Fiancé just decided he wants a prenup

MyNameIsNot · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:8ac29a52-49ab-431c-9326-28e40029e5a7">Re:Fianc just decided he wants a prenup</a>:
[QUOTE]I dont think the court could just throw the agreement out based on when it was being signed. What about, for instance, celebrities I'm pretty sure the court allowed the kardashians to sign a prenup and they had 2 week engagements! Just like a divorce can be 'rushed' I'm sure something a simple as a prenup could be as well.
Posted by JordynLeighx3[/QUOTE]

<div>There's no hard and fast rule about the amount of time, but it is very unlikely that a pre-nup thought up, drafted, and signed in 10 days would be enforceable. With the Kardashian marriage, it would be a little different. Both she and the husband were celebrities with extensive access to attorneys and financial advisors. They probably both knew they would need a pre-nup long before they thought about getting engaged, and they would have had their respective attorneys negotiating the details for them.</div><div>
</div><div>This is a little different. When this couple has never talked about it and he springs it on her 10 days before, 99/100 courts are going to find that she felt like she had no choice but to sign the pre-nup. The rule in most states is if the disadvantaged party reasonably didn't have a choice, you can't enforce. There is also a requirement of full disclosure, meaning that both have to present full financial statements and have time to review them.</div><div>
</div><div>OP, I would tell him that you're willing to consider it and that he should call a lawyer. When he sees that it's going to cost a few thousand dollars, take a while, and that you'll need your own lawyer to look it over, he'll probably realize that it's a bigger deal than he though. Honestly, if someone came in to see me tomorrow and wanted to hire me for a pre-nup for a wedding happening in 10 days, I would have to turn down their money. I don't think I could even prepare everything in that amount of time. </div>

goobersinlove · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:75625985-24d4-443d-9ede-c3d549dc9b32">Re:Fianc just decided he wants a prenup</a>:
[QUOTE]In Response to Re:Fianc just decided he wants a prenup : There's no hard and fast rule about the amount of time, but it is very unlikely that a pre-nup thought up, drafted, and signed in 10 days would be enforceable. With the Kardashian marriage, it would be a little different. Both she and the husband were celebrities with extensive access to attorneys and financial advisors. They probably both knew they would need a pre-nup long before they thought about getting engaged, and they would have had their respective attorneys negotiating the details for them. This is a little different. When this couple has never talked about it and he springs it on her 10 days before, 99/100 courts are going to find that she felt like she had no choice but to sign the pre-nup. The rule in most states is if the disadvantaged party reasonably didn't have a choice, you can't enforce. There is also a requirement of full disclosure, meaning that both have to present full financial statements and have time to review them. OP, I would tell him that you're willing to consider it and that he should call a lawyer. When he sees that it's going to cost a few thousand dollars, take a while, and that you'll need your own lawyer to look it over, he'll probably realize that it's a bigger deal than he though. Honestly, if someone came in to see me tomorrow and wanted to hire me for a pre-nup for a wedding happening in 10 days, I would have to turn down their money. I don't think I could even prepare everything in that amount of time.
Posted by MyNameIsNot[/QUOTE]

<u>Strongly agree with all of this here</u>. There is a big difference between a prenup being signed 10 days before the wedding vs. a prenup that was merely only <em>contemplated</em> 10 days before the wedding.

Postnuptial agreements are a very considerable option in this circumstance, and entirely enforceable assuming they are appropriately drafted and executed. Discuss this option with your FI.

Also, you indicated that he doesn't have a lot in the way of assets. Your FI may even go see a lawyer and there is a chance, based on that lawyers analysis of (a) his assets/liabilities and (b) his intentions in the event of divorce/death/separation that the lawyer would even tell him that a prenup/postnup is unnecessary in his particular situation. I obviously can't guarantee that for you, but it is entirely untrue that "everyone <em>needs</em> a prenup."

I also feel the need to make a comment about the story of the knottie whose husband died and the in-laws somehow took everything. There seems to be a WHOLE lot of missing information there that internet strangers wouldn't be intimately familiar with, and it seems extremely far fetched to speculate that this wouldn't of happened <em>had</em> there been a prenup.

hoffse · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:41e3dbd3-cb36-4657-8086-aa11596ab9a6">Re: Fiancé just decided he wants a prenup</a>:
[QUOTE]You don't have to worry about a thing. He can't ask for a pre-nup this late in the game. A pre-nup is a contract which means that you need sufficient time to consider the agreement. You would also need ample time to hire an attorney and make an appointment to meet with them and get advice. I am signing our pre-nup next week and it has taken 6 months to get this completed. Asking for a pre-nup 10 days before your wedding puts you in a condition of duress and would be thrown out in court. Initially I was against doing a pre-nup but I'm so glad I did. The law is changing dramatically against women, especially those who choose to stay home and raise children.
Posted by AmandaGT26[/QUOTE]

