How do I protect my inheritance in my postnup?
Also, I’d like an estimate of the cost. My wife lives in another state and has for almost two years. We've been married 18 years. I had a previous postnup, but it expired after 10 years. We were married in Brazil.
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In Brazil, postnuptial agreements are generally enforceable if they meet certain requirements—voluntary agreement by both parties, proper notarization, and clarity of terms. However, enforceability also depends on jurisdiction. Since your wife is now a U.S. citizen and you both have been living in the U.S., U.S. state laws will likely govern any divorce.
Regarding your inheritance: in most states (and in Brazil), inherited property is considered separate property unless it has been comingled. You’ve indicated it has not.
Now, regarding your arrangements (e.g., giving her 65% of the house and a $65K lump sum), the enforceability will depend on whether the agreement is clear, fair, and executed without coercion. It’s good that the agreement is notarized. However, be sure it does not violate any laws concerning spousal equity or asset division.
The cost to review a postnuptial agreement typically ranges between $200 to $500 per hour depending on the attorney and the complexity of the agreement. Some attorneys may offer a flat fee to review and advise on such agreements. I’d recommend confirming fees in advance when your referred attorney responds.
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Hi – What would be the cost to review my postnup?
Angelo M
Greetings! I hope this message finds you well. Thank you for choosing AskaLawyer as your legal assistance provider. My name is Angelo, and I'm an experienced and licensed attorney with over 40+ years of practice in the field of law. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need.
I have an additional document—a postnuptial agreement—signed on 04/23/24, where my wife agreed not to make any claims to my inheritance, which has not been comingled. But I agreed to give her 65% of the house we’ve shared for about 12 years. It is signed and notarized.
I’ve also initiated a formal postnup that agrees to this, and it says I will provide her with a $65K lump sum payment because we still owe about $76K on a home worth approximately $180K. I have documents listing me as executor of my parents’ estate, and the funds have never been comingled. I want to be fair with our personal property (I paid for about 90% of it during the marriage). I just want to protect the inheritance.
Angelo M
Thank you for sharing that. Just to clarify: have you already consulted with a lawyer regarding this matter?
I haven’t yet, but I did leave a message for one today based on a referral. I hope they’ll get back to me tomorrow.
Also, I’d like an estimate of the cost. My wife lives in another state and has for almost two years. We've been married 18 years. I had a previous postnup, but it expired after 10 years. We were married in Brazil, and she is now a U.S. citizen.
Angelo M
In Brazil, postnuptial agreements are generally enforceable if they meet certain requirements—voluntary agreement by both parties, proper notarization, and clarity of terms. However, enforceability also depends on jurisdiction. Since your wife is now a U.S. citizen and you both have been living in the U.S., U.S. state laws will likely govern any divorce.
Regarding your inheritance: in most states (and in Brazil), inherited property is considered separate property unless it has been comingled. You’ve indicated it has not.
Now, regarding your arrangements (e.g., giving her 65% of the house and a $65K lump sum), the enforceability will depend on whether the agreement is clear, fair, and executed without coercion. It’s good that the agreement is notarized. However, be sure it does not violate any laws concerning spousal equity or asset division.
The cost to review a postnuptial agreement typically ranges between $200 to $500 per hour depending on the attorney and the complexity of the agreement. Some attorneys may offer a flat fee to review and advise on such agreements. I’d recommend confirming fees in advance when your referred attorney responds.
Thanks—I’ll move forward with a solicitor this week. I don’t anticipate any blowback from my soon-to-be ex — but you never know.
Angelo M
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