Law Office of Stephen W. Penn and Associates

September 2018 Archives

The differences between divorce and legal separation

Frequently here at the Law Office of Stephen W. Penn and Associates in California, our clients, although experiencing serious marital problems, are not yet prepared to seek a divorce for a variety of reasons. In such a situation, a legal separation may be the answer.

What can I put in my prenuptial agreement?

Planning for divorce while also planning your marriage might feel counterintuitive, but it is actually a very smart strategy. Divorce can be an emotionally complicated process, so splitting up your assets or dealing with other important issues may end up being more difficult than necessary. A prenuptial agreement can help you sort out these issues while you and your soon-to-be spouse are still on good terms. 

What is breach of fiduciary duty?

If you agreed to take on the responsibility of becoming someone's trustee or the executor of his or her California estate, you became a fiduciary whether you realized it or not. A fiduciary is one who holds and manages assets for the benefit of someone else, in this case, the grantor's beneficiaries or the testator's heirs. As fiduciary, you must put aside your own interests and work only for the benefit of the trust or estate, as well as its beneficiaries or heirs.

What is undue influence?

If your well-to-do California parent requires the services of a live-in caregiver due to age, illness, injury or infirmity, you likely feel relieved that (s)he can afford such care. On the other hand, however, you may have developed a nagging suspicion that this caregiver is exerting too much influence on and control over your vulnerable parent. You may even fear that (s)he might convince your parent to change his or her will.

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Century Office Plaza
16360 Monterey Road #120
Morgan Hill, CA 95037

Phone: 408-776-1525
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  • SCBA | Santa Clara County Bar Association | EST 1917
  • State Bar Of California | California Board Of Legal Specialization | Stephen W. Penn
  • Henry P. Collada Memorial Award 2012