Navigating Estate Planning Together: Intestate Shares and Dower/Curtesy Rights

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Prenuptial agreements often spark conversations about trust, commitment, and financial planning. However, they also serve as crucial tools for estate planning, helping couples navigate the future with clarity and peace. This blog deals with two often misunderstood aspects of prenups: the waiver of rights to intestate shares and dower/curtesy.

Understanding Intestate Shares: In the absence of a will, the law steps in to determine who inherits your assets. For married individuals, this typically means the surviving spouse receives a significant portion. Yet, through a prenuptial agreement, spouses may waive this right. Why? It's not always about distrust; many do so to align with comprehensive estate plans already in place, ensuring that assets are distributed according to a well-thought-out plan rather than default state laws.

Dower and Curtesy - A Glimpse into the Past: Though sounding like terms from a bygone era, dower (for wives) and curtesy (for husbands) rights still exist in some forms. Essentially, they refer to a spouse's right to property upon the other's death. In California, these rights are mostly obsolete but can apply in specific scenarios involving real estate outside of community property. Choosing to waive these rights often indicates trust in existing estate plans or a desire for flexibility in how property is distributed.

Why Waive These Rights? Waiving the right to an intestate share or dower/curtesy rights might make sense if you:

  • Trust your spouse's existing estate plan.

  • Prefer to have your estate matters handled through a more personalized plan rather than state laws.

  • Believe in the financial independence of each spouse.

Considerations Before Waiving: However, don't rush. Understand the full implications. You might not want to waive these rights if:

  • You want assurance of support through inheritance, especially if there are no specific provisions in place.

  • You're concerned about changes in circumstances or relationships that could impact your financial security.