Asset Protection

ASSET PROTECTION

TAILORED STRATEGIES TO MINIMIZE FINANCIAL RISK

Personalized legal strategies to safeguard your hard-earned assets

and minimize risks.

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We can help with the following:

  • Premarital Agreements

  • Post-Marital Agreements

  • Business Formation

PROVIDING PERSONALIZED STRATEGIES FOR YOUR ASSETS

Our process begins with a thorough analysis of your financial situation. First, we identify your income sources and risks to your assets.

Next, we will present you with a range of techniques to mitigate these concerns. Whether it's through pre- and post-marital agreements or business formation services, we ensure your assets are protected.

Trust us to provide the legal protection you deserve, allowing you to focus on what matters most. Your peace of mind is our priority, and we are here to help you every step of the way.

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  • What is a pre-marital agreement?

    A pre-marital agreement, also known as a prenuptial agreement, is a legal contract entered into by a couple before they get married. This agreement outlines the division of assets, debts, and financial responsibilities in the event of divorce or death. Pre-marital agreements can also address issues such as spousal support and property rights. They are particularly useful for protecting individual assets and clarifying financial expectations. In California, these agreements must meet specific legal requirements to be enforceable.

  • What is a post-marital agreement?

    If you believe a contract has been breached, it’s important to seek legal advice as soon as possible. AA post-marital agreement, also known as a postnuptial agreement, is a legal contract between spouses after they are married. This agreement outlines the division of assets, debts, and financial responsibilities in the event of separation, divorce, or death. Post-marital agreements can address issues such as spousal support and property rights, similar to pre-marital agreements. They are useful for couples who want to clarify financial expectations or protect individual assets acquired during the marriage. In California, these agreements must comply with specific legal standards to be enforceable. Additionally, a valid post-marital agreement requires consideration, meaning something of value must be exchanged between the spouses. This could include financial concessions or property rights.n experienced contracts lawyer can review the terms of the contract, assess the extent of the breach, and determine the best course of action to protect your interests.When a trial court has entered an order or a judgment based upon a legal error, the aggrieved party may appeal or petition for relief to a higher court, call the Court of Appeal. In California, we have six District Courts of Appeal assigned to hearing appeals from lower courts within their jurisdiction. The Sixth District Court of Appeal, in San Jose, hears appeals from the Superior Courts in Santa Clara, Santa Cruz, Monterey and San Benito counties. The parties to an appeal or petition “perfect” the record (placing the record of what happened in the trial court before the court of appeal), research and file briefs, and ultimately argue the matter before a panel of three justices. Once the matter is submitted, the Court of Appeal has 90 days to issue its decision. After, a party can petition to the Supreme Court for review of the appellate court’s decision, but in civil matters, it is exceedingly rare that the Supreme Court will take the case, so it is imperative that appellate attorneys put their best foot forward in the intermediate court of appeal.


  • How can I protect my assets by forming a business?

    Forming a business can protect your personal assets by legally separating them from your business liabilities. By creating a limited liability company (LLC) or corporation, you shield your personal property, such as your home and savings, from business debts and lawsuits. This legal structure ensures that creditors can only claim business assets, not personal ones. Additionally, proper business formation can provide tax benefits and enhance credibility. In California, following the correct legal procedures is crucial to maintaining this protection.


  • What is a limited liability corporation (an “LLC”)?

    A limited liability corporation (LLC) is a legal business structure that provides personal liability protection to its owners, known as members. This means that members' personal assets are generally protected from business debts and claims. An LLC combines the flexibility of a partnership with the liability protection of a corporation. It also offers tax advantages, as profits and losses can pass through to the members' personal tax returns. In California, forming an LLC requires filing specific documents with the state and adhering to ongoing compliance requirements.

  • What is a limited liability partnership (an “LLP”)?

    A limited liability partnership (LLP) is a legal business structure that offers personal liability protection to its partners. This means partners are not personally responsible for the LLP's debts or liabilities incurred by other partners. LLPs combine the flexibility of a general partnership with the liability protection similar to a corporation. They are commonly used by professional services firms, such as law firms and accounting practices. In California, forming an LLP requires filing specific documents with the state and complying with ongoing regulatory requirements.

your team

Attorneys

Steven McLellan

Partner

Litigation attorney Steven McLellan has the knowledge and experience to help you get a favorable result when you need to file a lawsuit or have one filed against you. He brings a tenacity when representing his clients and their interests.

650-383-1266

steven@mclellanlawgroup.com

Claire Melehani

Partner

Claire is a skilled trial attorney; for the last three years, Claire was named a Super Lawyer’s Rising Star, an award conferred upon the top 2.5% of rising attorneys in California, and was named one of the Top Women Attorneys in Northern California. In 2023, she was named one of the Top 40 Young Lawyers by the American Bar Association.

650-383-1266

Client Testimonials

Hear from Those We've Represented

I recommend Attorney Claire Melehani, whose efforts were immediate, determined, analytical, well considered, and constant. Throughout her personal and team efforts, Claire worked hard to build a strong, strategic, and effective case to ensure a positive resolution to an unfolding disruptive and stressful situation. Much appreciation and gratitude.

- Anonymous

We worked with Claire and Steven on a living trust issue that we had, and were very impressed with their professionalism and patience in handling everything. Claire was highly recommended from another firm we had reached out to, and we certainly understand why. The situation we were dealing with was complicated, but both Claire and Steven were quick to get all the facts and wonderful in helping us get a clear game plan figured out. It is reassuring to know that we can always reach out to them for additional help if needed.

- Wendy

Steven’s legal expertise and sophistication were tremendous in resolving key issues in my case. Most important of all, Steven’s ability to bring my case to settlement with eloquent presentation while keeping my focus on the bigger picture was most impressive to me. If ever needed, I would hire Steven for his services in a heartbeat.

- Benjamin

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