Answer:
The answer depends on state law. Most states provide each spouse with "inchoate" rights in property of the other spouse. Thus, even though they have agreed to keep their property separate, they may each have a right to make a claim against the other spouse's estate. Before accepting the terms of the agreement in making your decision, check with a local attorney on how state law operates.
And yes, you can and should ask for a copy of the agreement.
First published on BankersOnline.com 10/21/02