Can a prenup provide for children born prior to marriage?

A prenup can provide that your children will receive certain assets in the event of death so long as it is combined with a competently written will. Texas law provides certain benefits to a surviving spouse which can be modified with a prenup agreement. First, by preventing the creation of community property your entire estate remains separate and is subject to the terms of your will. Secondly, a surviving spouse has certain rights to occupy the residence to the exclusion of the children of the deceased spouse. This can be modified. With a prenup you can also provide that your spouse is well taken care of in the event of your death.



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