Marriage prompts a lot of change—last names, bank accounts, estate plans, housing—but one of the most important changes that arrives once you say “I do” is a fiduciary duty to your new spouse. Fiduciary duty may sound like a term reserved for the boardroom, but a broad fiduciary relationship exists between married spouses as well. At […]
Currently divorcing spouses or couples considering divorce better consult a lawyer soon—a newly enacted statute has changed the method by which California courts determine a married couple’s “date of separation.” On July 25, 2016, the governor of California, Jerry Brown, signed SB 1255 (aka the “anti-Davis legislation”), a bill which amends California Family Code § […]
Traditionally, when multiple parties would claim to be a child’s parent, a court could only recognize two of those claims. However, family matters are rarely so simple, and a recent California case has reaffirmed what subsection (c) of Family Code Section 7611 provides: “[i]n an appropriate action, a court may find that more than two […]
First, one of the biggest advantages of creating a living trust is avoiding probate court. Administering a will or trust through probate court takes time and money. A living trust is a great estate planning vehicle because it can keep the entire administration process court-free. When the settlor of the trust passes away, the terms […]
Divorce is always difficult—especially when children are involved. Consequently, there will never be a “one size fits all” approach to child custody. Traditional custody arrangements (sole, every other weekend, etc.) may work for some families, but others may benefit from an alternative schedule. Enter: bird’s nest custody. Bird’s nest custody is an alternative method of […]
A move to the Golden State has the potential to change the character of your property. Upon arrival in California, meeting with an experienced California estate planning attorney is a must! Generally, there are two kinds of property systems: community property and separate property. California is one of nine community property regimes in the United […]
When a child is born to a married couple, California law automatically establishes both spouses as the child’s parents. However, while nonmarital births peaked in the late 2000s, four out of every ten children are still born to unmarried women.* Additionally, nonmarital births are increasingly likely to occur in cohabiting unions. Yet, even when born […]
That familiar Hollywood story—a short marriage followed by an inevitable divorce—recently took a troubling turn when Amber Heard accused her husband, Johnny Depp, of spousal abuse. Detailing a series of domestic violence incidents, Heard asked a judge for and received a temporary domestic violence restraining order. While the criminal and civil implications of the Depp-Heard […]
In the wake of rock & roll legend Prince’s untimely death, a number of issues have arisen regarding his estate plan – or lack thereof. One of the biggest issues is that none of the charities that Prince donated to throughout his life will inherit from his approximately 150 million dollar estate. CNN Political Commentator, […]
In her memoir “Yes Please,” comedian Amy Poehler likened divorce to “spreading everything you care about on a blanket and then tossing the whole thing up in the air.” Undeniably, the end of a relationship is devastating for all involved, especially for the children of the relationship. Sometimes, parents separate with the best of intentions, […]