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(Whenever I Get Pop Culture Inspired) Newsletter by the Law Offices of Odelia Goldberg

A Spoiler Alert of a Newsletter

 

And....we're back!

You may not have noticed because we’re such a well oiled machine over here, but I was out of the office for 8 whole days!  If you want to know more about my trip to the sacred valley of Peru, hit me up!


Of course, I missed you like crazy and I’m so happy to back at it.  But taking a yearly vacation isn’t the only exciting thing going on around here, we're also frantically working on your estate plans, real estate closings and uncontested probates.   Back at it for ya!


Feel Good y'all!


Best regards,

Odelia

What Can We Learn From Taylor Swift and Travis Kelce?

Taylor and Travis got married recently and this is about as close as we’ll get to a royal wedding in the US LOL.  Given their independent wealth and business interests, it makes sense that they executed a prenuptial agreement and updated their estate plans accordingly.


So, what can we learn from this pop royalty pair?


We can talk all about estate planning tools to support marital agreements. 


Not only should a prenup (and postnup) be referenced in the last will and/or trust, but the estate plan itself should support the intentions of the martial agreement. For example, in some instances, intellectual property, investments, or business interests are placed in carefully structured trusts or entities prior to marriage.  When properly planned, those entities may protect the assets and their future growth as non-marital property. A prenup could then provide an additional layer of protection by addressing the income and distributions those trusts or entities produce.


The “belt and suspenders” approach is where the trusts and entities provide one level of protection, while the prenup provides another layer.  With so much at stake and changing laws, relying on multiple coordinated planning strategies is often the best protection.


So, there you go. We learn that a prenup is not only a plan for divorce. It’s also utilized to facilitate transparent communication, thoughtful financial planning, asset protection, and even estate planning. We also learn that the family attorney and estate planning attorney may need to speak with each other to ensure spousal protection. 

 

Other Stuff I Want to Tell You

 
 

What matters?

Your will isn't the only document that matters. Retirement accounts, life insurance, transfer-on-death accounts, and payable-on-death accounts generally pass according to their beneficiary designations, not your will or trust. After a marriage, those designations should be reviewed to make sure they still reflect your intentions and are consistent with any prenuptial agreement.

 

Why do I dislike (hate is a strong word) marriage?

Marriage changes your legal rights. In Florida, a surviving spouse has significant rights, including elective share rights, homestead rights, family allowance, exempt property, and other statutory protections. A prenup can waive many of those rights, but only if it's properly drafted. That's why getting married should always trigger a review of your estate plan, beneficiary designations, and asset ownership.

 
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