Marital Agreements and Death of One Spouse

OCTOBER 17, 2011 VOLUME 18 NUMBER 36 John and Marsha, contemplating marriage, want to enter into an agreement spelling out what will happen to their separate and community property if they later divorce, or when one of them dies. Or perhaps John and Marsha have been married for years, but are contemplating separation and maybe…

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Principles of Self-Settled (“First Party”) Special Needs Trusts

First-party special needs trust

SEPTEMBER 26, 2011 VOLUME 18 NUMBER 34 There is so much confusion about the difference between “self-settled” and “third-party” special needs trusts, that we want to try to explain and simplify some of the key concepts. Here are some of the most common questions (and misunderstandings): What is the difference between “self-settled” and “third-party” special…

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