Legal Question in Family Law in Arkansas
division of inherited trust assets at divorce
A revocable Living Trust was developed with husband and wife as co-grantors, co-trustees. The husband inherited money and property. He later placed inherited property in the trust, titled in the name of the trust. Inherited money was placed in the name of the trust at banks, etc. The trust states that regardless of who funds the trust or in what proportion or from what source- if a division is made it must be made on a 50-50 basis. Divorce is present now. Will Arkansas court uphold the 50-50 division of assets placed in the title of the trust, even though some of it was funded with inherited assets?
1 Answer from Attorneys
Re: division of inherited trust assets at divorce
Nothing is generally cast in stone, but as a general rule, yes, the trust document will rule. The next question is what does the trust document really say. I suggest you bring us a copy and let us look it over.
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