Legal Question in Elder Law in Massachusetts

My husband drowned (commercial fishing boat in Oregon) and a wrongful death suit was filed. I lived in Massachusetts and we were divorced at the time-although married for 11 years. The trust from that settlement was placed in my children's names to avoid IRS garnishment. The funds were 'cashed out' in 2010, and I was excluded from any monies. My children then stated that they wanted no contact with me. Since I never established a notarized legal document regarding the 'monetary disbursal', do my children owe me my rightful share? I was 62 years of age when the settlement was 'cashed out', and I am now 66 years of age. I believe I have been unfairly taken advantage of. Please advise. Thank you.


Asked on 8/10/14, 5:32 am

2 Answers from Attorneys

You are not entitled to anything from

The settlement as your divorce eliminated all of your spousal rights. Unless your divorce decree entitled you to a claim against your ex-husband's estate you are not entitled to any compensation from his estate.

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Answered on 8/10/14, 5:41 am
Denise Leydon Harvey Harvey Law Offices

I agree with Attorney Roth. The accident occurred after your divorce, so you are not entitled to any of his settlement. Sorry.

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Answered on 8/11/14, 7:29 am


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