Can my husband get any of my trust money if I don't even have access to it until a certain age

Asked over 2 years ago - Cambridge, MA

Am i protected

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Scott D Rosenberg

    Contributor Level 15

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    Answered . 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-... more
  3. John Addison Vos

    Contributor Level 15

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    Answered . 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... more

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