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

[Victor R]

Ok, however, if both parties simply want a CPA, you'd still advise separate
counsel?  WITH a prenup?

On Tue, Apr 7, 2015 at 12:52 PM, Maureen Wickert <wickertlaw at comcast.net>
wrote:

> Separate independent counsel is necessary for the two individuals as part
> of the procedural fairness of the agreement.  See 107 Wn.2d 479, Marriage
> of Matson, 1986.
>
>
> Very truly yours,
> Maureen A. Wickert, Attorney at Law
>
>        WICKERT LAW OFFICE
>
> 14900 Interurban Avenue South, Ste 255
>         Tukwila, WA 98168
>        Phone: 206-859-5502
>          Fax: 206-260-9005
>      www.wickertlawoffice.com
>        wickertlaw at comcast.net
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> ------------------------------
> *From: *"Eileen Peterson" <EPeterson at gth-law.com>
> *To: *"WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> *Sent: *Tuesday, April 7, 2015 12:37:42 PM
>
> *Subject: *Re: [WSBAPT] When "Not" to Advise a Pre-Nup?
>
>  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 our**Trusts & 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> wrote:
>
> I would be very careful about attempting to represent both parties.
>
> John
>
>
>
> John Creahan
>
> 206-621-5848
> www.cairn-law.com
>
>
>
>
>
> *From:* 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
> *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.
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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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-- 


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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