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Thomas McJD
Thomas McJD, Attorney
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My mother wants to establish an irrevocable trust and transfer

Resolved Question:

My mother wants to establish an irrevocable trust and transfer her assets into it. If she name me as her sole beneficiary and I subsequently get divorced, will the assets fall into the joint property category in the divorce?
Submitted: 6 years ago.
Category: Business Law
Expert:  Thomas McJD replied 6 years ago.

No, any asset that is gifted to you by your mother will remain your separate asset. The only way it becomes a marital asset is if you commingle the property once it is distributed to you outside of trust (while it remains in trust for your benefit it can't become commingled).


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