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	Rafael Serrano		Sana F. Mashedy

2025 NEW HIRES

Rafael Serrano

Sana F. Mashedy

 

2025 FIRM NEWS & ACCOLADES

Firm of the Year – The Constitutional Rights Foundation of Orange County

Firm of the Year – The Orange County Korean American Bar Association

Pro Bono Publico Award from the Second Harvest Food Bank (Food From The Bar)

Title sponsor at the Orange County Asian American Bar Association Gala

Title Sponsor of the Food From The Bar Annual Campaign

Minyard Morris Tier 1 Best Law Firm for 2025 from Best Lawyers® 2025 “Best Law Firms” (top 2%)

Minyard Morris Peer Review Rating™ from Martindale-Hubbell®

2025 FIRM SPONSORSHIPS

Second Harvest Food Bank of Orange County (Food From The Bar)

Collaborative Courts Foundation – Orange County Bar Association

Orange County Women Lawyers Association

Orange County Hispanic Bar Association

Italian American Bar Association

Public Law Center

Project Youth Orange County

Orange County Asian American Bar Association

Anti-Defamation League (ADL)

Veterans Legal Institute

Filipino-American Lawyers of Orange County

Community Legal Aid SoCal

Orange County Korean American Bar Association

South Asian Bar Association of Orange County

Constitutional Rights Foundation of Orange County

2025 ATTORNEY NEWS

Mark E. Minyard, CFLS
Received Rockstar “Rangler” Award for outstanding campaign coordination from Food From The Bar – Second Harvest Food Bank
Named One of Top 25 Family Lawyers in the State of California by the Daily Journal in 2025
Named “Top 100 Lawyers” by Super Lawyers for 2025 in Southern California (out of over 100,000 lawyers)
Named “Top 50 Lawyers” by Super Lawyers in 2025 in Orange County (out of over 18,000 lawyers)
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)
Named Super Lawyers 2025-2026 (Top 5 %)
Attended and presented “Through the Looking Glass-Demystifying Complex Issues in Family Law, Private Equity, and Venture Firms” at the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
Listed 2025 Edition of the Chambers and Partners High-Met Worth Family Law
Named 500 Leading Family Lawyers by Lawdragon for 2025 (Top 1%)
Orange County Bar Association Masters Division Board of Directors
Orange County Bar Association Investment Committee
Orange County Bar Association Leadership Development Committee
Guest lectured at Chapman Law School
AV Preeminent Peer Reviewed for Highest Level of Professional Excellence by Martindale-Hubbell (Top 2% – 5%)

Michael A. Morris, CFLS
Named The Best Lawyers® 2025 Family Law “Lawyer of the Year” in Orange County
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)
Named “Top 50 Lawyers” by Super Lawyers in 2025 in Orange County (out of over 18,000 lawyers)
Named Super Lawyers 2025-2026 (Top 5 %)
American Academy of Matrimonial Lawyers SoCal Board of Directors
American Academy of Matrimonial Lawyers Membership and Long Range Planning Committee
Volunteered monthly Human Options Legal Clinic in San Juan Capistrano
Named 500 Leading Family Lawyers by Lawdragon for 2025 (Top 1%)
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
AV Preeminent Peer Reviewed for Highest Level of Professional Excellence by Martindale-Hubbell (Top 2% – 5%)

Janani S. Rana, CFLS
Co-founded the Orange County Chapter of the South Asian Bar Association
Inaugural President of the South Asian Bar Association of OC
Listed 2025 edition Best Lawyers: Ones to Watch® in America for family law in Orange County
Named Super Lawyers 2026 (Top 5 %)
Secretary for the Orange County Women Lawyers Association
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
AAML SoCal’s Annual Family Law Trial Basics Seminar instructor (1 of 4)
Volunteered in the Constitutional Rights Foundation of Orange County 2025-2026 Mock Trial
Attended the Cal-APABA President’s Summit
AV Preeminent Peer Reviewed and Client Reviewed

