intestacy laws in
other states may have different rules, such as having
assets split 50/50 between a surviving spouse and
children rather
than having all
assets pass a surviving spouse.
They usually address property issues that may arise in the event of divorce or death, and are often used as vehicles to provide for greater awards of property to
children of previous marriages, or when one spouse brings substantially greater
assets than the
other spouse to the marriage.
The financial picture truly isn't complicated (no debts outside mortgage, no complicated
assets outside house / checking / savings / 401k accounts, all
assets and family are in same state,
assets are less
than state / federal estate tax limit; no prior marriages or prior
children or
other potential liabilities, etc...).
While prenuptial agreements can involve uncomfortable discussions, they can be incredibly useful, especially in those marriages in which one party has substantially more
assets than the
other or those involving
children from prior relationships.
The laws about receiving assistance from SSI and SSDI are very strict, and if your
child has access to more
than $ 2,000 in
assets, they may be ineligible from receiving these benefits and
other government benefits.
Even though it's called a Property Settlement Agreement, this agreement covers much more
than the division of property or equitable distribution of property — it's also about
child custody, parenting time, division of
assets (including personal property, real estate such as the marital home, retirement
assets and pensions, and businesses), alimony, and any
other additional issues that must be determined in furtherance of divorce or dissolution of marriage.
It also offers spouses the greatest degree of control over their own decision making (with regard to
asset division, issues surrounding the
children, what happens to the house, etc.) and it has an added benefit in that agreements reached through mediation are more likely to be adhered to
than those obtained through
other processes.