Divorce isn’t just an end to your relationship — it’s the separation of your lives completely and legally. As a California estate planning law firm, we frequently see the impact divorce has on valuable assets — and the challenges that arise if you don’t properly handle the transfer of assets during and following this separation. UNDERSTANDING THE AUTOMATIC TEMPORARY RESTRAINING ORDERS (ATRO) DURING A CALIFORNIA DIVORCE. California Family Code section 2040 imposes ATROs on both parties during a divorce. These orders become binding on the petitioner upon filing and on the respondent upon service of the summons. ATROs prevent certain actions, such as transferring or selling jointly-owned property, altering non-probate transfers, or making significant financial changes, unless both parties agree in writing or obtain a court order. ATROs specifically limit modifications to non-probate transfers for estate planning purposes, like revocable trusts. While these restrictions prevent actions that could alter property distribution, they allow for flexibility. The key purpose of these restrictions is to maintain fairness and transparency while ensuring that no assets are improperly transferred or disposed of without both parties’ knowledge. NON-PROBATE TRANSFERS OF ASSETS DURING THE PENDENCY OF DIVORCE. Non-probate transfers, such as trusts, are subject to specific rules during a California divorce. While you cannot transfer property into a trust during the proceedings without consent or court approval, you may be able to create an (almost) unfunded trust. An unfunded trust contains no or very little assets at the time of its creation, but it may serve as a placeholder for future transfers. These trusts are particularly useful if a pour-over provision in your will directs assets into the trust upon your death during the divorce. ATROs are temporary measures, meaning they can be modified or lifted with written consent from the other party or through a court order. PROTECT YOUR ESTATE AND YOUR ASSETS IN CALIFORNIA. Dahl Law Group works with California business owners, families, and individuals to protect their assets and ensure compliance with the relevant laws during transfers and transactions applicable to your estate. Contact our offices in Sacramento or San Diego today to discuss your estate planning needs and how we can help you protect what matters most during this critical time. Automatic Temporary Restraining Orders What Divorcing Couples Need to Know
Did You Know? Did you know that laughing literally burns calories? It’s true! Let’s look at a few fun(ny) facts surrounding humor and belly laughs. UNIVERSAL EXPRESSION Laughter is recognized by all cultures. Everyone, even babies, enjoys a good laugh. CARDIOVASCULAR BENEFITS Laughter can improve the function of blood vessels and increase blood flow, which can help protect against heart attacks and other cardiovascular problems.
CALORIC BURN
Laughing for 10 to 15 minutes a day can burn approximately 10 to 40 calories, which could add up to about three to four pounds lost over a year.
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