Matrimonial Issues and Trust Planning: Practical Planning Tips for Practitioners

Using a separate/special revocable trust to preserve the separate property characterization of particular assets and avoiding commingling. Using a domestic asset protection trust (DAPT) before marriage to segregate pre-marital assets. How these techniques can be planned and implemented. What provisions should you include in a revocable trust or DAPT? What schedules should be attached to each type of trust? What provisions might be included in a prenuptial or postnuptial agreement? When might it be appropriate to use each type of trust? Inheritance considerations. The importance of keeping separate property separate and practical issues that often arise. Why it is advisable to use an independent trustee for divorce protection. Potential for decanting and change of jurisdiction on existing trusts and how that may be used to bolster matrimonial planning. Sample language and an article on DAPTs and prenuptial agreements will be provided.

Sponsor: Interactive Legal and Peak Trust Company

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