Helping our neighbors plan for their family’s future and avoid painful issues.
Just because you are separated and going through a divorce does not mean that you shouldn’t pay attention to your estate plan. In fact, there are a set of circumstances in which the law might create a result that you expressly wanted to avoid if you do not take measures to protect yourself. I am talking about the “elective marital share”. Separated But Not Divorced This issue keeps coming up with clients of mine Read More
The portion of your estate that passes to your spouse is called the marital share. Typically, you would provide for your spouse by indicating in your Will how much of your estate is to go to them upon your death. We often refer to an “I Love You Dearly Will” as being one that leaves everything to my spouse if they outlive me or everything to my children if my spouse pre-deceases me. For the vast majority of married Read More
One of the most common legal actions taken before marriage is signing a prenuptial agreement, which typically defines the financial and property rights of each spouse in case of a divorce. Unfortunately, prenups have amassed a terrible reputation over the last few decades. Commonly associated with the rich and wealthy, prenuptial agreements are usually seen as a lack of trust between marrying couples. This has Read More
In my family law practice I am increasingly being asked to help couples develop a "no-nup" agreement - essentially a prenuptial agreement for couples that have no intention of marrying. It seems that this increase is caused by a) more couples simply putting off or eschewing marriage all together, and b) older couples who have been burned by divorce previously and want to avoid it this time around. In some Read More
