Cummins Jan Attorney At Law

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(650) 320-8010Visit WebsiteMap & Directions2600 El Camino RealPalo Alto, CA 94306 Write a Review

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Cummins Jan Attorney At Law

Premarital Agreement
If there is a significant difference in the level of wealth or responsibilities between the two who are marrying, or if both parties have children from former marriages, a freely entered legal contract clarifying their respective financial commitments can be important. Marital Agreements are commonly known as prenuptial agreements, but they can also be postnuptial agreements, and as such are very useful as part of an integrated Estate Plan. “Prenups” are marital agreements that are created prior to marriage, in contemplation of marriage. “Postnups” are marital agreements that are created after marriage. Marital agreements generally only involve property, but they are still important as part of a good foundation for any marriage.

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Email: Email Business
BBB Rating: A+
BBB Rating and Accreditation information may be delayed up to a week.
Location: Stanford Financial Sq
Other Link: http://www.jancummins.com
Category: Attorneys

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Details

Phone: (650) 320-8010

Address: 2600 El Camino Real, Palo Alto, CA 94306

Website: http://www.jancummins.com

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Cummins Jan Attorney At Law

Premarital Agreement
If there is a significant difference in the level of wealth or responsibilities between the two who are marrying, or if both parties have children from former marriages, a freely entered legal contract clarifying their respective financial commitments can be important. Marital Agreements are commonly known as prenuptial agreements, but they can also be postnuptial agreements, and as such are very useful as part of an integrated Estate Plan. “Prenups” are marital agreements that are created prior to marriage, in contemplation of marriage. “Postnups” are marital agreements that are created after marriage. Marital agreements generally only involve property, but they are still important as part of a good foundation for any marriage.
Guardianship
Typically during your 20’s or 30’s, when your first child is born and/or when you first purchase real property, usually your first home. The issues are guardianship of minor children and probate court protection.
Spousal Support
The main disadvantage of postnuptial marital agreements in the eyes of some is due to their doubtful enforceability in some aspects of the law, due to the strong public policy in favor of the sanctity and fiduciary nature of marriage. While a postnuptial agreement can have the same binding power on the parties in terms of property as a prenuptial agreement, some areas that infringe on spousal rights are enforceable in a prenuptial agreement, but probably not in a postnuptial agreement. Spousal support is a good example of such a right. This is because the heightened fiduciary requirements between spouses after marriage required by public policy make it necessary that all property or expectation of property, even separate property, owned by either of the parties must be fully disclosed to the other party, and neither party can negotiate away their right to be supported by the other in a consistent manner to the standard of living they have enjoyed together during marriage. The outcome of such a potential dispute is not certain, however. It is always according to the court’s discretion as to what is fair given the jointly available resources.

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Trusts and Estates

Estate Planning
Wills
The Health Care Directive (“HCD”) form available in many Senior Centers and at most hospitals refers primarily to your medical care in the hospital and issues surrounding organ donation that might affect what the hospital has a right to do. These HCDs usually do not include instructions for disposition of your remains, your memorial service, or any other instructions to your loved ones for carrying out your wishes after your death or for your care outside of the hospital during your lifetime. An attorney prepared HCD can address all of those concerns and more, and act as a useful guide for your family and friends to follow when you are not able to give instructions. Such a document can prevent or at least mitigate hard feelings, and even perhaps some family squabbles. This is why these documents are often called “Living Wills.”
Trusts
It is common for many of our clients to include in their estate plan a “Third Party” irrevocable trust to provide for the care of a person with disabilities who may need government benefits. Our office can also advise in regard to “First Party” Special Needs Trusts and assist with the administration of all Special Needs Trusts.
Power of Attorney
Everyone should create an estate plan on their 18th birthday, or very soon thereafter, if only for the disability documents. A simple Will is a good idea too. With the three essential documents, a Will, a Durable Power of Attorney for Property Management, and an Advance Health Care Directive, someone else can make sure that your wishes are carried out if you are unable to carry them out yourself.
Probate

Tax Law
While taxes are always an important consideration in estate planning, they are less so now for many families because the unified estate and gift tax exclusion has been permanently established at $5,000,000 per individual with portability to $10,000,000 for a surviving spouse. If your estate does not exceed these limits, estate tax issues will probably not be a concern for you.

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