irrevocable trusts

[rick4321]

I set up two irrevocable trusts in two different states where I literally do not get any money from the trusts and I am not the beneficiary of either of the trusts. I literally gifted the money away.

I then got married 1-2 months later, never cohabitated with the person. I signed a prenuptial agreement with the other individual protecting all premarital assets.

In the event of a divorce do I need to disclose the trusts if I no longer have any vested interested or benefit from them (no longer my assets)
In the event of postnuptial agreement does this need to be disclosed since they are no longer mine anyway?
In my prenuptial agreement it states i can take my premarital assets and create a trust for whomever I want is that possible (i did not comingle with my marriage assets). My prenuptial literally protects any inheritance money or money or property I had before the marriage as long I do not comingle.

Any thoughts?

 

[Just Blue]

I set up two irrevocable trusts in two different states where I literally do not get any money from the trusts and I am not the beneficiary of either of the trusts. I literally gifted the money away.

I then got married 1-2 months later, never cohabitated with the person. I signed a prenuptial agreement with the other individual protecting all premarital assets.

In the event of a divorce do I need to disclose the trusts if I no longer have any vested interested or benefit from them (no longer my assets)
In the event of postnuptial agreement does this need to be disclosed since they are no longer mine anyway?
In my prenuptial agreement it states i can take my premarital assets and create a trust for whomever I want is that possible (i did not comingle with my marriage assets). My prenuptial literally protects any inheritance money or money or property I had before the marriage as long I do not comingle.

Any thoughts?

What state?

 

[rick4321]

Trusts in SD and living in FL

 

[adjusterjack]

I then got married 1-2 months later, never cohabitated with the person. I signed a prenuptial agreement with the other individual protecting all premarital assets.

Any thoughts?

In your other thread you asked about a prenup as if you didn't have one.

postnuptial agreement and prenuptial agreement | Forum.FreeAdvice.com

Now you reveal that you have one.

I suggest you see a divorce attorney and review your options.
.

 

[rick4321]

I am not looking to divorce my wife. The trusts were set up more than a decade ago actually and fully funded. I am looking at a postnuptial agreement. My wife does not want a divorce at all but I want to see what can be done fairly. She is the beneficiary of my current assets which are worth more than the amount I put in the trusts.

 

[adjusterjack]

Trusts are complicated.
Marital property is complicated.
Postnuptials are complicated.

All of that is way beyond the scope of these forums.

You need to have an attorney review everything and advise you of your options.

 

[zddoodah]

I set up two irrevocable trusts in two different states

Why?

In the event of a divorce [or a postnuptial agreement] do I need to disclose the trusts

Depends on the laws of the unidentified state in which the hypothetical divorce takes place and on the subject matter of the postnuptial agreement.

In my prenuptial agreement it states i can take my premarital assets and create a trust for whomever I want is that possible

Huh? You said you created the trusts in question before you got married, right? If so, the terms of your prenup have no relevance.

My prenuptial literally protects any inheritance money or money or property I had before the marriage as long I do not comingle.

As do the marital property laws of virtually every state.

It's not clear what your concerns are. You should discuss those concerns with (one of) the attorney(s) who represented you in connection with the preparation of the trusts and the prenup.