Absolute Trust Talk

135: Character Matters Part 2: Estate Planning for Community Property vs. Separate Property


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If you missed the first episode of our "Character Matters" mini-series, we discussed the differences between Community and Separate Property and why the "character" of your assets matters in estate planning. As a quick recap: Separate Property includes assets owned before marriage or received as gifts or inheritances during marriage, while Community Property consists of assets acquired during the marriage.

Now, as we start Part Two, we're delving into the deeper details of property types and how specifically to estate plan for each of them. Join us as we explore important topics such as whether you should consider a pre- or postnuptial agreement, what to consider when signing one, and how the process works. Whether you're single, married, or even remarried, this episode is a treasure trove of valuable information, so don't miss out!

Time-stamped Show Notes:

0:00 Introduction

0:45 We're getting straight to the point: Character matters when estate planning because you can't give away what's not yours. Sounds simple, right?

2:55 If you're interested in estate planning for your second marriage, you'll want to listen to this portion as we discuss how the type of asset affects what you can do with it.

4:01 Even though you can't personally choose whether an asset is legally considered Community or Separate Property, you can change its character. Here's how.

5:39 Is a prenuptial agreement right for you? Here's an example of when you might want to consider one and what you can include.

6:41 Postnuptial agreements can also be an option if you're already married. If you're doing your estate planning with us, we'll work with a family law attorney who can help navigate the process.

Take the Next Step in Your Estate Planning Journey

If this episode resonated with you, we'd love to help you with your own estate planning needs in California. Schedule a complimentary discovery call with our team at Absolute Trust Counsel. During this no-obligation conversation, we'll:

  1. Learn about your unique situation and goals
  2. Answer questions about our services
  3. Determine if we're the right fit to work together

Visit https://absolutetrustcounsel.com/scheduling/ or call 925-943-2740 to schedule your free discovery call today.

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Episode Credits: The Absolute Trust Talk podcast is brought to you with the help of Q2Mark, led by Chief Marketing Officer Susie Hays. Since 2016, Q2Mark has partnered with Absolute Trust Counsel on all marketing communications—from brand development and website design to this podcast series with over 192 episodes, social media management, video production, and more. If you're business owner looking for comprehensive marketing support, visit Q2Mark.com.

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Absolute Trust TalkBy Kirsten Howe: Attorney and podcaster

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