January 01, 2016 Best of ABA Sections

Know Thy Trust: Orchestrating Assets in Divorce Cases

Deborah Rysso

All trusts are not created equal. But no matter what kind of trust it is, chances are good that it will need to be addressed and changed during the course of a divorce. Family law attorneys must pay particular attention to trusts that surface in a divorce case. At a minimum, they must recognize that a spouse should be removed as a fiduciary and that other potentially thorny situations need to be identified.

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