Jonathan T. Little, CFLS
Listed 2025 edition of Best Lawyers in America® for family law in Orange County
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
Community Legal Aid SoCal Board of Directors
Volunteered in the Constitutional Rights Foundation of Orange County ‘s 2024-2025 California Mock Trial

Scott M. Savage, CFLS
Achieved the designation of Certified Family Law Specialist by the State Bar of California
Listed 2025 edition Best Lawyers: Ones to Watch® in America for family law in Orange County
Listed “Rising Stars” by Super Lawyers 2025-2026
Secretary for the Associate Board for the Constitutional Rights Foundation of OC 2025
Chair Elect of Associate Board of the Constitutional Right Foundation of OC 2026
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
Coordinated and volunteered in the Constitutional Rights Foundation of Orange County 2024-2025-2026 Mock Trial

Michelle L. Ralph, CFLS
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)

Lonnie K. Seide, CFLS
Named The Best Lawyers® “Lawyer of the Year” in Orange County in the 2026 edition
Named “Top 50 Lawyers” by Super Lawyers in 2025 in Orange County (out of over 18,000 lawyers)
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)
Named Super Lawyers 2025-2026 (Top 5 %)
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
American Academy of Matrimonial Lawyers Membership Committee
AV Preeminent Peer Reviewed for Highest Level of Professional Excellence by Martindale-Hubbell (Top 2% – 5%)

Matthew S. Buttacavoli, CFLS
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)
Named Super Lawyers 2025-2026 (Top 5 %)
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
Coordinated and volunteered in the Constitutional Rights Foundation of Orange County ‘s 2024-2025-2026 California Mock Trial
Installed as Director on the Board of Directors for the Constitutional Rights Foundation of Orange County Co-Chairs Law Day Committee (2025-2026)
AV Peer Reviewed and Platinum Client Champion by Martindale– Hubbell

Alexander C. Payne, CFLS
Orange County Bar Association’s Board of Directors for 2025-2026
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)
Listed 2025 “Rising Stars” by Super Lawyers
Named Super Lawyers 2026 (Top 5 %)
Public Law Center’s Board of Directors
President for the Orange County Asian American Bar Association
Board of Directors for the OC Korean American Bar Association’s Foundation
Secretary for Project Youth Orange County Bar Foundations
Presented “Unveiling the Invisible: Rates of Return for Support Purposes” at the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
Volunteered in the Constitutional Rights Foundation of Orange County 2025-2026 Mock Trial
Attended the Cal-APABA President’s Summit
AV Preeminent Peer Reviewed for Highest Level of Professional Excellence by Martindale-Hubbell (Top 2% – 5%)

Aditi Murillo, CFLS
Achieved the designation of Certified Family Law Specialist by the State Board of California
Listed 2025 edition Best Lawyers: Ones to Watch® in America for family law in Orange County
Listed 2025 “Rising Stars” by Super Lawyers
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
Project Youth OC Associate Board
Board of Directors for the South Asian Bar Association of Orange County
Volunteered in the Constitutional Rights Foundation of Orange County 2025-2026 Mock Trial

John P. Murillo, CFLS
Achieved the designation of Certified Family Law Specialist by the State Board of California
Listed 2025 edition Best Lawyers: Ones to Watch® in America for family law in Orange County
Listed “Rising Stars” by Super Lawyers 2025-2026
Attended the AAML Southern California Chapter’s 33rd Annual Institute of Trial Advocacy
Attended The National Family Law Trial Institute in Texas and achieved Super Graduate status
Project Youth of Orange County’s Associate Board

Jan C. Morimoto-Gee
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)

