Law Office of Stephen W. Penn and Associates

October 2018 Archives

Important estate planning considerations amid divorce

As someone currently involved in a California divorce, it makes sense that you might let other matters fall to the wayside for a while, but your estate plan is one matter you do not want to ignore. In the unfortunate event that you should pass away or become incapacitated before your divorce finalizes and you have not updated your estate plan to reflect your recent transitions, the spouse you are divorcing may have control over your affairs. At the Law Office of Stephen W. Penn and Associates, we understand that you may have reason to update your estate plan when you go through a divorce. We have helped many clients facing similar circumstances make plans for the future that reflect the recent changes in their lives.

How many trust choices do I have?

If you are a reasonably well-to-do Californian who has already done some estate planning, you likely know that the types of trusts you can incorporate into your estate plan are almost limitless. Regardless of their specific type, however, all of them fall into the same two categories: revocable and irrevocable. You can alter any of the provisions of your revocable trusts, or even revoke them, any time you wish after originally establishing them. Once you establish an irrevocable trust, however, you cannot make any changes to it in the future.

I'm getting divorced: should I try to keep my house?

While going through a California divorce, it is important to keep a cool head and take stock of what possessions and assets you should try to salvage from the end of your marriage. You might want to hold on to your home, perhaps for sentimental value or just because you think you are more deserving of it than your ex. However, retaining your house might actually be counterproductive for a number of reasons.

Grandparents can have visitation rights too

As a parent in California, watching your child go through a divorce, no matter what their age, can be stressful and heartbreaking. This is especially true if there are custody issues. However, a divorce doesn't need to isolate you from your family. At the Law Office of Stephen W. Penn and Associates, we often represent clients who file for visitation rights to ensure they can maintain a relationship with their grandchildren.

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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