Legal Question in Family Law in Washington
trust accounts in a divorce
If my parents set up a trust account until the age of 30 after I was married, then I past that date and it was then converted into a investment account with full access. In the event of a divorce, would be husband be entitled to 50%. We live in a community propertly state.
1 Answer from Attorneys
Re: trust accounts in a divorce
It depends on how the trust is written. There are three different kinds of property that survive the community property presumption, and one of them is separate inheritances.
But again, it depends on the terms as written in the bequest/trust, and the testator's intent is determinative.
I can't really tell whether you meant the instrument was written after you married or before.
So in other words, it depends. If you decide to get divorced be sure your dissolution attorney knows about this trust.
Hope this helps. Elizabeth Powell
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