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I inherited real property from my deceased parents. Property was sold and funds place in a trust account in my name.

Flushing, NY |

Is this trust considered a marital asset in a divorce action? Is it used as a basis to determine child support and or maintenance? Is it considered income?

Attorney Answers 4


  1. This is a divorce question , not a trusts question, you may want to repost. But generally inherited propety is not marital property, although appreciation in value during the marriage may be marital property. Trust distributions may be used to pay child support obligations and maintenance. The terms of the trust agreement determine whether the property may be attached. The status of the trust when created determines whether you are taxed on all of the trust income under grantor trust rules, or just taxed as income is distributed to you. You need to talk with a divorce attorney and a trusts attorney.


  2. I changed the practice area of your question to Divorce. While inherited assets are generally not part of the marital estate, if funds have been commingled, they might be considered a marital asset. My suggestions is to retain a divorce attorney in your area.

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  3. That depends upon the way the trust was set up. Inheritance generally is not a marital asset.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  4. It is not a marital asset.....is a separate asset (of yours) in a divorce action.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

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