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  1. #1
    Join Date
    May 2014
    Posts
    23

    Default If a Spouse is a Beneficiary of a Trust, is That Part of the Marital Estate

    My question involves a marriage in the state of: California

    Under California Family Code section 4320, to what extent does a party’s “assets” include an expected inheritance from an irrevocable trust?

    Similarly, to what extent is an irrevocable trust considered “income”?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If a Spouse is a Beneficiary of a Trust, is That Part of the Marital Estate

    You will need to explain the facts. Most testamentary gifts come from trusts that are revocable during the grantor's lifetime but become irrevocable upon death, and would be treated as separate property as long as the gift received is maintained as separate property.

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