Jennifer Corona
Listed Vice President of the Orange County Hispanic Bar Association 2026
Listed 2025 edition Best Lawyers: Ones to Watch® in America for family law in Orange County
Listed “Rising Stars” by Super Lawyers 2025-2026
Attended the AAML SoCal’s Annual Family Law Trial Seminar
Secretary of the Orange County Hispanic Bar Association 2025
Deputy Governor for Region 18 (Southern California) for the Hispanic National Bar Association
Panel Moderator at the California Latino Bench-Bar Leadership Summit
Moderated the Equity in Action: Legal Aid Leaders on the Frontlines through the Hispanic National Bar Association
Volunteered in the Constitutional Rights Foundation of Orange County 2025-2026 Mock Trial

Helen Cayton
Included in the 2025 edition of Best Lawyers in America® for family law in Orange County (Top 5%)

Denise H. Koeller
Listed 2025 edition Best Lawyers: Ones to Watch® in America for family law in Orange County
Listed “Rising Stars” by Super Lawyers 2025-2026
Orange County Asian American Bar Association Board of Directors
Social Committee for the Orange County Asian American Bar Association
Attended The National Family Law Trial Institute in Texas

Deborah Song
Listed “Rising Stars” by Super Lawyers 2026
Treasurer of the Orange County Korean American Bar Association
Attended the AAML SoCal’s Annual Family Law Trial Seminar
Attended the Cal-APABA President’s Summit

Vicky Zuberi
Listed 2025 edition Best Lawyers: Ones to Watch® in America for family law in Orange County
Attended The National Family Law Trial Institute in Texas

Sana F. Mashedy
Volunteered in the Constitutional Rights Foundation of Orange County 2025-2026 Mock Trial

Rafael A. Serrano
Board of Director for the Orange County Hispanic Bar Association in 2026
Attended the AAML SoCal’s Annual Family Law Trial Seminar
Volunteered in the Constitutional Rights Foundation of Orange County 2025-2026 Mock Trial
Attended The National Family Law Trial Institute in Texas

New Year’s Resolution #1:

Now’s the time
to get your
“Comprehensive Estate Plan” done!

A New Year often brings with it the resolve to finally get to those things you’ve put off or been neglecting.  Is an Estate Plan one of them?

It may seem daunting, but with the help of an experienced estate planning legal team, you can finally get your “estate plan house” in order.

Here are answers to common questions from clients about a comprehensive estate plan:

Q. What are the key elements of a sound estate plan?

A. The key components of an estate plan include wills, will substitutes, trusts, powers of attorney, medical directives, and tax considerations.

Generally speaking, the most important component of all estate plans is the basic last will and testament. Essentially, it outlines what to do with your possessions, whether leave them to another person, a group or donate them to charity, as well as what happens to other things that they are responsible for, such as custody of dependents and management of accounts and financial interests.

In many cases, a living trust is a preferable replacement for the last will and testament, the essence of which is to make it a lot cheaper, more private and easier for your family to distribute your wealth when you pass away (this is done through bypassing probate, the state court process).

It only takes one small mistake or even an ounce of ambiguity, and your estate could end up in the wrong hands or get wrung through probate court.  An experienced estate planning attorney helps to avoid these pitfalls.

Another key element is an advanced medical directive.  In a world where we’re all living longer, the longer we live, the more likely it is that we’re going to need someone to help care for us.  The advanced medical directive names the person that you want to make health care decisions for you if you can’t make them yourself.

Q. What can make estate planning more complicated?

A.  A simple will may be sufficient given certain parameters (age, assets, no children from previous marriages, etc.).  However, just as society has become more complex, estate planning is increasingly a complex process.  As to what makes an estate plan complicated or not, the list is driven by the specifics of each client’s unique situation and what needs to be accomplished. Without covering the gamut of estate planning, here are several items to consider:

Heirs:

• How do you want to divide your assets among your heirs?
• Do you have heirs that have dependency/addiction problems?
• Would you like to do gifting while still alive?

Business and Investments:

• Do you have business ownership interests? Are any of these partnerships or other form of co-ownership?
• Do you own rental properties or vacation homes?
• Do you have sizable wealth that you seek to transfer from generation to generation?
• Do you have foreign assets?

