pure curiosity on a trust

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pure curiosity on a trust

Unread postby happier_now » Wed Oct 18, 2017 6:33 pm

Came across this situation and got me curious. Not asking for legal advice for me or any third party. just wondering.

Couple married 10 years now divorcing

Five years in to marriage, FIL is diagnosed terminal and starts a trust to take care of his wife MIL

Trust is solely for care and income for MIL

Once MIL passes it is to be distributed to children, with permission for executor to withhold money if one of the siblings inst right with life - say one of them has a 5k a day blow habit.

None of the divorcing parties are executors of the trust

Now the question - does the non blood related party in the divorce have any claim to the trust?
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Re: pure curiosity on a trust

Unread postby a dad » Wed Oct 18, 2017 6:47 pm

It's blood or marriage, not both.
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Re: pure curiosity on a trust

Unread postby TJinCA » Thu Oct 19, 2017 3:35 pm

Sounds like inheritance which is generally regarded as separate property so my guess would be no.
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Re: pure curiosity on a trust

Unread postby happier_now » Fri Oct 20, 2017 12:05 pm

thanks for the replies.

generally from my reading, like you guys said, it's a no go.

so what made me curious is the divorce is going to trial solely because one of the parties thinks they can get some money from the trust(the non blood one)

so i guess their lawyer is just using this to fund his new vacation condo while pursing it in court.
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