Legal Question in Family Law in Iowa

Does information spelled out in a trust have any bearing on divorce proceedings?

My mother is widowed. She set up a trust with her husband (my stepfather) before he died. Together, they spelled out how remaining money in investments would be distributed after the last one of them died. My mother has terminal cancer and is living in assisted living at this time. One of Ron's (my stepfather's) children from his previous marriage is going through a divorce. Ron's daughter insists that she needs to know how much money she will inherit when my mother passes away. She states that her lawyer must have this information as it relates to how much money she is entitled to through alimony. I do not think that the person she is divorcing is named in the trust. Does the information in the trust have any bearing on her divorce proceedings??


Asked on 12/03/14, 10:27 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

That's altogether too complicated to answer on a chatboard. However I do think that if this subject affects you you should contact an attorney knowledgeable in the subject. I also think that unless someone has your mother's durable power of attorney or is a guardian/conservator of her assets, it's nobody's business but hers what she does with her money, and any inheritance will pass to the heirs by devise or otherwise.. Your stepfather's daughter by a previous marriage is not an heir so she inherits exactly nothing from your mother unless she's named in a will. Your more or less stepsister and her lawyer are fishing in troubled waters.

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Answered on 12/10/14, 8:37 pm


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