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Cases of Interest: Trusts
National Legal Research Group, Inc.

CONNECTICUT: Tremaine v. Tremaine, 34 Conn. App. 785, 643 A.2d 1291 (1994).
The corpus of an irrevocable trust of which the husband was an income beneficiary was properly included as an asset for the purpose of determining alimony payable to the wife.
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Georgia: Avera v. Avera, ___ Ga. ___, 485 S.E.2d 731 (1997).
The husband established an irrevocable trust before the marriage and conveyed to it legal title to a home. During the marriage, the parties lived in the home. At the husband's direction, the trust then conveyed the home into the sole title of the wife.
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INDIANA: Adler v. Adler, 713 N.E.2d 348 (Ind. Ct. App. 1999).
The assets of an irrevocable trust referenced in the property settlement agreement constituted marital property, and the husband's conduct as trustee was subject to challenge by the wife pursuant to the continuing jurisdiction of the dissolution court.
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NEVADA: Shydler v. Shydler, ___ Nev. ___, 954 P.2d 37 (1998).
The trial court exceeded its authority by exempting toy soldiers, books, and other military collectibles from the marital estate and awarding them to the husband to be held in trust for the couple's son.
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NEW HAMPSHIRE: Flaherty v. Flaherty, ___ N.H. ___, 638 A.2d 1254 (1994).
A New Hampshire court hearing a divorce action correctly applied New Hampshire law which respected the trust document's election of Massachusetts law; Massachusetts law, in turn, dictated that a beneficiary's remainder interest in a trust could be included in the marital estate.
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NEW YORK: Riechers v. Riechers, ___ A.D.2d ___, 701 N.Y.S.2d 113 (1999).
The trial court had the authority to determine whether assets used by the husband to create an offshore trust two years before the commencement of the divorce action were subject to equitable distribution.
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NEW YORK: Riechers v. Riechers, ___ Misc. 2d ___, 679 N.Y.S.2d 233 (Sup. Ct. 1998).
The wife would be awarded one-half of the value of marital assets which the husband had placed in an irrevocable trust in a foreign jurisdiction.
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NORTH CAROLINA: Weatherford v. Keenan, ___ N.C. App. ___, 493 S.E.2d 812 (1997).
The trial court did not err in imposing a constructive trust on improvements to the marital home, which the husband inherited from his parents after the parties' separation and before the divorce.
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NORTH CAROLINA: Upchurch v. Upchurch, ___ N.C. App. ___, 495 S.E.2d 738 (1998).
Clear and convincing evidence supported the trial court's finding that assets held by the parties' son should be subjected to a constructive trust for the benefit of the marital estate.
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NORTH DAKOTA: van Oosting v. van Oosting, 521 N.W.2d 93 (N.D. 1993).
The trial court's decision not to award the wife any portion of the husband's interest in the credit trust established by his father was clear error.
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OREGON: Becker and Becker, 122 Or. App. 567, 858 P.2d 480 (1993).
Although wife's trust interests were not marital property, it was just and proper to award husband $2 million to compensate him for his reliance on those interests for retirement.
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WISCONSIN: Friebel v. Friebel, ___ Wis. 2d ___, 510 N.W.2d 767 (Ct. App. 1993).
Income from spendthrift trust established for wife by her father was her separate property.
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