Legal Question in Wills and Trusts in New Jersey

Divorce question regarding trusts. If a couple divorces and one of them has a trust set up for them, can the other partner lay claim to it? The trust was established during the marriage yet only specifies the one partner.


Asked on 8/25/10, 11:54 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Possibly.

However, in order to answer your question, I would need to review the trust and the facts surrounding it's creation. I would be happy to meet with you and discuss.

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Answered on 8/30/10, 12:01 pm
Robert Davies The Davies Law Firm, P.A.

Can the other spouse get a portion of it? I can not answer your question without more information. If the trust was a gift from one spouse's family, then probably not. If it was money, stock, assets belonging to both husband and wife, and was put in trust for only one of them, then I need to know more about it.

Give me a call at 201 820 3460 and pick a time to come see me. There is no charge for the call, and I will see what I can do. I will need to see the trust document and discuss it, before I can give you any answer.

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Answered on 9/01/10, 12:10 pm


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