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


Asked on 5/12/00, 8:56 pm

2 Answers from Attorneys

Bonnie Selby Bonnie J. Selby, Attorney at Law

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.

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Answered on 7/03/00, 9:21 am
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

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,

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Answered on 7/04/00, 1:04 am


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