Do I need to list a possible inheritance in my prenup?

Yes, we recommend that in the interest of full disclosure you list all your assets including future assets that you may receive during the marriage if you anticipate wanting to keep this as separate property.  In a prenuptial agreement, parties decide who owns what and what property rights each spouse will have should the marriage end. The decisions made in a prenuptial agreement override the laws designed to protect a surviving spouse should a marriage end in death. 

Your prenuptial agreement terms can determine which of your assets are separate property and which are marital property. Some spouses draft in their prenuptial agreement a waiver to each other’s retirement accounts. Other couples chose to state an amount of income earned by each spouse that is that spouse’s separate property. When you state these agreements, it will change your spouse’s right to inherit that property if you die during the marriage. 

There may be circumstances where you do not know what you could potentially receive from a relative and if this is your situation we can create blanket language to cover your predicament.