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Joint Revocable Trust: Gift on Creation?

by Joel Roettger | Jun 22, 2017 | Estate Planning, Tax, Trusts

Not if the non-contributing spouse has the unilateral power to revoke: If a trust may be terminated during the life of the donee spouse, under her exercise of a power of appointment or by distribution of the corpus to her, the interest transferred in trust satisfies...

Revocable Trust as Post-Nup?

by Joel Roettger | May 24, 2017 | Asset Protection, Estate Planning, Trusts

Can a revocable trust created by one spouse after marriage constitute an enforceable postnuptial agreement for divorce purposes? This question arose in a recent case decided by the Tennessee Court of Appeals. The facts are as follows: Husband and Wife were married in...

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