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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114042
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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If we created family trust, and husband and wife are

Customer Question

If we created family trust, and husband and wife are trustees and if husband will want to divorce, what rights has a wife, what she will get by court?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
what time frame has to be, that this trust will get in affect after we sign it. We will do that on Tuesday. Same question if wife wants to divorce a husband
Customer: replied 1 year ago.
If I will not understand Yours answers , I would like to call You comfort time for me. send to my e-mail Yours phone nr, Its already charged to my credit card. If I will not get right answer, I will dispute the charge .
Customer: replied 1 year ago.
Ask additional questions , if needed) in e-mailThanks. Regina
O , we already pointed ,what acc, after any Grantor deaths will go to (children's trust, which will go to grandchildren's). We did point any acc. will go to (Family o Marital trust). My fear is , that my husband can any time move rest of acc. which will counted like our family trust to one of this trust and leave me with nothing on the end. He is 70 years old, I am 56. He is very healthy, I am not. I am married him 7 years, all assets are his.We did some Prenup. Which still is not revoked. Not much are there. family trust are much more.
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you form a family trust and then you and the other grantor get divorced, you would need to divide the assets of the trust that are marital assets in the trust and you would have to seek your marital share through the divorce marital property distribution. This can become a long and drawn out process.
However, there is a way to deal with this in the trust and that is by including a provision in the trust to specify as to what would happen to the trust and property in the event of divorce. Without such a clause it is divided during the divorce case in court.