Minors and Grandkids:

• Do you have minor children? Who will be their guardians?
• Do you want to establish a Special Needs Trusts for a child with a disability?
• Do you wish to set up a trust so that your children receive a certain sum of money at a particular age?
• Do you wish to take care of your grandchildren through your estate?

Divorce and Blended Families;

• Are you a blended family, with ex-spouses and step-children, plus any children or grandchildren from the current marriage?
• Are you concerned about potential divorce of any heirs and the impact of inherited property?

Taxation:

• Do you want to account for tax considerations when dividing assets?
• Do you have enough assets so that estate taxes will apply?

Other Key Issues:

• How will you account for death or change in circumstances of those named as executor under a will, guardians, trustees under a trust, and agents under powers of attorney?
• How will your debts be covered?
• Are you planning on moving out of state?
• Is your life insurance a standard policy or complicated?

As might be expected, the answers to these questions can sometimes be very straightforward – and in other instances, very intricate.

Specialized Estate Planning Expertise

At Mortensen & Reinheimer, PC we have the experience and dedication to craft a personalized, creative estate plan with you.  If you need an expert in developing an estate plan, please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form. Our website is http://www.ocestateplanning.net.

About the author:
Tamsen R. Reinheimer, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). She has significant experience in all aspects of estate planning, trust administration, and probate. Contact Tamsen at tamsen@ocestateplanning.net.

Considering breast reconstructive surgery? Discover if Resensation® nerve repair surgery is right for you.

Having a mastectomy creates an immediate, noticeable impact on your life, both physically and emotionally. A significant impact is the loss of sensation to the chest area. During a mastectomy, the breast tissue is removed, cutting the nerves that supply feeling to the breast and nipple. When nerves are severed, nerve signals are disrupted. This can leave the breasts with a total or near-total loss of sensation.

Dr. Zeineh performs the proven surgical nerve repair technique, Resensation®, that can help women not only look, but potentially feel more like themselves again after a mastectomy.

Click here to see the introductory Resensation® video.

Why choose Resensation®?“

Resensation® is a surgical technique performed during breast reconstruction that allows surgeons to reconnect nerves cut during a mastectomy using allograft nerve tissue.

Over time, the nerve fibers regenerate, becoming a part of the woman’s own body. As the nerve fibers grow, they have the potential to gradually restore sensation to the breasts.

Are You a Candidate for Resensation®?“

You may be a candidate for breast nerve repair surgery with Resensation® if you are considering or undergoing breast reconstruction surgery after a mastectomy.

Each breast reconstruction journey is unique. Connecting with a plastic surgeon specializing in Resensation® can help you determine timing and candidacy based on your desires, medical condition and cancer treatment.

How to proceed 

If you have patients who are interested in these procedures, please have them call our office at 657-722-1400 to schedule a consultation with Dr. Zeineh.  Your referrals are always appreciated.

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About Linda L. Zeineh, M.D., FACS

Dr. Zeineh is an active member of the American Society of Plastic Surgeons and the American Society for Aesthetic Plastic Surgery. She combines over 20 years of experience with cosmetic and reconstructive surgery in private practice with new technology and techniques in the care of her patients. Her first priority is the satisfaction and well-being of her patients, providing compassionate and personalized care.

A complete range of non-surgical and minimally invasive rejuvenation procedures are personally performed by Dr. Zeineh on her patients to achieve and maintain a youthful, refreshed, and natural appearance, including facial injections, skin tightening and facial/body contouring. Surgical procedures that Dr. Zeineh performs include: facial rejuvenation, body contouring, reconstructive and cosmetic breast surgery, and reconstructive surgery.

Considering breast reconstructive surgery? Discover if Resensation® nerve repair surgery is right for you.

Having a mastectomy creates an immediate, noticeable impact on your life, both physically and emotionally. A significant impact is the loss of sensation to the chest area. During a mastectomy, the breast tissue is removed, cutting the nerves that supply feeling to the breast and nipple. When nerves are severed, nerve signals are disrupted. This can leave the breasts with a total or near-total loss of sensation.

