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  1. #1
    Join Date
    Jul 2015
    Posts
    28

    Default Protecting a Trust Fund With a Prenuptial Agreement

    My question involves marriage law for the State of: Michigan

    I am getting married next year and getting a trust fund from my father upon his death. I do not want my father to pass on, no one wants that but he is very ill so it could happen. My question is, my father wanted me to get a prenup with my fiance over this trust fund. I dont think I need a prenup for this trust fund. It goes direct to me, and not my fiance. My father was concerned because my fiance has had a long court battle with his child's mother, and she would try and take my money if she could. She has tried before. And therefore, my fiance and I agreed we would keep all things I own in my name, and our bank accounts separate. He feels getting a prenup makes it sound as if my father does not trust him. My father trusts no one. He wants it to go solely to me. Do I need to worry?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,685

    Default Re: Trust Funds and Prenups

    Inheritances are considered separate property in Michigan. Trusts are probably even further outside the reach of the marital estate. Of course it's your dad's money and his trust is likely at this point revocable. He can set whatever conditions he wants on providing the money to you.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,206

    Default Re: Trust Funds and Prenups

    Quote Quoting PaulineP
    View Post
    My question involves marriage law for the State of: Michigan

    I am getting married next year and getting a trust fund from my father upon his death. I do not want my father to pass on, no one wants that but he is very ill so it could happen. My question is, my father wanted me to get a prenup with my fiance over this trust fund. I dont think I need a prenup for this trust fund. It goes direct to me, and not my fiance. My father was concerned because my fiance has had a long court battle with his child's mother, and she would try and take my money if she could. She has tried before. And therefore, my fiance and I agreed we would keep all things I own in my name, and our bank accounts separate. He feels getting a prenup makes it sound as if my father does not trust him. My father trusts no one. He wants it to go solely to me. Do I need to worry?
    As FlyingRon said, the trust is already completely protected. There is no need for a prenup with the trust. Even if the trust gets distributed to you, as long as you keep it in a separate account, it is still separate property and protected. You will only run into issues if you comingle the money into marital property. So, if you were to use it towards a house, or cars or any other property that would be marital property, that is when it would be no longer protected.

  4. #4

    Default Re: Trust Funds and Prenups

    Well what is the problem if your father does indeed not trust your fiance?
    Would your fiance just trust someone marrying his own daughter with an inheritance/trust fund?
    That's a lot to ask of a father. I would even go as far as saying that a father who does that is plain naive.
    He needs to put his big boy pants on and get over it.

  5. #5
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Trust Funds and Prenups

    I see it Dads way....it's is his money and he does not owe you a dime ...it you don't like his rules , which are lawfuL, then you risk that he bypasses you or,structures the trust so,that absent a pre nup you don't get it.....you may think his requests are excessive or believe the funds are totally outside the grasp of your new husband....but it's his money ....if you don't like his rules...you are free to turn him down.

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