Legal Question in Family Law in Massachusetts

My son is getting divorced and will have to pay child support for ~18 years and lifetime alimony in Mass. My wife and I are both in our mid 60's and retired. Our Wills say that all our assets will be sold and put into trust with our son getting 10% of the total for 10 years, possibly as much as $100K/yr. How do we change our trust/wills so that his ex-wife will not be able to claim increased alimony and child support when we both die?


Asked on 11/19/10, 4:57 am

2 Answers from Attorneys

Roderick Oreste Oreste Law

A trust is the best strategy to insure that assets are distributed for the purposes and to the people you want to benefit. There are various ways that you may be able to avoid the money in the trust from going to the ex-wife such as instructing the trustee within the trust to distribute the money for specific purposes . However, with the amount of money you're son could potentially receive annually, the estate planning documents should be reviewed by an attorney and/or amended to make sure that your estate is properly protected here.

I would be happy to answer any further questions you may have and review your estate plan if you desire.

Sincerely,

Roderick S. Oreste, Esq.

617-871-9662

[email protected]

www.orestelaw.com

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Answered on 11/24/10, 5:42 am

There are a number of ways to stop the money from being allocated for alimony and generally inheritance after divorce should not be calculated as income for determining alimony. Apart from structuring the trust in such a way that it only pays for certain things for your son , there are others as well and the best way forward can be determined once all the information regarding your son's financial situation are determined.

You should contact an attorney to review your estate plan and if there is a separation agreement or divorce decree for your son, then a copy of that should be given to the attorney as well.

I do not know how long your son was married or what his financial situation is, but it is very rare for marriages of less than 10 years to result in alimony for life of the wife. If your son has been married more than 10 years, he might have to pay alimony for life, but courts prefer property settlements to alimony. If your son does not have an attorney get him one ASAP.

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Answered on 11/24/10, 7:50 am


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