Estate Planning Dilemma

The following was posted on the Dear Prudence: Advice on manners and morals page of the online Slate magazine. See I’m Not Saying She’s a Gravedigger … slate.com, Feb. 28, 2008.

I recently proposed marriage to my significant other of two years. She accepted my proposal[.] Earlier in our relationship, I told her that if we got married I would want a prenuptial agreement, and she agreed. However, now that the time has come for us to sign, she is refusing. I have offered to write a will that protects her in the event of my death. But she says that if I die first, she would have limited rights to contest my will and is worried my family would attempt to claim my investments. She also stated that in the event of both of our deaths, her two adult children from a previous marriage would not have rights to my investments.***

Here is what was posted in response:

Since you are well-off, a potential spouse has a right to expect that you would provide for her in your estate planning, as you have said you will.*** Since she’s been showing such an ugly side of herself during these discussions, her threat must seem more and more like a reprieve.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this posting to my attention.