Dr. Zeineh performs the proven surgical nerve repair technique, Resensation®, that can help women not only look, but potentially feel more like themselves again after a mastectomy.

Click here to see the introductory Resensation® video.

Why choose Resensation®?“

Resensation® is a surgical technique performed during breast reconstruction that allows surgeons to reconnect nerves cut during a mastectomy using allograft nerve tissue.

Over time, the nerve fibers regenerate, becoming a part of the woman’s own body. As the nerve fibers grow, they have the potential to gradually restore sensation to the breasts.

Are You a Candidate for Resensation®?“

You may be a candidate for breast nerve repair surgery with Resensation® if you are considering or undergoing breast reconstruction surgery after a mastectomy.

Each breast reconstruction journey is unique. Connecting with a plastic surgeon specializing in Resensation® can help you determine timing and candidacy based on your desires, medical condition and cancer treatment.

How to proceed 

We invite you to schedule a consultation to discuss the best options for your personal goals.

---

 

About Linda L. Zeineh, M.D., FACS

Dr. Zeineh is an active member of the American Society of Plastic Surgeons and the American Society for Aesthetic Plastic Surgery. She combines over 20 years of experience with cosmetic and reconstructive surgery in private practice with new technology and techniques in the care of her patients. Her first priority is the satisfaction and well-being of her patients, providing compassionate and personalized care.

A complete range of non-surgical and minimally invasive rejuvenation procedures are personally performed by Dr. Zeineh on her patients to achieve and maintain a youthful, refreshed, and natural appearance, including facial injections, skin tightening and facial/body contouring. Surgical procedures that Dr. Zeineh performs include: facial rejuvenation, body contouring, reconstructive and cosmetic breast surgery, and reconstructive surgery.

Holiday Greetings!

As we turn the page on another successful year, Mortensen & Reinheimer, PC would like to extend our best wishes and greetings for a happy holiday season, as well as peace and prosperity in the New Year!

Also, a special thank you to all of our clients for your patronage during 2025.  We greatly appreciate your business and confidence in us.

Need Help?

We are always available to serve you with your estate planning, conservatorships and probate & litigation requirements.  Please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form.  Our website is http://www.ocestateplanning.net.

Estate Plan Checkup: The Annual Review

What has changed for you this year?

A common question we hear from clients is “How often should I review my estate plan?”   Many people review their estate plan on an annual basis, just to keep up with a busy life and changes in their family.  This is the ideal approach for many trustees.  At a minimum, we’d suggest reviewing your estate plan at least every three to five years, in order to ensure that any major changes in your personal and financial situation are reflected in your will.

Here are some of the life changes that indicate an estate plan review and meeting with your estate planning attorney are in order:

• Significant increase/decrease in net worth, including inheritances
• Major changes in real estate holdings, such as personal residence, vacation property, or rental properties
• Significant alterations in investment portfolio allocations
• New assets that need proper titling
• New businesses, partnerships or major changes in profitability
• Asset protection concerns
• Changes in your final wishes
• Rapidly diminishing personal health
• Retirement of yourself or spouse
• Change in Advance Health Care Directive wishes
• Selection of new charitable organizations
• The birth or adoption of a child or grandchild
• Marriage or divorce, for yourself or beneficiaries
• Death of a spouse or another family member
• Death or change in circumstances of the those named as executor under a will, guardians, trustees under a trust, and agents under powers of attorney
• Change in state of residence

End-of-Year Estate Planning Checklist

In addition to changes in your life, there are various documents and strategies that should be reviewed annually, including:

• Consider all of the items from the above list, as to recent changes.
• Consider revisions made necessary by recently enacted tax laws. Also, prepare for new tax laws in the coming year.
• Review insurance policies.
• Review and inventory your list of assets for tax and insurance purposes.
• Review your beneficiary designations for 401K accounts, life insurance policies, etc., and make sure they are current and have the correct contact information.
• Review the succession plan for your family-owned business.
• Provide gifts as desired up to the annual gift tax exclusion.
• Confirm that you are taking the required minimum distribution amounts from retirement accounts and other taxable income sources.

