Legal Question in Wills and Trusts in Massachusetts
trust
if a person owns property, and is trusteeof family trust(he is an only child) is getting divorced does his wife have a right to put a lein on the property?or have any claim to it?
3 Answers from Attorneys
Re: trust
It depends upon many facts and circumstances surrounding both the marriage and the trust. You should consult with a competent family law attorney.
Re: trust
If you are both a trustee and a beneficiary of the trust,it's possible that it's part of the marital assets. There are different clauses that can be written into trusts that might take it out of the marital assets such as "Spendthrift" provisions.
Trusts are very specific and it differs in language depending on how it was written so we can't give a general yes or no answer to such a question.
: trust
It depends on how the trust is worded.
The right to impose a lien is within the discretion of the court.
If you want help, contact me.
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