<div>This. Most states consider weddings to be duress - and they worry that SOs who sign prenups right before a wedding do so just so that the wedding will go on. He's very likely too late. Try not to take it personally. I really want a prenup but FI doesn't. I'm hoping when he takes wills and trusts next year he'll agree with me though lol. It may be that one of his friends said something or he's getting nervous - it doesn't sound like he really knows what they are about if he doesn't have assets to protect.</div>

ootmother2 · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:b991a526-6938-4836-80a3-130e6a2631f9">Re:Fianc just decided he wants a prenup</a>:
[QUOTE]In Response to Re:Fianc just decided he wants a prenup : I also feel the need to make a comment about the story of the knottie whose husband died and the in-laws somehow took everything. There seems to be a WHOLE lot of missing information there that internet strangers wouldn't be intimately familiar with, and it seems extremely far fetched to speculate that this wouldn't of happened had there been a prenup.
Posted by goobersinlove[/QUOTE]

Too bad that you feel the need to doubt my post. Go to Married Life on the Nest and ask what happened to Archer's husband. You have no idea what you're talking about here.

goobersinlove · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:bff21c6f-0ce2-4b5c-b568-43520157797d">Re:Fianc just decided he wants a prenup</a>:
[QUOTE]In Response to Re:Fianc just decided he wants a prenup : Too bad that you feel the need to doubt my post. Go to Married Life on the Nest and ask what happened to Archer's husband. You have no idea what you're talking about here.
Posted by ootmother2[/QUOTE]

Well feel free to share if you know <u>all</u> of the facts and circumstances <u>as well as</u> the applicable laws and procedures - you're the one who confidently said that. I'm saying that, on the face of what I've seen in this post, it seems like this poor woman got tricked into something and/or grossly misadvised somewhere, prenup or no prenup. It doesn't seem to line up with the general laws of intestasy.

Obviously everyone's circumstance is unique and should be evaluated on a case by case basis. The OP need not be scared into thinking that she needs a prenup otherwise her in-laws will somehow get everything in the event her husband unexpectedly passes away.

ootmother2 · June 2012

The couple lived in Austin, Texas and I know next to nothing about estates and the laws involved unless they include financial statements.

I'm a trader, not a lawyer

SD210 · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:dd4deacd-0b00-497d-8159-0663fd694b77">Re:Fianc just decided he wants a prenup</a>:
[QUOTE]In Response to Re:Fianc just decided he wants a prenup : I would have to side with @goobersinlove here. If the husband died without a will, then a probate court would have handled the estate, it couldn't have been "seized" by his parents. The real way to protect yourself (or your spouse) from a situation like this would be with TODs/PODs, joint tenant with rights of survivorship, a will, or even better, a trust.
Posted by Sleeper2013[/QUOTE]

I also have to agree with goobersinlove (and Sleeper2013) on this one. If you die without a will, there are state laws that dictate who gets your property. In most states, if you die without a will and you are married, your property goes to your spouse. If you are single with no kids, it would go to your parents. Also, if you are married but your spouse forgets to update his or her old will (or intentionally writes you out of the will), there are protections for you if your spouse dies. Google the word "elective share." If a spouse is written out of a will, the surviving spouse is entitled to a portion of the decedent's estate. The amount they are entitled to depends on state law, but generally it is 1/3 to 1/2 of the estate. If the parents swooped in and seized all of the property, it means it probably wasn't in the husband's name to begin with. Certainly, being kicked out of his family's home is very sad, but if he didn't own it a pre-nup wouldn't have helped the situation. There is more to that story, from a legal standpoint. Not saying that the story isn't very sad or tragic, just legally speaking, it is unlikely a pre-nup would have helped.

OP - - your FI may not have many assets now, but some (one-sided) pre-nups have you waive your right to alimony in the future. It is one thing to say "I won't take pre-marital property," it is another thing to waive your right to alimony in the future. You should not sign any agreement until you have retained an attorney to review and explain to you the legal implications of the agreement. I agree with the PPs who said you should look into a post-nuptial agreement where you both sit down (after the wedding) and discuss how things should be fairly split in the event of a divorce. You should probably have wills drawn up at the same time.

