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Inheritance for children

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drs

Junior Member
What is the name of your state (only U.S. law)? Nebrask

My wife left me and our 3 boys and we are separated. Her family is wealthy and has established a trust fund for her which as a couple have been paying taxes on the last two years. Is the inheritance solely hers or can I request that a portion of the trust be designated to go to my 3 boys?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Nebrask

My wife left me and our 3 boys and we are separated. Her family is wealthy and has established a trust fund for her which as a couple have been paying taxes on the last two years. Is the inheritance solely hers or can I request that a portion of the trust be designated to go to my 3 boys?
Conceptually, why should you have any say in how your stbx-inlaws spend their money?

Have you been paying taxes on the trust or only your withdrawals? If you've been paying taxes on the trust itself from marital funds, that might arguably make some portion of it marital property. If, OTOH, you have only been paying taxes on the distributions, the trust would remain separate property.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Nebrask

My wife left me and our 3 boys and we are separated. Her family is wealthy and has established a trust fund for her which as a couple have been paying taxes on the last two years. Is the inheritance solely hers or can I request that a portion of the trust be designated to go to my 3 boys?
Seriously, why would you think that YOU have ANY say in what they do with THEIR money?
 

LdiJ

Senior Member
Conceptually, why should you have any say in how your stbx-inlaws spend their money?

Have you been paying taxes on the trust or only your withdrawals? If you've been paying taxes on the trust itself from marital funds, that might arguably make some portion of it marital property. If, OTOH, you have only been paying taxes on the distributions, the trust would remain separate property.
The trust is going to remain separate property.

Its no different than the interest on a premarital savings account. Just because that interest is included on a joint tax return doesn't make that premarital account marital property.
 

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