Planning for Life

Which Spouse is the "Spouse" in the Trust?

Posted by Harry S. Margolis on March 23, 2021

By Harry S. Margolis


A recent Texas case, Osche v. Osche, shows the benefit of using names when drafting rather than terms such as "spouse." In 2008, Amanda Hurst Ochse created an irrevocable trust for the benefit of her son, William W. Ochse III, his children, and his "spouse." For almost 30 years, he had been married to Cynthia Cadwallader Ochse. However, they got divorced in 2012 and in 2015, William married Carol Osche.

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Topics: irrevocable trust, rules of construction

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