Legal Question in Family Law in Texas
Dividing a Trust
A trust was setup by the courts for my husband to pay child support for his first child and half of that support went to a trust for her when she turns 18. He no longer have the resources to invest for a trust for his two new kids. He was wondering if he could divide the existing trust bewtween his three children keeping the same stipulations as before (18 before they can touch it). So when each child becomes of age their trust is divided by the three of them. That way no one will be left out without a trust.
1 Answer from Attorneys
Re: Dividing a Trust
As I understand your question, when your husband divorced his first wife, there was a trust set up for the child of that marriage. The documents prepared at the time of that divorce would need to be reviewed by an attorney to determine what they say regarding the trust.
I assume (without any additional information and not having reviewed the Court's decisions) that the trust was established for the benefit of his daughter only.
I assume that his 2 new children were born after the date the divorce was granted. I also assume that the trust did not address and future born children. I also assume that the trust was established for the benefit of his daughter only.
In summary, an attorney needs to review the papers. However, I assume that the trust belongs to the oldest child and the other 2 kids are out of luck.
If you live in the Houston area, please feel free to give me a call.
Fran Brochstein
713-847-6000
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
