Why a Pennsylvania Prenup Is Only Half the Story: The Case for Wills and POAs

A prenuptial agreement defines your rights, but it does not make them happen. In Pennsylvania, a prenup alone cannot transfer property at death or grant medical authority during incapacity. To ensure your prenuptial agreement is enforceable and functional, you must pair it with a Last Will and Testament, a Financial Power of Attorney, and a Healthcare Power of Attorney. Without these documents, your estate may face costly litigation or "intestacy" rules that contradict your prenup’s intent.

The Gap Between Contract and Execution

In Pennsylvania, a prenuptial agreement is a contract, not a dispositive document. While the prenup says what should happen, the following documents are what make it happen.

1. Closing the "Operational Gap" with a Will

A prenup might state that a spouse is entitled to a specific asset upon your death. However, a prenup is not a "probate document."

• The Problem: If you die without a Will (intestate), Pennsylvania law of intestate success, (i.e. the Government’s Will) dictates asset distribution, which may conflict with your prenup.   The government’s will also dictates who gets to administer your estate and get paid to do so.  

  
  

• The Solution: Your Will serves as the "work order" for the selection of who will administer your estate (your Executor) and for your Executor to fulfill the promises made in your prenuptial agreement.

2. Overcoming the "Elective Share" (20 Pa. C.S. § 2203)

Pennsylvania law protects surviving spouses through the "Elective Share," allowing them to claim one-third of a deceased spouse's estate regardless of the Will.

• While most prenups waive this right, the waiver is most enforceable when the Will specifically references the prenuptial agreement. This prevents heirs from claiming the waiver was "involuntary" or based on "incomplete disclosure."

3. Managing Incapacity via Powers of Attorney

A prenuptial agreement is typically silent on what happens if you are alive but unable to make decisions.

• Financial POA: If you have "Separate Property" defined in your prenup, a Financial Power of Attorney, often called a “Durable General Power of Attorney” ensures that your chosen agent—not necessarily your spouse—manages those assets if you become incapacitated.

  
  

• Healthcare POA: This clarifies who makes medical decisions, preventing potential friction between a new spouse and adult children from a prior marriage.

Protecting Your Prenup Through Estate Planning

Drafting a prenuptial agreement alongside your estate planning documents helps ensure there are no gaps or unintended conflicts in your overall marital and asset protection strategy. At Fiffik Law Group, our Pennsylvania attorneys help clients coordinate prenuptial agreements with wills, powers of attorney, trusts, and beneficiary designations to help ensure their wishes are enforceable during incapacity and after death.

Whether you are entering a second marriage, protecting separate property, planning for blended family dynamics, or updating an existing estate plan, our team can help ensure your legal documents work together as intended. Contact Fiffik Law Group to discuss your Pennsylvania prenuptial agreement and estate planning needs.