[WSBAPT] When "Not" to Advise a Pre-Nup?

[Peterson, Eileen]

I’d be very careful – prenuptial is always preferred course.  I generally never convert separate property to community property unless there is a very specific reason for doing so.  “I love you” is not a good enough reason.  The rights are different both at death and upon dissolution of marriage (and these are the areas of conflict).  If the clients elect to convert without separate counsel and you are willing to act for both (and I agree with John’s comment), you should provide very clear disclosures in the document indicating the potential for conflict and the recommendation for separate counsel.  My two cents, Eileen

Eileen S. Peterson
Attorney at Law
T 253 620 6419
F 253 620 6565
Click here to follow Lars in ourTrusts & Estates Blog<http://www.gthestateplanning.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Victor R
Sent: Tuesday, April 07, 2015 12:23 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] When "Not" to Advise a Pre-Nup?

I don't see ANY conflict of any kind, however (and this is not an easy thing to say).

Their situation:  "What's mine is yours and what's yours is mine"

On Tue, Apr 7, 2015 at 11:38 AM, John Creahan <john at cairn-law.com<mailto:john at cairn-law.com>> wrote:
I would be very careful about attempting to represent both parties.
John

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Victor R
Sent: Tuesday, April 7, 2015 11:31 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] When "Not" to Advise a Pre-Nup?

Members:

We got a potential situation where Prior Marriage Assets from one spouse AND a size-able Inheritance coming from the Mother of the 'other' spouse are involved.

1)  When do you NOT advise a pre-nup?  Under what conditions?

My thinking:  Simple CPA should to the job, assuming they want to comingle everything.

2)  ... I'm wondering Is there a Presumption of any kind where "Separate" Property becomes "Non-Separate" Property/Community Property?  Or once "Separate" Property, no time limit & Forever Separate Property, UNLESS a new Instrument is Drafted?

Your input is very well aprreciated, here.
thanks.


--

Victor Ro, Esq.
THE RO FIRM, P.S.C.
A Professional Services Corporation
5400 Carillon Point
Bldg. 5000, 4th Floor
Kirkland, WA 98033
Tel:  (206) 319-7072
Fax: (206) 319-4470
This communication is CONFIDENTIAL - ATTORNEY WORK PRODUCT - PRIVILEGED.  You are responsible for any damages arising in any way from its use.  Do not construe this correspondence or contents, thereof, as legal advice or as an engagement between an attorney and client.  If you received this communication in error, delete it immediately and permanently from all existing files.  NOTICE and PROHIBITION:  Do not copy, transmit, retransmit, distribute, or disclose this information contained, herein.

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--

Victor Ro, Esq.
THE RO FIRM, P.S.C.
A Professional Services Corporation
5400 Carillon Point
Bldg. 5000, 4th Floor
Kirkland, WA 98033
Tel:  (206) 319-7072
Fax: (206) 319-4470
This communication is CONFIDENTIAL - ATTORNEY WORK PRODUCT - PRIVILEGED.  You are responsible for any damages arising in any way from its use.  Do not construe this correspondence or contents, thereof, as legal advice or as an engagement between an attorney and client.  If you received this communication in error, delete it immediately and permanently from all existing files.  NOTICE and PROHIBITION:  Do not copy, transmit, retransmit, distribute, or disclose this information contained, herein.
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