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Trust Beneficiaries and Divorce

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That depends on what kind of trust it is. Many trusts these days are what are called irrevocable and spendthrift trusts. That kind of trust became very important in Minnesota law back in 1936. This is the 80th anniversary of the Erickson case. The Erickson case insulated trust assets in an irrevocable and spendthrift trust from obligations that the husband owed the wife, alimony, child support, division of assets. That case held that those assets in the trust were not available to be divided and shared with the non-beneficiary spouse and unavailable to pay things such as spousal maintenance and child support. It’s a very complicated area but it is an area where there is a lot of law starting with Erickson, the Erickson in 1936, which, in general, protects trust assets from marital obligations.

Minneapolis family law attorney Denis Grande discusses beneficiaries of trusts and if they can lose that in a divorce.

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