San Jose Pre And Postnuptial Agreements: How They Protect Inheritance Rights In California

Some residents of San Jose come from wealthy families and are in line to inherit large sums of money, property, or other assets. Protecting financial legacies and family heirlooms is something that should not be overlooked, practically if you plan to marry.

Our San Jose prenuptial agreement lawyer drafts the legal documents needed to protect inheritance rights in the event of a divorce. But what if you are already married and are about to receive an inheritance? Find out how a postnuptial agreement in San Jose can help preserve your family legacy for years to come.

How a San Jose Prenuptial Agreement Protects Inheritance Rights in California

California is a community property state. This means that under the California Civil Code, property and assets acquired during marriage are considered joint property and subject to division in a San Jose divorce. While an inheritance is typically classified separately, it can become commingled without the proper legal protections.

If you are getting married and are due to inherit or have a trust fund, a prenuptial agreement is vital. Important provisions include:

• Clearly define inherited assets as separate property and remain with the original beneficiary;
• Specify how income generated from inherited rental properties or investment returns gets handled to avoid disputes;
• Protect business interests, ensuring that inherited family businesses or partnerships remain within the original family’
• Provide provisions for estate planning and distribution of assets in the event of death or divorce.

In addition to protecting against loss of family property and assets in the event of a future divorce, creating a prenuptial agreement in San Jose provides other benefits. It encourages open communication, clarifies attitudes towards money and expectations regarding lifestyles, preventing arguments that could negatively impact your marriage.

What If You Are Already Married? Protecting Family Wealth With a Postnuptial Agreement In San Jose

If you are already married, consider putting a postnuptial agreement in San Jose in place. It acts similarly to a prenup, but is created after you say, “I do.” Ways it can help protect inherited wealth include:

• Identifies all inherited assets as separate marital property and documents their value;
• Prevents commingling of inherited funds in joint marital accounts, which can make them subject to division in a San Jose divorce;
• Protects children from prior marriages, ensuring they receive their fair share of inherited assets in the event of your death;
• Helps preserve family money, businesses, and property, including homes, artwork, and antiques, protecting it for future generations.

To Protect Your Inheritance Rights, Consult Our Experienced San Jose Divorce Pre and Postnuptial Agreement Lawyer

As California is a community property state, preserving family wealth and inherited property and assets is a top priority, whether you are just getting married or contemplating a divorce in San Jose.

At Argyris Mah, LLP, we guide clients in creating pre and postnuptial agreements that protect their inheritance rights. To discuss your options, give us a call or contact our office online today and schedule a consultation with our experienced San Jose pre and postnuptial agreement lawyer.

Sources:

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4&title=&part=5&chapter=2&article

courts.ca.gov/selfhelp.htm