Legal Question in Wills and Trusts in Michigan

Re: is the heir/trustee of a living trust protected from divorce

I suspect, that the trust distributes to you immediately, since you are also the trustee. If that is the case, then the money is considered yours as of the date your father dies. Generally, inheritances are not considered part of the pot upon divorce, but there are a lot of exceptions (e.g. the inheritance is put in a joint account). You might consider a postnuptial agreement, that specifically exempts inheritances upon divorce, if your spouse is willing to sign one.

Regards,

Pat Prince

Re: is the heir/trustee of a living trust protected from divorce

Hello, I have received a copy of your e-mail regarding trust assets and divorces. The answer lies in the wording of the trust. if the trust orders that the assets be dispersed to you at the death of your father, then the assets are yours for divorce purposes. There are some limitations to that rule, such as how recently they were received, how they were handled after receipt, and the general overall needs of the parties. If you are truly concerned about a divorce I suggest that you have your father consult an attorney to re-write the trust so that your are better protected. Fell free to call if you have further questions. JohnC. Talpos (http://www.Mich-Lawyer.com)