Am i protected
Divorce / Separation Lawyer
It depends upon many other factors in your case, but from the facts you have given me, if you don't have access to that money now and you get divorced before you have access then it may be difficult if not impossible for him to access it. That being said, there are many other issues you must explore with your attny such as whether your husband relied upon that money by other means and did the fact that you are going to get that money at 45 alter your financial decisions. This is a complicate and interesting question which I strongly recommend that you sit down with a trust and estates attny prior to making any decisions, there are many great ones here on avvo. However, if you are planning on getting divorced no matter what, then his access is a moot point because he either will or he won't but you deserve to be happy regardless. Take good care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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Wills and Living Wills Lawyer
It is impossible to definitively answer that question without actually looking in the trust, but it is highly unlikely.
Normally age restrictions like this are found in lifetime gifts in trust from older relatives or in testamentary trusts where a young person inherits significant money from someone's estate. In either of those cases, it would be highly unusual to include a current or eventual husband as a beneficiary. If the trustee has any discretion beyond what is mandated, the fact that the trustee hasn't exercised it in favor of you suggests it is unlikely s/he would do so for your husband.
Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any readerâ€™s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.
7 lawyers agree
Probably not. Unless the trust document has some unusual language, your husband would not have any greater rights to funds until you do. Take the trust to any local estates and trust attorney to help you read it and sort this out.
This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.
5 lawyers agree