[WSBAPT] Opt-Out of Community Property?

[tegatesesq]

Jared:
Did you get any replies?
Tom


Sent from my T-Mobile 4G LTE Device-------- Original message --------From: "Jared E. Adams" <jared at condieadams.com> Date: 10/14/2015  11:26 AM  (GMT-08:00) To: wsbapt at lists.wsbarppt.com Subject: [WSBAPT] Opt-Out of Community Property? 


Hi Colleagues,
 
I am working on an estate plan for a couple who did a prenuptial agreement about 20 years ago in which they agreed to “opt out” of Washington community property law, and have everything be separate property.  I’ve seen and drafted a fair
 number of pre-nups, but never one where the parties entirely “renounce” community property law.
 
My first question is, have others seen this type of pre-nup before? Does it stick if someone objects later?
 
My second question is, what do you think about “refreshing” martial property agreements periodically?  I was speaking with an attorney in Nevada, who said he is seeing a growing trend there for attorneys to advise married clients to update
 their property agreements every decade or so to confirm the intent of the parties and prevent (or clean up) unintended commingling. I am curious if others have heard the same or seen the trend here in Washington?
 
Thanks!
 
Jared
 
 
Jared E. Adams, JD, LL.M.
 
Condie & Adams, PLLC

611 4th Avenue, Suite A

Kirkland, WA  98033

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