MoonlightSilver · June 2012

Like PPs said, there really isn't enough time to get a pre-nup signed. My FI and I were planning to have a pre-nup all along, but didn't get around to seeing a lawyer until about 3 weeks out. He told us everything we'd have to do (write it up, FI hire a separate lawyer to review it, both be advised, then sign) and we realized there just wasn't enough time.

If your FI is serious, ask him to hire a lawyer to write the document. If he gets that far, then you can consider looking for your own lawyer to review it. But until then, I wouldn't worry about the document. You should continue to discuss with your FI why he's bringing this up and what it really means to him.

jessicabessica · June 2012

@ OOT--I don't think I read the full story about this when it was originally posted, but your first post said that they weren't married yet, so the poster wasn't his spouse. A cohabitation agreement or a will could have helped her. I think prenups generally take affect upon the marriage, so that probably wouldn't have helped, although prenups do address what happens upon death, not only divorce.

ootmother2 · June 2012

No, they were married for about 2 years. Let me go back and see how badly I messed it up

ootmother2 · June 2012

I just checed my first reply and I said that I did thing they had been married two years at that time. They were definitly married.

ootmother2 · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:10024c8c-180d-4206-b94a-4b9eabeeeaad">Re:Fianc just decided he wants a prenup</a>:
[QUOTE]In Response to Re:Fianc just decided he wants a prenup:In Response to Re:Fianc just decided he wants a prenup:There seems to be a WHOLE lot of missing information there that internet strangers wouldn't be intimately familiar with, and it seems extremely far fetched to speculate that this wouldn't of happened had there been a prenup. Posted by goobersinlove And I now feel the need to point out that not all of us are "Internet strangers". Some of us are very close friends who have known each other for YEARS. Hell, there are certain knotties who know things about me, my life, and my marriage that my closest meatspace friends don't know, and vice versa. ETA: not weighing in either way on the validity of the particular story, just making an observation.
Posted by StageManager14[/QUOTE]

The boards were different then. There was a chat room where we could go to talk prvately. I did IM with Archer for a few years.

futuremrsbruno · June 2012

OP, I'm sorry, that's definitely not something you should have on your mind 10 days before your wedding. Do you think it could be coming from somewhere else? Has he been calm and collected throughout the process? I know many a guy who had his freak out at the end. I don't know why, but it seems it takes up until the wedding for some guys to have reality sink in. You would think that would happen when they propose... but I digress..

I would talk to him, calmly, and see where his head is at. Things are probably a little crazy, emotions and excitement are running high, and who knows, someone may be talking in his ear. Unless he's got a paper he wants you to sign, I wouldn't panic just yet.

And while I doubt he'd be able to get this all drawn up and taken care of so soon before the wedding, there is nothing wrong with protecting your assets. Neither FI or myself came in with anything of real value except our cars. Any assets we have were obtained during the course of our relationship. If that were different I would have no problems signing a pre-nup and probably wouldn't give it another thought. My MOH has no plans to get married ever at the moment and I know for a fact that she could call a lawyer today with her terms for a pre-nup.

Ashes_3 · June 2012

Get your own attorney to represent you to read it and say if your interest's are covered and whether or not to sign it.Anyone signing a prenup should do this.

claire_9 · June 2012

I was upset when my FI asked for a prenup, but I know where he's coming from. The best explanation is from Eirwynt. My FI and I are both in the legal field so we both know how they work, but what shocked me most is that he would even think that we wouldn't work out. I know where my FI is coming from, he has worked very hard for his own business, and i wouldn't dream of touching that otherwise. His biggest concern is that most of the people in my family (brothers and sisters) have gone through a divorce and he doesn't want us to be the same way. I shared with him why I felt it wouldnt be that way and stuff, and there is wording you can put in the prenup for that.

To be honest, I'm still not thrilled on the idea but like PPs said, its insurance. No one has to know you have one, you don't ever have to use it, but it is just there for protection. The thing that concerns me about your situation is that it is so close to the wedding.

You need to sit down with him and find out what is really going on and why he waited until now to bring this up to you. If he wanted the prenup now, he should know it is way too close to the wedding.

Snippylynn · June 2012

Glossing over the legal pissing match that just happened here seriously guys? You couldn't stay focused on her situation? My H and I signed a prenup and neither of us have anything to protect in the least. What we DO have, is love for each other. Meaning, why not protect each other when we love each other most? I was happy to sign the prenup on the chance that someday, we would be so angry with the other, so as to be destructive. This way, we guarantee we can only do so much harm. I would rather live with a silly document than know I tried to destroy the person I used to love.

