Continuing Legal Education

TELESEMINAR: Treatment of Trusts in Marital Separation – A National Perspective [LIVE REPLAY]

February 10, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours


Trusts are no longer a certain mechanism for preserving assets from loss in a divorce. Over time the law has changed and in many states allows a divorcing spouse to make a claim on the income or assets of a trust benefiting the other spouse. This is often a shocking realization for trust settlors and beneficiaries and can substantially complicate estate planning. The rules are not uniform and the viability and extent of a claim depends on the type of trust, the type of beneficiary interest that is held, and the value placed on that interest. This program – which was originally presented on November 5, 2013* – will provide you with a practical guide to the law of division of trust assets or income in a divorce, the states where and the circumstances in which claims cause the greatest depletion of assets, and estate planning to minimize loss. Please Note: Attorneys may not receive credit for viewing the same program more than once within a 12 month period.


  • Division of trust interests in divorce and estate planning considerations
  • Types of interests in trusts – what types of rights are subject to division and which are not?
  • Determining when an interest becomes separate and subject to a divorcing spouse’s claim
  • Understanding the intricacies of valuing a trust in a divorce – what portion of appreciation is subject to division?
  • Special issues in multi-generational trusts
  • Multijurisdictional issues in the division of trust assets


For more information about ISBA's Teleseminar programs, please visit:

Program Speaker:
Missia H. Vaselaney
, Taft, Stettinius & Hollister, LLP, Ohio


Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.