Legal Question in Wills and Trusts in Texas

individual trust

I have been told that if I place my assets in a trust before I marry (if I marry), then the assets held in trust cannot be given to my spouse in the event of a divorce. I would like to know whether this is true and what sort of trust I would have to have to avoid losing assets in a divorce.

Asked on 1/29/09, 9:59 am

2 Answers from Attorneys

Doug McCullough Phillips & Reiter

Re: individual trust

If you live and are married in Texas, the property you acquire during the marriage are community property. The properties you bring into the marriage are your separate property. If you want to do pre-marital planning, you could put the properties into a trust, or you could have a prenuptial agreement.

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Answered on 1/29/09, 10:05 am
Cheryl Rivera Smith The Smith Law Firm

Re: individual trust

You should consult with an estate planning attorney. There is no simple answer - especially if there are children from a prior marriage.

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Answered on 1/29/09, 10:26 am

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