Legal Question in Wills and Trusts in Massachusetts

Inheritance and protection in a trust

If i were to create a trust in massachusetts and i were to get married, if a divorce were to come about would my wife be able to claim any of my trust? And also, if i created a trust fund how would that affect the inhertiance tax for whoever was going to recieve it after i died?


Asked on 6/18/05, 1:50 pm

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Inheritance and protection in a trust

If the trust was properly created, the trust property would not be considered part of your "marital property" in Massachusetts. Also Massachusetts does not have an inheritance tax on the recipients of probate property. Rather it has an Estate Tax similar to the Federal Estate Tax that taxes the donor's estate.

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Answered on 6/20/05, 12:15 pm


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