Legal Question in Wills and Trusts in Michigan

My ex-husband is going through a nasty divorce. My children have trust funds that were established when he and I were married and the trusts are funded by life insurance policies. My ex is in a nursing home and is basically a ward of the state after having a stroke and MS he had to file bankruptcy. The estranged wife wants to attach to these trusts so she can receive spousal support' can she do this? They were only married 7 years. Thank you...Pat Locke


Asked on 10/13/09, 7:55 pm

1 Answer from Attorneys

John Tatone John R. Tatone & Associates PLC

I doubt that his soon to be ex-wife is able to attach the money in trust for only your children. There are exceptions to the rule, but generally, trusts that are set up for the benefit of another and the person who set it up is not in control of it, prevents the creditors of the person who set it up from attaching it. Please contact me to discuss same if further detail at johntatone.com

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Answered on 10/26/09, 11:37 am


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