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The Research Center
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         | 1. Divorce Source: ASSERTING CLAIMS OF SUPPORT AGAINST INTER VIVOS AND TESTAMENTARY TRUSTS
Before applying any of the general rules for treatment of trusts in support cases, it is first necessary to determine the type of trust document against which a claim for support is to be raised. The classification of the trust plays a crucial role in determining the rights of claimants to rely on t
... 100.0%
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         | 2. Divorce Source: Cases of Interest: Trusts
Case law and analysis of divorce cases related to trusts. Visit Other Cases of Interest
... 91.7%
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         | 3. Divorce Source: CHOICE OF LAW - REMAINDER INTEREST IN TRUSTS
(�1994) The husbands parents, both Massachusetts residents, created an irrevocable spendthrift trust naming the husband and one of his brothers as co-trustees. The trust corpus comprised the parents home
... 62.5%
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         | 4. Divorce Source: VALUATION OF A REMAINDER INTEREST IN A TRUST
Most decedents choose to distribute their estates by means of outright bequests to the objects of their bounty. For a variety of reasons, however, many decedents choose to place all or part of their estate into some form of trust. If the beneficiary is divorced before the trust terminates, the court
... 29.2%
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         | 5. Divorce Source: VALUATION OF A REMAINDER INTEREST IN A TRUST
The court held that the husbands vested remainder interest was marital property. The court then approached the question of how to value that interest. The court adopted the wifes experts appraisal, which adopted a discount to present value based on the life expectancy of the life estate holder.
... 25.0%
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         | 6. Divorce Source: Property Division/Gifts/Distribution from Trust
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.
... 25.0%
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         | 7. Divorce Source: ASSETS CREATED PRIOR TO COMMENCEMENT OF DIVORCE ACTION OFFSHORE TRUST
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.
... 25.0%
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         | 8. Divorce Source: IRREVOCABLE TRUST
(�1999) The assets of an irrevocable trust referenced in the property settlement agreement constituted marital property, and the husband
... 25.0%
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         | 9. Divorce Source: AWARD OF MARITAL PROPERTY IN TRUST TO COUPLE'S CHILD
(�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 couples
... 25.0%
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         | 10. Divorce Source: CONSTRUCTIVE TRUST IMPROVEMENTS TO HOME OWNED BY ONE SPOUSE
(�1998) The North Carolina Court of Appeals approved the decision to impose a constructive trust. The constructive trust is seen by courts today as a remedial device, to be used wherever specific restitution
... 25.0%
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