Measuring Value in Trust Interests and Expert Witnesses on Trusts with Gerard Deffenbaugh, Esq. | Episode 112

Trust Interests and Property Division in DivorceIn this episode of Divorce at Altitude, Ryan Kalamaya is joined by estate planning expert Gerard Deffenbaugh to explore the complexities of trust interests in Colorado divorce cases. They delve into the key aspects of how trust interests can be categorized as property, whether separate or marital, and how to approach the valuation of these interests. With a focus on irrevocable trusts, powers of appointment, and discretionary trusts, Gerard shares valuable insights on navigating these financial complexities in divorce proceedings, offering both legal and practical perspectives for attorneys and clients alike.Guest Information: Gerard Deffenbaugh is an experienced estate planning attorney based in Denver. He specializes in estate planning, trust administration, and divorce cases involving trust interests. Gerard regularly consults with divorce attorneys, offering expert opinions on the valuation and division of trust interests, including handling complex issues such as powers of appointment and mandatory income interests.Episode Outline:Introduction to Trust Interests in DivorceOverview of the role trust interests play in Colorado divorces.What Are Trust Interests?Understanding what constitutes a trust interest and how it can affect property division.Irrevocable Trusts and Remainder InterestsExplanation of irrevocable trusts and what a remainder interest means.The Impact of Trust Terms on Property DivisionKey considerations when determining the marital property component of trust interests.Powers of Appointment in TrustsDefining powers of appointment and how they affect the distribution of trust assets.Discretionary vs. Mandatory Income TrustsUnderstanding discretionary trust interests and how trustees control income distributions.Contingencies and Valuation in Trust InterestsThe concept of contingencies in trust interests and their impact on valuation.Valuation of Trust Interests in DivorceHow estate planning experts work with valuation experts to assess trust assets.Practical Considerations for Dividing Trust InterestsHow divorce attorneys can navigate the complexities of trust interests and property division.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.