Wills • Trusts • Taxation • Probate

Serving Fresno/Clovis & The San Joaquin Valley

Telephone: (559) 277-7300

Legal fees range from $2,500 to well beyond for complicated economic and family issues. Thus, it's best that the parties discuss as much as possible and come to some tentative resolution before the lawyers get too far into things.  I stress "tentative" because the attorneys may say something that willl change one or both minds.

How long will the surviving spouse be allowed to remain the house after the other spouse dies?  It could be until she/he dies or could be a year or less. Each situation is different.

Be very careful about the debts that one spouse brings into the marriage. Although the debt-free spouse has no legal liability to pay them, it could cause great strain and affect the emotional relationship and the debt-free spouse may find themselves "forced" to help pay just to keep the relationship positive.

A wealthy spouse can provide for a less-wealthy spouse and then the remaining assets can be distributed to the wealthy spouse's children via  a Trust arrangement.  Life insurance is sometimes used to assist in these cases.

Also, be sure that the parties' wills and trusts are in synch with the Prenuptial Agreement and consistent with it.

Family heirlooms can be the most valuable items to some people and need to be specifically described in the Agreement to prevent problems after the death of a spouse.

I also recommend that the Agreement be shared with family members to prevent it "loss" after one spouse dies and to also reassure the children that matters are well in hand.

Jerry

 

Gerald Lee "Jerry" Tahajian
Attorney at Law

of Counsel
Tomassian, Pimentel & Shapazian
3419 W. Shaw Ave

Fresno, CA 93711 (map)

TEL: (559) 277-7300
FAX: (559) 277-8100

Email: jerry@gltlaw.com