Lieber & Galperin
Los Angeles Civil Litigation
Law Firm

1801 Century Park East, 24th Floor

Los Angeles

California

90067

(424) 325-6388

info@liebergalperin.com

Divorce & Family Law

When changes in personal circumstances occur, whether because a marriage is ending or because a family situation is altered, quality legal help is essential. Navigating the difficulties of legal issues while dealing with personal problems of divorce or death only make those issues more burdensome. Our experienced litigators can assist you with these changing circumstances, from the beginning of the process until the final judgement.

Numerous problems arise when life circumstances change, whether they are with or without intent. These types of problems include:

  • Prenuptial agreements;
  • Postnuptial agreements;
  • Characterization of assets into various categories and transmutation;
  • Transfers of assets and other estate planning techniques not permitted during divorce or dissolution;
  • Distribution of estates and savings;
  • Retirement benefits and other types of deferred compensation;
  • Trust creation and administration;
  • Trust revocation;

Despite what is regularly believed, an agreement after a marriage becomes official is still possible, even if no prenuptial agreement was executed. Postnuptial agreements can have the same force and effect as a prenuptial agreement and can be executed anytime. Both prenuptial and postnuptial agreements have similar requirements: that the contract be in writing (verbal agreements are not valid here), the contract must be singed by both parties, the contract must be fair and be free of undue influence (both sides must have the opportunity to consult with an independent attorney). Finally, there must be full disclosure regarding assets and liabilities of both parties to make this type of contract valid and enforceable if litigation is necessary. Common contractual issues include:

  • Fiduciary duties and changes in roles of parties;
  • Severing joint tenancy and tenancy in common;
  • Disinheriting family members of spouses;

Often, major changes to familial relationships also involve corresponding changes in testamentary intentions. These types of situations are sometimes vulnerable to undue influence by a family member or new spouse or significant other (undue influence is influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences).

  • Death or incapacity during dissolution proceedings;
  • Probate and incapacity of the parties.

Our attorneys can assist with any of these complicated family law and estate planning issues. Call us for a free consultation (424) 325-6388 to discuss your options.