Category: Family Law

Subscribe to Family Law RSS Feed

Marvin Claims Between Unmarried Partners Will Abound in Post-Marriage California – A Conversation with Jeffrey Makoff

On November 20, 2019, California attorney Jeffrey T. Makoff presented to the Sacramento Estate Planning Council on the topic: “Welcome to the Post-Marriage World: How to Plan for a Generation That Says ‘I Don’t.’” Jeff started with evidence that marriage rates have declined sharply from the Silent Generation (those born from the mid-1920s to the … Continue Reading

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

(Editor’s Note: The Court of Appeal granted rehearing on December 2, 2019 and later depublished the portion of its opinion discussed below such that it is no longer citable authority in California courts.) It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  … Continue Reading

Are California Trusts that Favor Spouses Presumptively Invalid?

(Editor’s Note: The post below was published on November 21, 2016.  California law as to undue influence presumptions between spouses changed on January 1, 2020, due to Assembly Bill 327, discussed in a subsequent post.) When Wife works with her Sacramento estate planning lawyer to favor her Husband over her children from a prior marriage … Continue Reading
LexBlog