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Trust Planning

By Martin M. Shenkman
October 02, 2014

Editor's Note: As discussed last month, modern trusts are, in general, more protective than trusts created even in the recent past. Whether a trust's funds may be reachable in a divorce proceeding will depend on several factors, such as whether it is a “support” trust or a “discretionary” trust, or whether the trustee has the power to change or add beneficiaries. Now, the author explains how an existing trust may be made more “divorce-proof,” offers some hypothetical examples of the treatment trust funds may be given in divorce, and describes some lesser-known trust-related problems to be avoided.

Improving Old Irrevocable Trusts: Decanting

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