Prenuptial and Postnuptial Consequences

Prenuptial agreements and postnuptial agreements have their good points and bad ones.  The good points is that it can contractually deal with many issues in the event of divorce.  One of the bad points is that if everything goes well, what happens if the spouse is killed in a wrongful death?  This is what happened in Tennessee in Rickman v. Rickman located here.  In that case, the Tennessee Court of  Appeals ruled that a postnuptial agreement prevented a spouse from claiming any proceeds of the husband's wrongful death claim.  The same would hold true in Mississippi depending on how the agreement is drafted.  This may be an agree to look at on these agreements when drafting them for clients.