We hope you have a wonderful Thanksgiving filled with gratitude, happiness, and delicious moments with your loved ones. Thank you for being our valued client. Happy Thanksgiving!

Specialized Estate Planning Expertise

Taking the time and effort to create an estate plan is one of the most thoughtful steps you can take for your family and loved ones. At Mortensen & Reinheimer, PC we have decades of experience in helping clients to navigate through myriad issues in estate planning.  If you need legal expertise in addressing your specific estate planning needs, please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form. Our website is http://www.ocestateplanning.net.

About the author:
Tamsen R. Reinheimer, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). She has significant experience in all aspects of estate planning, trust administration, and probate. Contact Tamsen at tamsen@ocestateplanning.net.

The “Scary” Facts About Probate in California

You may know that the probate process can be time consuming and costly – you might even find it scary!  While probate is a complex area of the law, we’d like to help demystify it and clarify a few facts for you.

The Probate Process in California

Probate is the process of dealing with a deceased person’s estate, which generally means clearing their debts and distributing their assets.  After a person dies, unless they have a trust or transfer-on-death planning in place, the person’s estate will have to go through “Probate” in the Probate Court. The person in charge of the Trust or Probate estate (i.e., trustee, executor, administrator) is called a “fiduciary.”

Probate determines who the decedent’s rightful heirs are, whether by Will (in cases where the decedent has a Will) or the heirs-at-law (in cases where there is no Will). The Probate process generally takes about a year or more to complete. If you need to go to court, this is commonly called “going through probate.” In order for a party to start the probate process, they must file a petition along with other paperwork with the court.

Key Problems with Probate

• Cost: The probate process can be expensive, both in terms of court fees and probate attorney fees.
• Privacy: In probate, all personal information such as the identity of the executor and beneficiaries, and the decedent’s liabilities and assets, become open for public viewing as probate is a proceeding in state court. Anyone could access your personal and private information by accessing information at the local clerk’s office, or in some states, by a quick search online. For those who wish to keep personal information private, avoiding probate is the answer.
• Time to settle: In probate, all decisions regarding the deceased’s affairs must be approved by a judge, which often takes long periods of time. In California, this can generally take anywhere between nine months and two years.
• Lack of access to cash: When you file probate, beneficiaries will not receive the assets until the case is closed. In the meantime, bills for funerals, taxes, utilities, storage, and all other fees tied to the loved one’s passing must be paid. By avoiding probate, you will completely remove an entire category of expenses and avoid additional complexity in settling your loved one’s affairs.

Does an Entire Estate Always Have to Go Through Probate?

There are several situations where probate may be unnecessary. It is possible to avoid the probate process in California, most effectively accomplished by placing all your assets into a living trust. This is one of the key benefits of a living trust, along with greater control, saving money, privacy protection, contingency planning for incapacitation, and overall peace of mind.

In California, if the total value of an estate (personal and real property) is less than $208,250 (for deaths on or after April 1, 2025), the estate does not have to go through probate. Also, assets that are jointly owned will automatically transfer to the surviving owner and not go through probate. If real estate is held as community property, it generally does not have to go through probate. Additionally, a financial asset that names a beneficiary (e.g., bank or brokerage account) will also avoid probate if documented properly.

What if the Estate is Already in Probate?

At Mortensen & Reinheimer, PC, we can help with the probate process and, if necessary, probate and trust litigation. Our professional corporation has more than five decades of combined experience in the area of probate. We can handle anything from paying the outstanding debts of an estate to litigation for the fair distribution of a decedent’s property. Our probate attorneys have the insight, passion, and integrity to protect your rights at every step of the probate process.

