Divorce Property Division and Trust Assets: Attacking Trusts, Discovering Assets and Evidentiary Issues

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, January 24, 2018

Recorded event now available

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Program Materials

This CLE webinar will prepare family law practitioners with best practices to represent divorcing parties who have an interest in or seek to claim an interest in a spouse’s trust. The panel will review drafting methods to mitigate attacks on trust assets, explain how to attack a trust, discuss available remedies, and outline key evidentiary issues in establishing a party’s interest in the trust as a marital asset.

Description

Trusts present unique challenges when classifying and dividing marital assets in a divorce. Counsel must discover the existence of a spouse’s interest, the type of interest, and value of that interest in the trust.

Counsel must decide whether to join the trust or trustee as a party to the divorce proceeding. Counsel must also determine when to attack a trust, how to defend a trust, and what remedies are available. From the family law perspective, counsel must address and present key evidentiary issues.

Listen as our panel of family law and estate law attorneys discusses drafting methods to mitigate attacks on trust assets, discovering the trust and classifying the beneficiary’s interest in the trust as marital property, reaching or protecting the beneficiary’s assets, identifying remedies available, and understanding key evidentiary issues.

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Outline

  1. Types of trusts
  2. Drafting trusts to reduce attacks on trust assets
  3. Discovering trust assets
  4. Classifying the trust interest as marital property
  5. Ways to reach trust assets or protect beneficiary’s assets
  6. Joining the trust or trustee as a party
  7. Key evidentiary issues
  8. Remedies

Benefits

The panel will review these and other key issues:

  • What are best practices for drafting trusts to protect trust assets in the event of divorce?
  • What can counsel do to discover the type of interest a party has in a trust?
  • What are the methods available to reach a party’s interest in the trust and to defend against an attempted attack on the trust?
  • What are the key evidentiary issues in successfully attacking a trust or defending the trust from attack?

Faculty

Vandrew, Jeff
Jeff Vandrew, Jr., CPA, CFP

Atty
Vandrew

Mr. Vandrew's practice focuses on asset protection planning, wills, trusts, and estate planning. His background as...  |  Read More

Wood, Jillian
Jillian A. Wood

Partner
Stange Law Firm

Ms. Wood has extensive experience in family law matters such as divorce, paternity, child custody, child support,...  |  Read More

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