Legal Question in Family Law in Minnesota

Divorce and Trusts

I'm asking on behave of my mom. My mom wants to get a divorce, but she is worried about a trust that my grandma has, and she is still alive. She is worried about it being split in half, because of the divorce. If the divorce takes place before my grandma passes away, then the money is safe, correct? But if my grandma was to pass away, and then my mom got the divorce, then the trust would be split?


Asked on 7/26/07, 11:05 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Divorce and Trusts

Under Minnesota, inheritance is considered a nonmarital asset. That means the presumption under law is that the asset is NOT divided in a divorce. In short, your mother is failry safe in that regard.

For a consultation call 952.746.2122

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Answered on 7/27/07, 11:48 am
Michael Paul Cundy & Paul, L.L.C.

Re: Divorce and Trusts

If your grandma is still alive, then the money still belongs to your grandma and should not be part of the divorce. If your grandma passes away, then your mom should still be able to keep those funds separate (since an inheritance is not considered to be marital property). However, there are always exceptions and it would be wise for your mom to retain an attorney for the divorce. Please contact me if you have any other questions.

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Answered on 7/27/07, 1:58 pm


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