Legal Question in Family Law in Massachusetts

Re: trust and wills

She should not be able to do this without a court order. Your privacy rights are at stake. You are not required to leave anything to anyone by law and can change your will as often as you like. Likewise, your trust may be subject to modification. If you are served with a subpoena, you should go make a motion to the probate court to quash the subpoena. Contact me if you wish to discuss the specifics of your case.

Re: trust and wills

The prior answer is simply incorrect.

If your son has copies of these documents, he must provide them to opposing counsel via discovery.

If your son has no copies, her attorney can require you to attend a deposition, and to bring copies of the trust documents. To avoid this, the court will sometimes allow a limited affidavit to be presented, outlining your son's potential inheritance.

This is absolutely standard in divorce cases that include elderly parents with a likely estate, and in addition a long-term marriage.

You have the legal right to seek a protective order in the court, but you probably will not get one.

In conclusion, yes, the daughter-in-law has a right to disclosure of likely future inheritances, and you can be subpoenaed in order to provide that information.

If you would like assistance in limiting your disclosure, please feel free to contact me.

Gregory P. Lee

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