Safeguarding Inheritance Rights With a Michigan Prenuptial Agreement

Marriage joins two lives, but it also merges two financial histories. For many couples in Okemos and across Ingham County, this union brings questions about family wealth. You may worry about preserving assets for children from a prior relationship, or you may anticipate receiving a significant inheritance yourself.

A prenuptial agreement offers a practical solution. It allows you to define financial rights before you say “I do.” Under Michigan law, you can use this contract to clarify precisely what happens to your property upon death or divorce. Our prenuptial planning lawyers have extensive experience with drafting prenuptial agreements and are dedicated to protecting your legacy and providing peace of mind for everyone involved.

Protecting Assets You Have Not Received Yet

Many people believe prenups only cover money currently in the bank. Many people believe prenups only cover money currently in the bank. A well-crafted agreement can also plan for what may happen down the road, including any inheritances you might receive during the marriage. Under Michigan law, inherited assets are usually considered separate property.

Even so, that protection can be lost if the funds are mixed with marital money—for example, by depositing an inheritance into a joint account. In that situation, a court could treat the inheritance as marital property and divide it in a divorce.

A prenuptial agreement adds a layer of safety. You can explicitly state that any future inheritance remains the sole property of the beneficiary. This clause applies regardless of whether you keep the funds separate or use them for joint expenses. It provides the court with clear instructions that these assets were never intended to be shared.

Ensuring Your Estate Goes to Your Chosen Heirs

The most common reason our clients seek prenuptial agreements involves estate planning. Without a prenup, a surviving spouse has significant rights under Michigan law.

The Estates and Protected Individuals Code (EPIC) gives a surviving spouse the right to an “elective share” of the estate. Even if your will leaves everything to your children, your spouse can still claim a portion of your assets. Your spouse may also be entitled to a homestead allowance and exempt property.

State law allows a spouse to waive these rights. You can draft a prenuptial agreement in which both parties agree to waive their claims to each other’s estates, which is vital for individuals with children from previous relationships. It ensures your assets pass directly to your children or other beneficiaries without legal hurdles.

Requirements for a Valid Agreement

Michigan courts enforce prenuptial agreements, but they must meet specific standards. MCL 557.28 affirms that contracts made in contemplation of marriage remain in force after the wedding. To stand up in court, your agreement must be:

• In Writing: Oral promises regarding property are generally unenforceable
• Voluntary: Both parties must sign without fraud, duress, or coercion
• Transparent: You must provide full disclosure of all assets and debts. Hiding a future inheritance or a bank account can void the contract
• Fair: The agreement cannot be unconscionable when signed

Courts in Ingham County will look closely at these factors. If one party did not have a fair opportunity to review the document or consult a lawyer, a judge may toss it out.

The Limits of a Prenup: Invasion of Separate Property

While a prenuptial agreement is powerful, it is not absolute. Michigan judges retain the power to “invade” separate property in specific situations, even with a prenup in place.

Under Michigan law, if enforcing the agreement would leave one spouse in severe financial need while the other has ample assets, the court may intervene. This legal statute ensures neither party relies on public assistance. Additionally, a judge may award a portion of separate property to a spouse who contributed to its acquisition, improvement, or accumulation. A well-drafted agreement remains your best defense against unexpected property division, but these statutory exceptions must be considered during drafting.

Maintaining the Integrity of Your Separate Property

Signing the agreement is only the first step. To ensure your future inheritance remains protected, you must treat it as separate property throughout the marriage. Michigan courts examine how you handle these assets, not just what the document says.

If you deposit an inheritance check into a joint checking account, even for a brief period, it may be considered “commingled” and could lose its protected status. Similarly, using separate funds to pay down a mortgage on a joint marital home can complicate asset division. We

We advise our clients on the practical “dos and don’ts” of financial management. Simple steps, like maintaining individual accounts for inherited funds and keeping clear records of transactions, strengthen the enforceability of your agreement. Our legal staff can help you establish these habits early to ensure your legal protection remains secure.

Why Okemos Families Choose Protection

Okemos is a community of diverse families. We see young professionals protecting their first homes and established business owners securing their life’s work. Blended families are also common here.

In these situations, a standard divorce or probate process may not reflect your wishes. A prenuptial agreement lets you write your own rules. It saves your family from the stress and expense of litigation in the Ingham County Circuit Court. Instead of a judge deciding your financial future, you decide it together.

Compassionate Legal Guidance

Discussions about money and death are never easy. Our attorneys approach these conversations with the sensitivity they deserve. Our team focuses on creating agreements that strengthen trust rather than creating doubt.

Our legal professionals sit down with you to understand your specific goals. Whether you want to protect a family cottage or ensure your children are financially secure, our legal team will craft a strategy that suits your needs. We believe in providing high-quality service without the high-pressure tactics found elsewhere.

Secure your financial future today. Contact Bailey & Terranova, P.C. at 517-236-7187 or visit our office on Association Drive in Okemos. Let us help you build a foundation of security for your marriage.