My wife has a trust and filed divorce

Hello, my wife has a trust in her name from her mother. The trust was acquired by my wife during the marriage, when we go to the bank and the banker types in my wife's ssn the trust comes up under her ssn but it is in trust for her from her mother. My wife recently filed a divorce am I entitled to the money that is in this trust?

New York, NY -

Attorney Answers (4)

James P. Frederick

James P. Frederick

Trusts Attorney - Livonia, MI
Answered

You need to seek immediate advice from a qualified divorce attorney. The trust that you mention is only one consideration and your attorney can tell you what effect it will have, if any. Many times, assets such as this are considered the separate property of the inheriting spouse. But they can still have an impact in terms of calculating spousal support and sometimes child support. Many times, and perhaps most times, the parties agree on a property settlement, instead of the court. In that case, it can still be part of your negotiations.

You need to find an attorney to assist you as soon as possible. Divorce is no place for you to go into battle on your own.

James Frederick

I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice... more
Yefim Rubinov

Yefim Rubinov

Estate Planning Attorney - Brooklyn, NY
Answered

You have to look at the language of the trust. Hire an attorney to represent you in a divorce proceeding.

Rudolf J. Karvay

Rudolf J. Karvay

Trusts Attorney - Garden City, NY
Answered

I agree you need to be represented in the divorce proceedings.

This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing... more
Christopher Daniel Leroi

Christopher Daniel Leroi

Estate Planning Attorney - Greenwood Village, CO
Answered

I agree with my colleague. No one should go into an acrimonious divorce proceeding without an attorney. That is especially true with issues like this trust that you have mentioned.

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