prenup waived rights for residence even upon death

If you have these qualms now before the marriage, it should be a blatant signal not to marry the jerk then.

Something tells me that you're not living in the United States, am I right?

First, it's perfectly all right to sign a prenuptial agreement so current assets
can be protected in case of a divorce. However, all assets that are accumulated during your marriage should be jointly owned. So if your husband's residence was his prior to marriage, it is his. If you bought the property together after marriage it should be owned jointly.

If she hasn't already married Jerk, you are exactly right. If she has, a lawyer might be in order. I'm not convinced that most states would permit a prenup to extend past death.

Don't worry about the house - what OTHER things can he give you outside of the will?

He needs to make some kind of provisions for you after his death, even if it's just some pieces of jewelry or gold/silver or cash. Tell him you need him to provide you with SOME kind security, in case of an of emergency.

You are going to be twisting in the wind if he should die.

Off to the jewelry store with you and him real soon.

Nah, jewelry is a terrible investment, only worth the melt down value. Get stocks, bonds, shares or other property.

thanku for the replies, I do not have family support to ask. I am in the United States and I did marry him anyway crying about this home issue, he promised 3 yrs ago he would atleast make sure my living residence would be ok if something happens to him...after married he said he was not going to do it. I left, he said he would fix it and yet again has not, and wont discuss it. The house was his before me, that is why I do not want it in event of divorce, I realize I have no equity, he will not move...just want it if happy marriage and to remain here if he passed. He has no children, this place is nothing special or family place...I see it... as him leaving it to his family....somedays I want to tell him to have his mommy clean it! she is his next of kin, it hers!

Does he leave you anything in the will? What if his mother dies before him? Who is in line after the mother?

I agree jewelry is a bad investment, but you might want to take out a juicy life insurance policy on him and pay the premiums yourself- and not tell him.

They sure do, I have no claims on my wife property and she have no claim on mine her daughters will get all her property if she should died before me.

That is common part of a prenup and a common reason for a prenup.

thats all i asked was to do up a will so that I can continue to live in this house. For some weird reason he wont do it...that is what hurts...dont know if it should??? He has no children

You wish for life rights and off hand that does not seem too unreasonable however you are not in a good bargaining position over this matter.

I assume that you had your own lawyer when the prenup was being created as that is normally a requirement in most states for it to be valid.

And, what if he does include you in his will? Wills can be changed, and beneficiaries needn't be notified.

You might also contemplate a post-marital agreement.

And if hubby won't contemplate a post-marital agreement, you might contemplate why you are still married to this ass-hat.

What would be the consideration for such an agreement?

Yeah, jewelry isn't the BEST investment, but it's something you can put on and walk out the door.

Are you sure he owns that house?

You could always contest the will, afterwards.

"To increase marital harmony and to resolve marital financial issues ..."

However, specifically, I was envisioning an amendment to the pre-marital agreement. In Arizona, a pre-marital agreement can be amended or revoked during marriage without consideration, pursuant to statute.

Post-marital agreements are also valid in Arizona, per case law.

Interesting. Not sure if the same sort of agreement would pass muster in Illinois.