Billings v. Billings, Sr.

Reiber, C.J.,

¶ 32. concurring and dissenting. I agree with the majority’s holding that a beneficial interest in a revocable trust is essentially equivalent to an interest in a will, and therefore a mere “expectancy” that must be excluded from the marital estate. Ante, ¶ 18. I disagree with its corollary holding that such an “expectancy” may nevertheless be considered in dividing the marital property. If speculative interests of this nature are unworthy of being included within the marital estate, I see no grounds for their legitimate consideration in assessing a party’s “opportunity ... for…