How does having a prenuptial agreement affect my ability to create a trust?
Nutley, New Jersey estate planning and probate attorney, Brad Micklin, talks about having a prenuptial agreement and how it affects creating a trust.
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Well, prenuptial may or may not affect your ability to create a trust it’s going to depend partly on the terms of the prenuptial agreement but also on the nature and types of assets that you have that are either premarital assets or post marital assets or marital assets. Because the prenuptial agreement should spell out what type of ownership and control you retain over those assets and whether or not you actually you have the ability or right to put them into trust may be dictated by the terms of the prenup.