Legal Question in Wills and Trusts in Massachusetts

I have never read a Trust written like the one you have presented, however I would assume the minimum would be as provided under Section 2-102 for an intestate estate (no Will) which provides in relevant part:

(3) the first $100,000 plus 1/2 of any balance of the intestate estate, if all of the decedent�s surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent;

(4) the first $100,000 plus 1/2 of any balance of the intestate estate, if 1 or more of the decedent�s surviving descendants are not descendants of the surviving spouse.

I hope this answers your question. You need to read the trust carefully to determine what is counted in making such an allocation.

Also, you need to read the trust as to whether the money is distributed out right to his Spouse or is retained by the trust and income and principal are distributed based on a formula or need.

If you have any questions, please feel free to contact me in my office.