Are Trust Assets Vulnerable to Claims of Creditors (Including a Divorcing Spouse)?

Posted on April 30, 2012 by Oren Goldberg

In Divorce & Family Law, Estate Planning, Trust Administration | Tagged assets, beneficiary, discretionary trust, divorce, equitable division, equitable division of marital assets, hybrid trust, independent trustee, marital assets, nonmarital assets, separate property, spendthrift, spouse's obligation, support trust, Tannen v. Tannen, trust

A question commonly raised by clients during the estate planning process is: “What can we do to ensure that the assets we give to our children will not be available to the child’s spouse at divorce?” (One answer is for the adult child to have a premarital agreement. See “Premarital Agreements and the Young Couple” […]