Legal Question in Wills and Trusts in New York

Trust

My daughter is married but I'm very concerned about her marriage long term. She has two young children. Can I set up a trust leaving my assests only to my daughter? and if she should devorce in the future after I die can the assests I left her remain with her after the devorce.


Asked on 9/11/08, 8:29 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Trust

You may establish a testamentary trust in the will. In other words, that would be a trust that goes into effect upon the date of your death.

The trust can have a clause that the beneficiary would receive the principal of the trust should there be a divorce.

Mike.

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Answered on 9/12/08, 8:41 am
Walter LeVine Walter D. LeVine, Esq.

Re: Trust

I agree with Michael that you can do this by Will (Testamentary Trust) and you can also do it during your lifetime by establishing a Living TRust (one created during your kifetime), with your daughter and grandchildren as beneficiaries. You can be the Trustee and, if properly drawn, this should not be considered an asset of your daughter's in the event of divorce. Many benefits are available by use of a lifetime trust, and if you need more information contact me directly.

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Answered on 9/12/08, 11:29 am


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