Trust fund

If all of the funds came from your husband’s father and it was his intention to make these funds a gift to your husband then neither you nor your children would have any claim to the trust unless the trust instrument provides that you are entitled to the funds.

I would encourage you to take the documents to an attorney and have them reviewed.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have been married for 17 years, have three children with my husband and divorce is now imminent. I have not worked outside the home for the entire marriage. From the beginning I have asked my husband about setting up a retirement fund for us and a college fund for the children. He comes from a wealthy family and has always said that there is no need because he has a trust set up for him by his father. It is a family trust in his and his brothers names to which his father makes yearly gifts to. The fund was started after we were married. Now that we are to be divorced I am wondering if I, or my children, have any legal claim to a portion of this fund.