Planning Your Estate Doesn’t Have to be Scary

If you need an estate plan and wish to avoid probate, please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form. Our website is http://www.ocestateplanning.net.

About the author:
Tamsen R. Reinheimer, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). She has significant experience in all aspects of estate planning, trust administration, and probate. Contact Tamsen at tamsen@ocestateplanning.net.

Offspring Divorce? Strategies to Protect Your Child’s Inheritance

An often-unspoken issue in estate planning is how to handle a potential divorce for your children.  Since divorce is unfortunately a reality in almost half of marriages, it is wise to consider how to keep your child’s future spouse from inheriting what you intend to leave your child.

Typical Scenarios

Why would you need to consider protection for your child’s inheritance in case of a divorce?  The reasons vary greatly, including:

• Disapproval and/or distrust in your in-law
• Concerns about your child and their choices (such as a previous divorce)
• Your child has current marital problems
• Your children are newly married couples and/or young adults
• Awareness of the high divorce rate
• Assuring that your child has enough assets to survive and thrive
• If your child dies in the short-term, your in-law may remarry and use your assets (especially a concern if there aren’t grandchildren)
• Your child doesn’t have an estate plan

Don’t feel bad or embarrassed about it – you’re trying to do what is best for your child and your hard-earned assets.

Initial Steps to Consider

There are a few steps that you can do which don’t guarantee protection but are generally helpful, such as:

• Make certain that your will and trust are up-to-date and reflect your desires.  This would include providing written instructions on how to use the money and assets.
• Discuss your wishes in advance at a family meeting.
• Recommend a pre-nuptial agreement for your child.
• Advise your child to keep inherited funds in a separate account, not to be used for family support or any comingling (note: in practice, this is difficult to achieve).
• If your kid dies prematurely, the trust assets may, by default, be inherited by their spouse – unless you have planned for this possibility. Help your child to set-up an estate plan, so that your assets will be distributed properly in the event of your child’s death.  Also, consider choosing a contingent beneficiary (such as another child/sibling, grandchild, charity, etc.) if your child hasn’t fully received their inheritance at the time of their demise.

Trust Management

So, what can you do to best protect your child’s inheritance against potential divorce?  In general, it is preferable to establish a trust, which will specify your wishes.   Below are some options (note: there are limitations and pros/cons to each structure, so seek legal counsel for your particular circumstances):

• Name your child as both the beneficiary and trustee of the trust. While this may seem optimal, there are definite concerns and limitations; improper management can lead to negating the trust in the court’s view.
• Select a co-trustee for your child. This must be handled very carefully, so as to avoid comingling of spousal assets and other management errors.  There are several types of trustee responsibilities and obligations to consider, such as investment trustee and handling distributions to your child.  A benefit is that in the event of a divorce or creditor issues, your child can resign as trustee, leaving the other trustee with sole discretion.
• Naming a third-party trustee. A professional trustee, vs. a family friend, is often recommended because of the importance of complying with laws that protect the trust and avoid making it subject to division.  While there is typically a trust management fee, this structure should result in proper distribution of trust assets.  If the third-party trustee is carefully selected and does his/her job, this sole discretion over trust fund distributions affords maximum protection against asset commingling (although it obviously means limited flexibility over how children can spend their inheritance).

Specialized Estate Planning Expertise

This is a complex area of law, so it is important to consult an experienced estate planning attorney in order to ensure that even if your child’s marriage does not last, your assets will be protected and your wishes will be honored.  Further, this is another reason to periodically review your existing estate plan to modify it as necessary, as your family’s circumstances change.

Mortensen & Reinheimer, PC understands and can help you.  If you need legal expertise in addressing your specific estate planning needs, please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form. Our website is http://www.ocestateplanning.net.

About the author:
Tamsen R. Reinheimer, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). She has significant experience in all aspects of estate planning, trust administration, and probate. Contact Tamsen at tamsen@ocestateplanning.net.