6 March 2013 0 Comments

Prenuptial Agreements and Estate Planning

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Many people believe that drafting a prenup means that they are admitting their marriage will end before it has even begun, instead think of it as reassurance for yourself and your future family. California state legislature has helpfully crafted a plan for you in case you die without an estate plan, or divorce without a prenup.

A prenup, like an estate plan, is nothing more than a document allowing you to take control over your property. Most people believe they are better suited to decide how their property should pass at death than the government, and the same logic often applies to divorce. Many couples also find that defining their expectations before marriage helps minimize problems later.

It is extremely important that your attorney have an understanding of both estate planning and family law. The law around property varies greatly depending on the context and circumstances. Failure to have an attorney review your unique situation from a global perspective can have serious unintended and very expensive consequences.

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