Legal Question in Wills and Trusts in Connecticut
reversible trusts
if I put my estate in trust for my son, if my son divorces before I pass away, can his wife claim this trust towards her divorce settlement. thank you
2 Answers from Attorneys
Re: reversible trusts
You must contact local counsel to decern your state provisions, however, the general rule would be that anything which has vested in your son at the time of a filing for divorce might be deemed marital property. If your son has no right to the property w/in your estate by the terms of the trust, then there is no property subject to division.
Re: reversible trusts
Generally any asset inherited or received by gift is separate and not marital property unless the beneficiary comingles the asset received with other marital property. I said this is the general rule but you should check with an attorney in your own state for the local law,