StephF1984 · June 2012

I don't know where you are from, I live in Canada.
My future in laws want us to sign a prenup due to inheritance and such. At first I hated the idea but then realized it also benefits me.
A prenup here must be signed at least 2-3 weeks before the wedding date or it will never hold up in court. Sorry to say but he's a little too close to the wedding. The way my lawyer described it was that if I was to sign it a week before the wedding and something happened 20 years down the road I could say that I was pressured into signing it and was under a lot of stress from the wedding and a judge would never accept it.
Don't be hurt about him bringing it up. They can be good things. But he's a little late for such a demand.

mimijesse · June 2012

He claims it is a coworker that has been on his back for the last month telling him that marriages are always mistakes and that I could wake-up in a few days and realize that I could do better (coworkers words, not mine!) and leave him and take half of his stuff. This coworker has been married and divorced 4 times. It is not the first time he has given 'fatherly' advice to young guys at work who are getting married.

I am from Quebec and the laws here state that I would be entitled to half of the family residence that is paid off being the mortgage is in his name and half of the family vehicule's worth.

I asked a notary (they do this stuff here in Quebec) and she informed me that all he would be protecting would be of less than $500 in value, if that. She also informed me that a notary will push for it if they can make the extra cash. I did not pay her anything, so she had nothing to lose in informing me of such.

He drove down to my parents' house last ngiht and we came back to his home. We talked and I explained what the other rules said. I told him to ask the notary he was talking to to explain it to him to make sure he understands. I just wish he would have said something 6 months ago, rather than wait till last night.

hoffse · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:07282bea-fbdf-493d-a87e-6e32f7fbaf41">Re: Fiancé just decided he wants a prenup</a>:
[QUOTE]He claims it is a coworker that has been on his back for the last month telling him that marriages are always mistakes and that I could wake-up in a few days and realize that I could do better (coworkers words, not mine!) and leave him and take half of his stuff. This coworker has been married and divorced 4 times. It is not the first time he has given 'fatherly' advice to young guys at work who are getting married. I am from Quebec and the laws here state that I would be entitled to half of the family residence that is paid off being the mortgage is in his name and half of the family vehicule's worth. I asked a notary (they do this stuff here in Quebec) and she informed me that all he would be protecting would be of less than $500 in value, if that. She also informed me that a notary will push for it if they can make the extra cash. I did not pay her anything, so she had nothing to lose in informing me of such. He drove down to my parents' house last ngiht and we came back to his home. We talked and I explained what the other rules said. I told him to ask the notary he was talking to to explain it to him to make sure he understands. I just wish he would have said something 6 months ago, rather than wait till last night.
Posted by mimijesse[/QUOTE]

<div>I know you are hurt but you are now 9 days away from your wedding. Really, two things need to happen: first, he needs to stop listening to this guy - of COURSE anybody who has been divorced four times is going to have a jaded view. Your FI is probably getting a bit nervous about this change that's about to happen, and this other guy is the one who is talking the loudest. Second, you might want to nicely tell him "honey, it's really too late - the prenup ship has sailed." I'm not sure if Canada recognizes a post-nup, but that's pretty much all you've got available at this point, and I know in the US they are more difficult to enforce through the courts than a prenup. If Canada does recognize post-nups, then you can nicely offer to talk to him about that after the wedding. I would bet that by that time his nerves will have settled and he'll realize that he has no assets to protect. That said, even people without assets can benefit from pre/postnups if you anticipate making a lot of money or receiving an inheritance in the future. But hashing it out 9 days before the wedding is NOT the time to do it - both of you are going to be way too stressed and distracted at this point, and that's precisely why a court won't uphold it. It's duress.</div>

mimijesse · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:436ea265-b133-45c0-8d39-5a711754387a">Re: Fiancé just decided he wants a prenup</a>:
[QUOTE]In Response to Re: Fiancé just decided he wants a prenup : I know you are hurt but you are now 9 days away from your wedding. Really, two things need to happen: first, he needs to stop listening to this guy - of COURSE anybody who has been divorced four times is going to have a jaded view. Your FI is probably getting a bit nervous about this change that's about to happen, and this other guy is the one who is talking the loudest. Second, you might want to nicely tell him "honey, it's really too late - the prenup ship has sailed." I'm not sure if Canada recognizes a post-nup, but that's pretty much all you've got available at this point, and I know in the US they are more difficult to enforce through the courts than a prenup. If Canada does recognize post-nups, then you can nicely offer to talk to him about that after the wedding. I would bet that by that time his nerves will have settled and he'll realize that he has no assets to protect. That said, even people without assets can benefit from pre/postnups if you anticipate making a lot of money or receiving an inheritance in the future. But hashing it out 9 days before the wedding is NOT the time to do it - both of you are going to be way too stressed and distracted at this point, and that's precisely why a court won't uphold it. It's duress.
Posted by hoffse[/QUOTE]

Thank you. I think that is exactly what I will discuss with him after the wedding. I think he is srtessed because the guys at work (he works in a shop with only male coworkers) keep razzing him. I will mention it after the wedding.

