More and more people are executing pre-nuptial agreements before marriage, along with post-nuptial court-approved agreements after. In Louisiana, these agreements are called “Separate Matrimonial Regime Agreements,” and they’re particularly important because they insure that property acquired or debts incurred during the marriage remain the separate property of that person.
However, the execution of a pre- or post-nuptial agreement can create unintended consequences for estate succession purposes, since all property of the person is deemed to be his or her separate property.
If someone that executed a pre- or post-nuptial agreement dies without executing a will, their property will go to their children or family (siblings, parents, etc.), not to the other spouse.
For that reason, it’s necessary for spouses that have executed nuptial agreements to consult with an experienced estate planning attorney in order to adequately plan and provide for the other spouse by written will if they so desire.