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

Tue Apr 7 13:24:31 PDT 2015

Victor, To address your question, a spouse has what is considered separate property from prior marriage and a spouse (maybe the same spouse) has a sizeable inheritance coming to him or her.  RCW 26.16.010 defines both circumstances as the separate property of the spouse holding such property. However, things get muddy when the separate property is then commingled with community property. The spouse holding the separate property must source back property in question as his or her own separate property to overcome community property presumptions. The answer to your question is dependent on the intent of the husband and wife during their lifetimes and after deaths such as blended families (if any), disposition of their estates, with separate property is there separate obligations, etc? If they truly want to have their own separate property respected, they each should seek their own independent counsel. If the parties are married, you are really talking about a post-nuptial agreement. A lot of underlying questions.  
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 

This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately. 

----- Original Message -----

From: "Victor R" <mailboxro at gmail.com> 
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com> 
Sent: Tuesday, April 7, 2015 1:02:11 PM 
Subject: Re: [WSBAPT] When "Not" to Advise a Pre-Nup? 

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 

This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately. 

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 

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.  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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WSBAPT at lists.wsbarppt.com 
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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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