FAMILY LAW AND ESTATE PLANNING: TRANSMUTATIONS, TAX AND MALPRACTICE PREVENTION

By Charlotte K. Ito^* and Garrett C. Dailey^**

Family law attorneys would never dream of representing a married couple (clearly husband and wife are adverse parties), and perceive their estate planning counterparts as cowboys for routinely representing both husband and wife. Estate planners have no idea that they are the Evel Knievels of the law and are often surprised to learn that their innocent representation of husband and wife is fraught with danger. This article examines the similarities and differences in the property characterization between the two practice areas and the traps for the unwary estate planner.

I. SETTING THE STAGE

A. Scene One, Estate Planning