Right to receive trust distributions underwent transmutation into marital property, where trust was created with the intent to provide for husband and wife for the remainder of their lives, distributions were deposited into an account, the funds in which were used in support of the marriage, and husband was clearly aware that the distributions were being used in support of the marriage because he attended yearly meetings discussing the performance of that account and the parties’ anticipated future needs, and, thus, the parties intended, from the time the trust was created, to treat the right to receive distributions as marital property.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com