Billerica, MA asked in Estate Planning for Massachusetts

Q: If my husband acquires material property from a parent, can he now put those items in a trust without naming me in it?

I am afraid my husband will leave me out of his trust due to the acquisition of property he and his sister just inherited from his father due to his death.

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1 Lawyer Answer
Joanne Belasco
Joanne Belasco
  • Wilmington, MA
  • Licensed in Massachusetts

A: A spouse can create a trust for him or herself without including the other spouse in it as long as that property belongs only to that person. If a husband inherits property he may create his own trust unless there was a stipulation with the inheritance that he had to include his wife as a beneficiary in some way. Please feel free to contact me to discuss this issue further.

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