Postnuptial Agreement Archives - Vacaville Attorney

Why 2025 May Be the Right Year to Update Your Estate Plan in California

If you haven’t looked at your estate plan in a few years—or haven’t created one at all—2025 may be the perfect time to update your estate plan in California. From changes in real estate ownership and family dynamics to the growing importance of digital assets, there are many reasons to revisit your will, trust, and other legal documents this year. Making thoughtful updates now can reduce confusion later, protect your assets, and give your loved ones peace of mind. Here’s why it matters in 2025.

Why California Real Estate Deserves a Second Look in 2025

A properly prepared estate plan is typically designed to withstand fluctuations in real estate values. However, changes in how your property is owned or managed can still impact your planning. You may need to update your estate documents if you’ve:

Bought or sold a home or rental property
Refinanced or changed the property title
Converted a residence into a rental or vice versa
Forgotten to move your property into your trust

In 2025, market shifts are still a real factor. Recent reports suggest California home prices have stabilized in some regions after last year’s declines, while others remain uncertain. According to Norada Real Estate, California home prices have begun to decline in key regions, raising questions about long-term property values. If your estate plan includes strategies based on past valuations—or if you’re considering generational transfers, gifts, or sales of property—now is a good time to make sure those assumptions still hold.

Don’t Overlook Digital Assets

Today, many people store wealth, memories, and essential information online. If your estate plan doesn’t mention digital assets, you may be leaving your executor without the tools to handle:

Email and social media accounts
Banking and investment portals
Cloud photo or document storage
Cryptocurrency wallets and exchanges
Subscription or online business accounts

California has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows you to give legal authority to a trustee or executor to access digital information. But this authority must be specifically granted in your trust, will, or power of attorney.

Major Life Changes that Should Trigger and Update

Your estate plan should reflect your current life—not your past. It’s time to update your estate plan in California if any of the following apply:

You’ve gotten married, divorced, or remarried
You’ve had children or grandchildren
A beneficiary has passed away or become estranged
Your financial or health situation has changed
You’ve moved to or from California
You now care for a disabled or elderly family member

Updating your documents ensures your assets go where you intend and that the people you trust are in charge of decisions if something happens to you.

Future-Proofing Your Plan

An estate plan isn’t a one-time task—it’s a living set of instructions that should evolve with your circumstances. And with federal estate tax exemptions scheduled to change in 2026, 2025 is an especially important year to confirm your plan accounts for potential tax law changes. By updating your plan now, you can:

Avoid legal confusion or probate delays
Remove outdated beneficiaries or fiduciaries
Reflect current wishes and relationships
Protect your family from costly disputes

Work With Experienced Counsel

When it comes to estate planning, experience matters. A knowledgeable legal team can guide you through trust funding, digital asset clauses, California probate avoidance strategies, and tax-smart strategies the first time—efficiently and effectively. At the Law Offices of David Knecht, we bring decades of California estate planning experience to every client we serve.

Ready to Update Your Estate Plan in California?

Let 2025 be the year you take control of your legacy. Whether you’re updating a plan from years ago or starting from scratch, we’re here to help.

Contact the Law Offices of David Knecht at (707) 451-4502 to schedule a personalized consultation.

Can a Postnuptial Agreement Save Your Marriage?

I recently had an attorney friend share her story about how a postnuptial agreement saved her marriage, and I share it with her permission. She had used separate assets earned prior to the marriage to pay large expenses for two children via IVF and gestational carriers. The couple was one year into marriage, and she said she was building resentment for his lack of contribution to the expense of the children. She discussed a postnuptial agreement, wherein he agreed to pay her a large sum in the event of divorce, which both thought was fair, since her assets had been severely depleted with the fertility expenses. She agreed to stop threatening divorce and agreed to pay him a certain sum if she moved out of their home within the next year. This in an example of how a postnuptial agreement can be useful in many situations where After the postnuptial agreement was signed, she felt peace of mind knowing that her financial position was more protected than previously, and he felt relief that she would be incentivized not to threaten divorce or move out. This story illustrates the advantage of a postnuptial agreement when the parties may not be at the point of divorce, but they have issues that need to be discussed or resolved.

How Can A Postnuptial Agreement Help a Marriage?

At the beginning of a relationship, you may not fully know who your spouse is or what their habits are. Your spouse may not have been completely forthright with you about finances, fidelity or other issues. A postnuptial agreement can help you discuss and resolve some of these issues, possibly setting yourselves up for a more peaceful and positive marriage in the future. A postnuptial agreement can address a wide variety of issues such as committing to therapy, promising to refrain from infidelity, or clarifying financial responsibilities. Sometimes making a commitment through a contract can help motivate the parties to improve their effort in the marriage.

What Is A Postnuptial Agreement?

In California, a postnuptial agreement is a legal document that protects the parties’ assets in the event of a divorce. Similar to a prenuptial agreement, the postnuptial agreement guides the court on terms that should apply in the event of a divorce. The laws relating to Postnuptial Agreements in California can be found here: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=1.&article=

What Are the Requirements for a Valid Postnuptial Agreement in California?

Unlike prenuptial agreements that are valid once completed, the postnuptial agreement is not considered a valid agreement until filed with the family court and accepted by a judge. Additionally, neither party can be forcer or coerced into signing the agreement. It must be in writing and have the signatures of both parties and be notarized. Finally, the agreement must be clear, transparent and fair.

What Is Not Allowed with a Postnuptial Agreement?

You can’t threaten, deceive or force your spouse into signing.
You can’t create an agreement that is “unconscionable,” meaning it is unreasonably in favor or against one the parties.
You can’t hide assets, debts, income or property from your spouse with the intention to trick them into a postnuptial agreement.

A postnuptial agreement isn’t helpful for every marriage, but if is a tool that may help you, please contact the Law Office of David Knecht, at 707-451-4502 for more information. We have extensive experience in family law and can help you decide if a postnuptial agreement is right for you.