Then your definition only applies to probate

来源: CyberCat 2012-09-26 07:28:19 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1207 bytes)
回答: 回复:Okay, I see your pointapt2012-09-25 16:06:06

For estate tax purpose or for CA family purpose, the definition of estate may as well be different. Actually I know for estate tax purpose the definition is different. Since we are mostly discussing the case in a family law context, what matters is actually how family law defines estate, not how probate code defines it.

Regardless how the case law says, I believe it is inconceivable for any court, even in CA, to so sweepingly, as you have claimed, includes all the assets from a trust, irrespective of all the circumstances regarding the trust. Let me reiterate here: What I am saying is everything with respect to this trust matters in determining the child support. Without knowing all the details, it would be impossible to provide any useful advice.

Maybe you know more facts than it was posted here, which renders this particular trust to be subject to child support claim. However, I don't want anyone else to have a false impression that a trust will be subject to child support regardless. That's simply not true. A well drafted trust, while set up at the right time, funded with proper assets and managed by qualified trustee, will not be subject to any claim whatsoever.

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