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My husband made me trustee of the family trust but only our children beneficiaries.

Dallas, TX |

Trust holds the house. I have no assets. Turbulent marriage of 20 years (affairs on his side). Could his aim be to leave me with nothing in case of divorce?

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Attorney answers 3

Best Answer

The trust may very well be an attempt to circumvent your community property rights. You need to consult an attorney to review the trust and possibly challenge the transfer of the homestead and possibly other assets into the trust.

There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.


Mr. Pyke is correct. It would be in your best interest to consult with a local attorney for guidance and direction, based on an in depth review of your circumstances.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.


He could have any number of motives. We cannot discern motive. Also, the language of the trust will have a great effect on whether or not you would lose a community property interest in the home, if you have one. You should consult an experienced estate planning attorney and let him read the trust and all other relevant documents.

DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

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