Greenville, KY asked in Family Law and Estate Planning for Kentucky

Q: living trust

I live in a house left to my son in a living trust if he marries and then divorces is my house in jeapordy in a divorce settlement and is there any legal way I can force a pre-nupt agreement ??

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL

A: Yes, it is possible that, in a divorce, his wife would be able to receive some interest in the house.

You cannot force them to enter into a prenuptial agreement. But, if the trust is revocable, you could revoke it and redo the trust so as to avoid her acquiring any interest in the property in the event of a divorce.

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