San Francisco Assets Within Trusts Attorney

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The purpose of a trust is to hold assets outside of one’s estate. In divorce, assets held in a trust must be characterized as belonging to the couple (community property) or to one of the spouses (separate property). That characterization can have significant divorce implications, with regard to property division and spousal support.Schoenberg Family Law Group, P.C., handles high net worth divorces throughout the Bay Area, including the disposition of trust assets within property settlements. We successfully protect family trust wealth and trust funds on our clients’ behalf. On the other side of the issue, we also empower clients to “break” trusts that were improperly used to avoid community property obligations.

Family Trusts And Trust Funds In Division Of Property

Many couples create revocable living trusts (i.e., family trusts) during marriage, to manage their wealth and arrange for bequests to their heirs or a charity. In divorce, such a trust is presumably community property to be divided in half, unless one spouse can present a convincing argument that it should be characterized as separate property.

On the other hand, there is a presumption of separate property when a spouse is the beneficiary of a trust fund, when the spouse owns assets in a family trust from a previous marriage, or when a prenuptial agreement declares trust assets to be separate. However, these are rebuttable presumptions, and our experienced attorneys can assess the strength of the California law presumption against any given asset.

Even when trust assets are deemed separate property, the spouse may be entitled to a community property share of the appreciation in value during the length of the marriage, even if the trust is the subject of a premarital or postmarital agreement. Our lawyers can address these issues, as well as tax implications of trust assets, transmutation of trust assets, and other claims and disputes that may alter the property settlement.

“Debra and her team were always very respectful and mindful of my financial situation and handled my divorce in a cost-effective and caring manner. Debra and [her associate] did everything possible, and succeeded in fostering an uncontentious, amicable environment at the least possible expense, while absolutely protecting my interests.”

— A.G. (We invite you to see more client testimonials.)

Proper Consideration Of Trusts

Schoenberg Family Law Group, P.C., concentrates exclusively on family law. We are committed to protecting your properly preserved trust assets, or securing your fair share of marital assets tied up in a family trust.

To speak with our San Francisco divorce lawyers about assets in trust, contact us online or call us at 415.834.1120.

Our Awards and Memberships

Schoenberg Family Law Group, P.C., recognizes that family law matters involve complex, sensitive issues that can have a lasting impact on you, your family, your finances and your future.

More About Honors & Awards
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10.0 Avvo Superb Top Attorney Family Law, Divorce
Los Angeles and San Francisco Daily Journal
American Jurist Institute Top 10 Attorneys 2017
2022 Client Satisfaction American Institute of Family Law Attorneys 10 Best
100 Fastest-Growing Private Companies In the Bay Area San Francisco Business Times
10 Best Female Attorneys 2017 American Institute of Family Law Attorneys
San Francisco Bay Area's Best and Brightest Companies to Work For Winner 2021
2018 Best Lawyers Best Law Firms U.S. News & World Report
California Board of Legal Specialization (CBLS) State Bar of California
2020 Client Champion Debra R. Schoenberg
San Francisco Business Times Corporate Philanthropy Awards 2019
Expertise Best Divorce Lawyers in Concord 2020
2018 Expertise Best Divorce Lawyers in San Francisco
Fast 100
Lead Counsel Rated
Litigation Counsel of America (LCA) Fellow
National Board of Trial Advocacy
2017 Parents' Press Best of The Bay
San Francisco Business Times
Rated By Super Lawyers Debra R. Schoenberg
The Business of Pride
2021 Best Businesses Three Best Rated
San Francisco Business Times Corporate Philanthropy Awards & Summit
American Jurist Institute Top 10 Attorneys of 2018
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