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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review April 10, 2006 / 12 Nissan, 5766

Premarital agreement: Good financial sense

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: I was widowed at 64 and am financially comfortable. For the past two years, I have been keeping company with a widower who just turned 70 and is also solvent. We are both in good health and enjoy each other so much that we have been discussing marriage.


But the six children by our prior marriages (two are mine and four are his) have been rather outspoken about the topic, and while some have made good points and we have listened, we have not been dissuaded from moving ahead with our plans.


We each went to a separate lawyer to get advice on a premarital agreement and received draft documents to take home. When we compared them, we were shocked that they looked like the exact same forms with the names changed around. We each have long-term care insurance, but want to make sure there are no claims by either of us against the assets of the other and that no one contests our agreements. The lawyers tell us that there is no way to ensure that our agreement will not be attacked. Are there other options we are missing?


A: Because of the changing nature of the American family, a premarital agreement should be viewed as not only a vehicle to establish financial responsibilities of both husband and wife if there is a divorce, but also, and probably more importantly when it comes to seniors, as a plan for future health care issues, death and disability.


In that you have long-term care insurance, a potentially expensive and difficult contingency has been resolved. Therefore, your agreement can be negotiated to determine how to divide property if there is a divorce, who will handle the finances if one or both of you becomes incapacitated, and what will happen at the first and second deaths.


Generally, when a couple considers a premarital agreement, the prospective spouse with more assets has one agenda, while the dependent spouse has quite another. The negotiation of this type of agreement must satisfy the needs of both sets of priorities — a very difficult task. That's why form agreements should give way to creative thinking.


Because of the scrutiny with which premarital agreements may be viewed if they are later attacked, in order to survive an assault, the agreement must be fair and the product of reasonably full financial disclosures. Each of you should have an independent attorney to represent your interests.


While there are no guarantees against one party (or others on his or her behalf) later attacking an agreement, there are ways in which a person who may later look to set aside an agreement — and the lawyer who is hired to accomplish this task — might be dissuaded.


For example:


1) Keep all assets titled separately and maintain only one joint checking account into which each of you deposits enough income each month to pay the ongoing bills.


2) If one or both of you will sell a house and purchase a new one, make sure that you divide the equity on the second death based on the percentage of downpayment each of you contributes. Make sure that the survivor has the right to continue residing in the residence until his or her death or disability, at which time the sale and division of proceeds would take place.


3) Consider complete estate waivers and waivers of all rights to be beneficiaries of each other's qualified funds that comply with the law of your state of residence as to financial disclosures so that, at the first death, the survivor will have no claims whatsoever.


4) Despite the waivers, consider including a bonus payment to the survivor at the time that the estate of the first to die is to be closed even though there would be no obligation to do so. This payment could be based on the length of the relationship or could be a percentage of the estate.


5) Include economic penalties if either party takes any position inconsistent with the terms of the agreement.


6) Consider a trust agreement and an independent trustee with instructions not to make any payments if an attack is later made.


7) Provide that all disputes regarding the agreement will be resolved through final and binding arbitration, not the courts. Each party should relinquish all rights to have any court review the arrangement.


Regardless of what your agreement says, your supporting documents — durable powers of attorney, health proxies, wills, and/or trusts — must be coordinated at part of the protection package.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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