Browns Mills, NJ asked in Family Law for New Jersey

Q: What is my right as a wife and what action do I need to do?

I’m married with 4 adult kids (previous relationship). My husband 2 adult kids (previous relationship). We were both divorced when we got married but no kids on our own. My issue is one of my step-son (married with 2 kids) is asking my husband for trust fund. It feels like he wanted to control everything from his father. I don’t know anything much about this. Am I still going to have the right for my husband’s asset? Just wondering what’s gonna be the situation if this happens.

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3 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: You have not provided enough information for any lawyer to give you competent advice. My suggestion is that you schedule a consultation with a divorce lawyer to get better educated on your rights and to help you better understand whether you should be concerned.

From what I gather from the information provided, either:

one of your husband's children wants him to put some or all of his assets into a trust and

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Unfortunately, you have not provided enough information for a lawyer to give you competent advice as to what you need to do in response to one of your husband's children's requests. My guess is that one of the 2 things is taking place:

a. one of your husband's children want your husband to put all or a portion of his assets into a trust, presumably for the benefit of your husband's children/grandchildren; or

b. one of your husband's children wants a greater say in a trust already in existence to potentially ensure that you do not receive your fair share of the contents (presuming you are a beneficiary of that trust).

My suggestion is that you schedule a consultation with a divorce lawyer promptly to get a better understanding of your rights to share in assets of the marriage and/or your rights to assets to be placed into a trust for distribution purposes or for support purposes.

You should consult with a lawyer who specializes in divorce and family law as opposed to a lawyer that handles many different areas of the law.

1 user found this answer helpful

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sorry to hear you are going through this stressful time. Based on the circumstances you described, whether your current Husband can fund a trust for his son without your consent would depend on a number of factors. Are you and your spouse considering a divorce, or are you remaining married? Is your Husband planning to fund the trust with assets he had prior to his marriage to you? Or with funds he earned/acquired during your marriage? All of these aspects and more can have a bearing on providing you with a definitive answer. To help you understand your rights and option, I strongly urge you to schedule a consultation with an attorney.

1 user found this answer helpful

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