Thank you ladies so much for calming down a very hurt and upset bride. You girls are always so great!

crnflkgirl75 · June 2012

Here's what my attorney told me: pre-nups are almost always worthless. She stated that a will is far better, and that if, in a divorce, (in CT) either party challenges the prenup, it is usually altered or thrown out. The marriage changes the terms because what happens during a marriage cannot always be foreseen at the time the prenup was signed-- or something to that effect.

Meegles4 · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:a43132ff-7ce3-4400-a1ba-25c22ae40972">Re:Fianc just decided he wants a prenup</a>:
[QUOTE]Glossing over the legal pissing match that just happened here seriously guys? You couldn't stay focused on her situation? My H and I signed a prenup and neither of us have anything to protect in the least. What we DO have, is love for each other. Meaning, why not protect each other when we love each other most? I was happy to sign the prenup on the chance that someday, we would be so angry with the other, so as to be destructive. This way, we guarantee we can only do so much harm. I would rather live with a silly document than know I tried to destroy the person I used to love.
Posted by Snippylynn[/QUOTE]

Snippy's point is exactly what I was thinking through all of this. Sure, we can all SAY that we'd never dream of taking our spouse's assets from before the marriage, but until you're actually in the throes of divorce, I don't think any of us can guarantee that. So, why not protect each other when you're both thinking rationally and fairly?

OP, to your point about his lack of assets. Will you be the primary wage-earner of the two of you? If so, it's possible that's a concern for him. In my case, H is the breadwinner, times two. Sure, I supported myself just fine when I was single, but what if we get 10 years down the road and things fall apart? It's likely my income will never grow to his, and if we add a couple kids to the mix, will I be able to provide for myself?

While I would never want that to happen, it does cross my mind given the world we live in and the fact that you really never do know what the future holds. So maybe he's feeling that way.

I have a feeling he's just freaking out a little and everything will really be OK. But, it's also important to talk about this stuff, even if you don't actually get a pre-nup.

bunni727 · June 2012

I have no idea about these kinds of things, but could a pre-nup protect OP from having to split her FI's mortgage payments in the event of a divorce?

I know it's been said there isn't enough time for one anyway, I'm just curious about how that would work.

krose83013 · June 2012

I was orignially in the same mindset that he was planning for a divorce before we even get married. But I spoke to him about it and asked why? His explanation was to cover ourselves in case of any issues with the house we just bought, inheritance, etc. Which I understand once he put it into perspective.

astacey1784 · June 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_fianc-just-decided-he-wants-a-prenup?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:be3522da-b776-4868-9c29-36a39e288447Post:a64db3a6-1771-4d29-91e6-02269df69a6b">Re: Fiancé just decided he wants a prenup</a>:
[QUOTE]A pre nup has the advantages that a willl. provides as well. A while back, there was a knottie on here (and the nest) who's husband was killed before they were even married two years. He died without a will (many 30 year olds don't) His parents seized everything their son's name was on. Half of everything included their house which she was force to sell A prenup would have prevented that
Posted by ootmother2[/QUOTE]

PLEASE DO NOT TAKE THIS POST AT FACE VALUE.

Either this poster got incorrect information or there is a A LOT of information/details missing or this couple lived in a state/country that I have never heard of.

I practice law primarily in the areas of estate planning and estate administration I cannot think of a single state that I have ever dealt with that deprives a surviving spouse of a share (if not all) of the deceased spouse's estate if there is no will (even with a prenup if there is no will the surviving spouse inherits). I also cannot think of any states that I have ever dealt with that give the deceased's parents any rights to the property if there is a surviving spouse.

In fact, commonly the only way that a surviving spouse will receive nothing is if there is a prenup and a will and the will does not leave anything to the surviving spouse.

Assuming for arguments sake that this post is correct and these people lived in a state that gave the parents all the property a prenup would not have helped the wife.

The only remotely plausible reason that this story could be true that I can think of is if the dead husband owned all of his assets jointly with his parents or if he had named his parents as the beneficiaries of all his assets. In that case a prenup wouldn't have helped her either.

Fiancé just decided he wants a prenup

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