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Handling Trusts During Divorce: Identifying Assets, Resolving Ownership Conflicts, and Ensuring Equitable Outcomes

2025-05-22 13:00:00

2025-05-22 13:00:00

Over 1,000+ webinars

Navigating trusts in divorce: identifying assets, resolving ownership disputes, and protecting beneficiary interests through strategic legal approaches.

2025-05-22 13:00:00

Navigating trusts in divorce: identifying assets, resolving ownership disputes, and protecting beneficiary interests through strategic legal approaches.

2025-05-22 13:00:00

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Trusted by Legal Professionals

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Trusted by Legal Professionals

Course Overview

Navigating Trust Complexities in Divorce Proceedings

Participants will learn strategies for identifying, valuing, and dividing trust assets during divorce while protecting beneficiary interests. Gain practical skills for analyzing trust instruments and making effective legal arguments.

Asset Identification

Discover trust assets through targeted discovery methods.

Ownership Disputes

Distinguish fixed interests from speculative expectations.

Division Strategies

Apply offset and support calculation techniques.

Beneficiary Protection

Shield client interests through trust modifications.

Course Overview

Navigating Trust Complexities in Divorce Proceedings

Participants will learn strategies for identifying, valuing, and dividing trust assets during divorce while protecting beneficiary interests. Gain practical skills for analyzing trust instruments and making effective legal arguments.

Asset Identification

Discover trust assets through targeted discovery methods.

Ownership Disputes

Distinguish fixed interests from speculative expectations.

Division Strategies

Apply offset and support calculation techniques.

Beneficiary Protection

Shield client interests through trust modifications.

Why Attend

Why this 
program matters

Understanding the complexities of trusts in divorce enables practitioners to protect client interests, identify hidden assets, navigate state-specific laws, and secure equitable property division outcomes.
$124T
Projected wealth to transfer through estates and trusts by 2048, underscoring the growing significance of trust-related divorce disputes. (Cerulli Associates, 2024)
41%
Of U.S. adults who combine finances with a spouse admitted to hiding money from their partner, highlighting concealment risks in divorce proceedings. (National Endowment for Financial Education, 2018)
987k
Women divorced in the U.S. in 2024, representing substantial caseloads where trust assets may factor into property division and support calculations. (National Center for Family & Marriage Research, 2025)
55%
Of Americans lack any estate planning documents, creating uncertainty about trust asset ownership and beneficiary designations during divorce. (Trust & Will Estate Planning Report, 2025)

Agenda

Session 1

Understanding the Role of Trusts in Divorce

Session 2

Identifying and Valuing Trust Assets in Divorce

Session 3

Disputes Over Trust Ownership and Control

Session 4

Legal Strategies for Dividing Trust Assets

Session 5

Modifying or Terminating Trusts During Divorce

Session 6

Protecting Beneficiary Interests Throughout Divorce Proceedings

Session 7

Post-Divorce Trust and Estate Planning Modifications

clock 1:00 pm - 1:20 pm EST

Understanding the Role of Trusts in Divorce

Charles R. Hunsinger

Bowditch & Dewey

This session examines how state law and trust instruments interact to determine whether trust assets are includable in the marital estate. Attorneys will learn to analyze key factors such as revocability, vesting, and the distinction between mere expectancy versus fixed and enforceable interests.

Charles R. Hunsinger

Bowditch & Dewey

clock 1:20 pm - 1:40 pm EST

Identifying and Valuing Trust Assets in Divorce

Charles R. Hunsinger

Bowditch & Dewey

Explore essential discovery methods for uncovering trust assets, including requests for production, subpoenas, depositions, and financial statements. This session covers how to determine trust contents, analyze accounting provisions, and conduct historical analysis to build arguments about includability.

Charles R. Hunsinger

Bowditch & Dewey

clock 1:40 pm - 2:00 pm EST

Disputes Over Trust Ownership and Control

Charles R. Hunsinger

Bowditch & Dewey

Learn to distinguish between fixed and enforceable interests versus speculative ones, and understand how vesting affects includability in divorce proceedings. This session addresses third-party discovery strategies and when to consult estate planning experts for complex trust analysis.

