Legal Question in Family Law in Massachusetts
Divorce and beneficiary in Massachusetts
My mother divorced my father after 44 years. He set up an irrevocable skip generation trust. We came to find out that he did not disclose all his assets and he had some annuities with my mother as a beneficiary. Her lawyer is saying they are 100% hers. The trust attorney claims she is only entitled to 50%.
Any comments appreciated.
2 Answers from Attorneys
: Divorce and beneficiary in Massachusetts
There is a contempt issue. With contempt there are penalties. I think neither lawyer may be accurate. Do process this question, one needs to understand the reasons behind the positions, and this action by the father may impact existing court orders.
Re: Divorce and beneficiary in Massachusetts
Your father's estate is subject to a claim of contempt and fraud for your father failing to disclose all of his assets. In such a case there are penalties.
As to each attorney's position, more information is required to evaluate their positions. It would strike me that if the children and the mother can agree on a solution, that the attorneys will be compelled to respect the solution.
The real question is how would this impact everyone and the tax impact of the annuity on your father's estate.
Please feel free to contact me without obligation if you have additional questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
