If my son is the plantiff in the divorce, do I have to provide a copy of my trust to my daughter-in-law’s lawyer since my son is a beneficiary?

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If my son is the plantiff in the divorce, do I have to provide a copy of my trust to my daughter-in-law’s lawyer since my son is a beneficiary?

It is my understanding that an inheritance is not marital property.

Asked on April 2, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you are correct that generally speaking, any funds that are inherited during a marriage are not marital funds but separate property.  If the funds are co-mingled though - where one party shows an intent for them to become marital - the tables can turn.  I would speak with your attorney about the terms of the trust and the law.  And have him or her respond accordingly to the attorney for your daughter in law.  Good luck.


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