Charles R. Hunsinger

Bowditch & Dewey

clock 2:10 pm - 2:25 pm EST

Legal Strategies for Dividing Trust Assets

Charles R. Hunsinger

Bowditch & Dewey

This session presents practical approaches for dividing trust assets including direct division, offsetting trust interests, and support considerations. Attorneys will examine fraudulent conveyance claims and learn how future inheritance expectancy can factor into equitable distribution.

Charles R. Hunsinger

Bowditch & Dewey

clock 2:25 pm - 2:40 pm EST

Modifying or Terminating Trusts During Divorce

Charles R. Hunsinger

Bowditch & Dewey

Explore options for modifying revocable and irrevocable trusts during divorce, including decanting strategies and beneficiary designation changes. This session covers automatic stay considerations and how courts evaluate whether trusts were established to improperly shield assets.

Charles R. Hunsinger

Bowditch & Dewey

clock 2:40 pm - 2:55 pm EST

Protecting Beneficiary Interests Throughout Divorce Proceedings

Charles R. Hunsinger

Bowditch & Dewey

Learn strategies for protecting both divorcing parties and future beneficiaries, including communication approaches with trustees and donors. This session addresses distribution timing, accounting management, and jurisdictional limits on court authority over third-party trustees.

Charles R. Hunsinger

Bowditch & Dewey

clock 2:55 pm - 3:10 pm EST

Post-Divorce Trust and Estate Planning Modifications

Charles R. Hunsinger

Bowditch & Dewey

Examine how UPC Section 2-804 affects former spouses’ rights and the comprehensive estate plan review needed after divorce. This session covers removing ex-spouses from fiduciary roles, addressing blended family considerations, and ensuring alignment between divorce settlements and updated estate plans.

Charles R. Hunsinger

Bowditch & Dewey

01 07
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Key topics that will be covered

What will you learn

Attorneys will learn how to identify, value, and divide trust assets in divorce proceedings, including strategies for modifying or terminating trusts.

What will you gain

Attorneys will gain methods for protecting beneficiary interests throughout divorce and resolving ownership conflicts to ensure equitable outcomes.

State Law
Different states treat trusts in varying ways regarding marital estate inclusion.
Trust Discovery
Use requests for production, subpoenas, depositions, and financial statements to identify trusts.
Valuation
Determine approximate value based on the party’s specific interest and trustee discretion.
Division Strategies
Consider direct division, offsetting trust interests, or factoring into support calculations.
Decanting
Transfer irrevocable trust property into another trust with similar terms.
Post-Divorce Planning
Review estate plans to remove former spouses from fiduciary roles and beneficiary status.

What will you learn

Attorneys will learn how to identify, value, and divide trust assets in divorce proceedings, including strategies for modifying or terminating trusts.

What will you gain

Attorneys will gain methods for protecting beneficiary interests throughout divorce and resolving ownership conflicts to ensure equitable outcomes.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
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Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
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Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Charles R. Hunsinger

Bowditch & Dewey

Charles R. Hunsinger

Bowditch & Dewey

Charles Hunsinger focuses his practice on fiduciary litigation and divorce and family law, enjoying explaining the complexities of various legal strategies to clients while clarifying issues and strategizing based on their unique circumstances.

Experience

Practices fiduciary litigation and divorce and family law. Views each case as a puzzle to solve, helping clients move forward constructively. Approaches family law and fiduciary litigation as opportunities to define new relationships rather than simply endings. Addresses client concerns with compassion, practicality, and scholarly focus on substantive and procedural law.

Charles R. Hunsinger

Bowditch & Dewey

Charles Hunsinger focuses his practice on fiduciary litigation and divorce and family law, enjoying explaining the complexities of various legal strategies to clients while clarifying issues and strategizing based on their unique circumstances.

Experience

Practices fiduciary litigation and divorce and family law. Views each case as a puzzle to solve, helping clients move forward constructively. Approaches family law and fiduciary litigation as opportunities to define new relationships rather than simply endings. Addresses client concerns with compassion, practicality, and scholarly focus on substantive and procedural law.

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The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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