Prenuptial & Postnuptial Agreements
The attorneys at Temmerman, Cilley & Kohlmann, LLP help clients prepare prenuptial and postnuptial agreements. Sometimes a client who has gone through a divorce or whose spouse has died, particularly when the client has children by the first marriage, wishes to keep their property entirely separate from their new spouse when they remarry, often because they wish to pass that property to their children and not to their new spouse in the event of their death.
In other cases, a client may have accumulated a substantial amount of wealth before marriage and may want to ensure that in the event of the client’s death some or all of this wealth will stay within the client’s birth family line or be distributed to a charity that is important to the client, rather than being shared with a new spouse. A prenuptial agreement — often called a premarital agreement — can help to ensure that the client’s estate plan works as intended at the client’s death, with a large portion or all of the client’s assets distributed to charity or to individuals other than the client’s spouse.
We represent clients throughout Fremont, Walnut Creek, Danville, Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco, and other counties.
Resolving Estate Planning Issues with Marital Agreements
Sometimes a client who is already married will explain to us that they want the bulk of their assets to be distributed to someone other than their spouse on the client’s death. If we discover that the client has commingled assets with their spouse, sometimes even the best estate plan cannot ensure that on the client’s death these assets will be distributed to someone other than their spouse. In that case, we may prepare a postnuptial (or postmarital) agreement for the client to ensure that their estate planning documents will have the intended effect.
Most of the time, clients who plan to marry or are already married desire to provide primarily for their spouses in their estate plans; therefore, there is no need for a prenuptial or postnuptial agreement. However, in those cases where a married or soon-to-be-married client wishes to provide primarily for someone other than their spouse or for charity, a prenup or postnup may be an essential part of the client’s estate plan. Having these documents prepared by the same law firm that is preparing your estate planning documents can provide a huge benefit to your overall estate.
Comprehensive estate planning services in San Jose, Pleasanton, Fremont, Walnut Creek, Danville, and Across the Silicon Valley
We welcome your inquiry regarding our estate planning services. For further information, or to schedule a consultation with a San Jose or Danville estate planning lawyer, contact Temmerman, Cilley & Kohlmann, LLP. Our San Jose law firm represents clients in Fremont, Walnut Creek, Danville, Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco, and other counties. Call our San Jose office at 408-290-7210, our Danville office at 925-233-4399 or contact Temmerman, Cilley & Kohlmann, LLP online today.