Protecting Assets prior to Marriage to USC

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RanjitSingh

Registered Users (C)
Hi guys,
I am sorely in love with USC lady and we are engaged and about to get married very soon upon which we plan to file 1-130, I-485 et al immediately. I love her so much I do not want to confront her with a pre-nuptial agreement because she has already hinted that prenups mean you have no faith in the relationship lasting. Nevertheless I have a few properties and assets that I have accumulated over the years that I need protected for the sake of my children who will be beneficiaries of said assets in my will. How do I go about protecting those assets without a prenup? Has anybody been in a similar situation? I know the marriage will work but i need to make sure my kids are also catered for if anything should go wrong.
Thanks in advance guys.
 
You can create a trust and transfer all property to it with the provision that the property/ assets are to be used for children etc. This is a complicated issue as there are number of options and types of trusts. You should talk to a lawyer who specializes in these issues. It may appear expensive but it pays in the long term.
 
Generally what you take into a marriage is yours, and upon divorce will remain yours. What you make after you get married - that is another matter depending on whether it is a community property or seperate property state.

A trust is probably the best option, and you should consult a lawyer that specializes in family law, or estates and trust law.

Pre-nups are a great idea but depending on where you reside, are viewed differently by courts. You have to go through a whole series of things to get a pre-nuptial contract that will stand in court - most important of which is that she should have her own independant counsel to advise her on the contract. Furthermore, liberal states like California are very anti-pre-nup.
 
Thanks guys, that was what I was thinking: form an irrevocable life trust and transfer the assets to it with my kids as beneficiaries. I am not in a community property state, thank God. I appreciate the help and will talk to a lawyer asap.
 
you could go for the trust ...

I beleive in this situation the trust will be the best thing to do . But for further acknowlegements consult a lawyer whom is specialized in the family issues .
 
RanjitSingh said:
Thanks guys, that was what I was thinking: form an irrevocable life trust and transfer the assets to it with my kids as beneficiaries. I am not in a community property state, thank God. I appreciate the help and will talk to a lawyer asap.
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oh my goodness!!!! don't take the word from Diavon for serious. no offense to him, i am sure he is not aware that different state has very different laws!!!
 
That is why he said that depends in where you reside. What he said about California is true. He didn't say that is not viable to get a pre-nup, but there are certain guidelines that people must follow with a lawyer so the court will enforce it if it's necessary (if they get divorce of course). There are cases that some courts rejected pre-nuptial agreements just because they considered that the spouse signed because she/he didn't really know what was doing.

In any case at the end is a personal decision and is good that Singh decided to go to a lawyer for advice. Good luck to you! when you are in your immigration stuff you can post here again!
 
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