Attorney who wrote prenup passed away

[Sw3tflower]

What is the name of your state (only U.S. law)? Calif
I am trying to find my prenup from 27 years ago. The attorney who wrote it up passed away 2 years ago. How do I find out who has taken over for him, if anyone? Perhaps he has a record of the prenup.

 

[Zigner]

Don't YOU have a copy somewhere? If not, why not. And, why would you assume the lawyer kept a copy?

 

[Sw3tflower]

reply

We were given a copy. We filed it with the other important papers. My husband changed the location of the files and will not tell me where they are.
The attorney who is representing me told me I might be able to get a copy from the attorney who took over the deceased attorney's law practice or from the firm he had worked for.
I am trying but having no luck. I thought other attorney's familiar with this type of situation might be able to help or give me some advice.

 

[LdiJ]

We were given a copy. We filed it with the other important papers. My husband changed the location of the files and will not tell me where they are.
The attorney who is representing me told me I might be able to get a copy from the attorney who took over the deceased attorney's law practice or from the firm he had worked for.
I am trying but having no luck. I thought other attorney's familiar with this type of situation might be able to help or give me some advice.

File for divorce as if no prenup exists...believe me if one exists your husband's attorney will present it ASAP and then you can deal with it from there.

 

[Ohiogal]

File for divorce as if no prenup exists...believe me if one exists your husband's attorney will present it ASAP and then you can deal with it from there.

Unless she has more assets -- think Britney and KFed. Maybe OP is Britney-like. Then why would hubby present it?

 

[mistoffolees]

File for divorce as if no prenup exists...believe me if one exists your husband's attorney will present it ASAP and then you can deal with it from there.

That assumes that it is the husband who wants to protect his assets. If SHE is the one who needed the pre-nup, then it won't work.

 

[LdiJ]

Unless she has more assets -- think Britney and KFed. Maybe OP is Britney-like. Then why would hubby present it?

Yep, you and Mistofolees got me on that one! I was making a potentially false assumption.

 

[Ohiogal]

Yep, you and Mistofolees got me on that one! I was making a potentially false assumption.

Yep. So it is partially able to happen maybe. But we need more info.

OP you can always try to contact the bar association and find out where the records went and if they would know.

 

[seniorjudge]

A pre-nup that old is probably worthless.

 

[Sw3tflower]

My husband wanted a prenupt to protect the $30,000 he had before we got married. It protected the $20,000 I had before I got married, which we used as a down payment on our house, purchased the month we married. We still live in it. It also said after we had children, I was to quit working outside my home (I was in the medical profession that required education credits to renew my licence) and become a stay at home mom. My husband would support me entirely, and give me $700/per month for food and other expenses. This was to be adjusted up annually as the cost of living went up and expenses related to our children and personal expenses increased. It also listed my furniture, purchased before marriage that we still use, as my property.
I gave up my profession at my husband's request. I am hoping since my personal money was used as the down payment on our house and not my husband's, it would make a difference in dividing the equity in our home.

 

[las365]

Ask your lawyer about "spoliation of evidence" and how it might apply in your case.

 

[mistoffolees]

Ask your lawyer about "spoliation of evidence" and how it might apply in your case.

That's going to be pretty hard to use.

OP lost her copy of the pre-nup. STBX can simply claim that he lost his copy, too. Unless she can prove that he has it and destroys it to keep it out of court, she's not going to win that argument.

 

[las365]

OP lost her copy of the pre-nup. STBX can simply claim that he lost his copy, too. Unless she can prove that he has it and destroys it to keep it out of court, she's not going to win that argument.

Per OP:

We were given a copy. We filed it with the other important papers. My husband changed the location of the files and will not tell me where they are.

It may come down to a question of credibility. But after 27 years, as SJ said, it could be a moot document anyway.

 

[LdiJ]

Per OP:


It may come down to a question of credibility. But after 27 years, as SJ said, it could be a moot document anyway.

Which would mean that his 30k is no longer protected either. Unless of course after 27 years he has additional proof that it was premarital property, and was never mingled with marital property.