Unanticipated Estate Tax Consequences of Pre-Nups

Unanticipated Estate Tax Consequences of Pre-Nups

Avoiding inclusion of an obligation to provide life insurance

Pre-nuptial agreements1 often use life insurance as a means of providing a surviving or former spouse2 with a continuing source of support after the insured spouse’s death and as an alternative to giving the surviving spouse a share (statutory or otherwise) of the insured’s property.3 Depending on how the life insurance obligation in the pre-nuptial agreement is structured, payment of the policy proceeds at the insured’s dea

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