Divorce and trustee beneficiary

[cindy612]

What is the name of your state (only U.S. law)? Maryland

A sibling is struggling through a difficult time in his marriage. As a future beneficiary of a family member's revocable trust, when would his interest in the trust be considered marital property (of course, after death of grantor)?

Is there specific language which must be in the trust to protect the assets from divorce or is it more of a timing issue?

We are praying for a healing in the marriage, but not sure of what the answer will be.

Thank you for your help.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Maryland

A sibling is struggling through a difficult time in his marriage. As a future beneficiary of a family member's revocable trust, when would his interest in the trust be considered marital property (of course, after death of grantor)?

Is there specific language which must be in the trust to protect the assets from divorce or is it more of a timing issue?

We are praying for a healing in the marriage, but not sure of what the answer will be.

Thank you for your help.

S/he should take a copy of the trust to an attorney.

If I'm understanding it correctly, he doesn't own a thing until the grantor dies (particularly since it's a revocable trust), so there is no marital property to share. But I'd hate for you to consider that a blanket statement when it really depends on what the trust is doing and how it is worded.

 

[cindy612]

Thank you for your reply.

Going to the attorney is what we will do since you seem to indicate language is the concern.

Again, thank you.