Legal Question in Wills and Trusts in Massachusetts

Ex-spouse died without a will; minor child is sole heir

My ex recently died without a will, leaving our 17 year old as sole heir. Our divorce decree states that an "inter vivos" support trust be funded upon death for the benefit of the child through age 23 if a full-time student. This did not happen. At the time of death, child support was several months in arrears. What can be done about support owed now and in the future? The inheritance will be significant. Can a trust be set up for education, support, etc., to disperse at age 23 or later, instead of paying out at age 18? I have been assigned legal guardianship and assignment as administrator is pending.


Asked on 7/27/00, 11:12 pm

1 Answer from Attorneys
Stuart Williams

Re: Ex-spouse died without a will; minor child is sole heir

I'd like to see the decree and the document showing your ex's agreement to that decree. There might be a way to enforce it still.

UTMA allows certain transfers to a child to be held until age 21 instead of age 18. (Others are done for age 18.) If you haven't hired a lawyer for this purpose, you should and you will find that there is some some practical advice you can get from a lawyer that might make this 'problem' seem like less of a problem.

There are also certain circumstances under which a guardian can tie up funds for a longer period of time and keep them out of reach of a child. Contact a lawyer who deals routinely in estate planning. You may contact me personally if you like, by e-mail or else by telephone (617)527-0050, if you don't know someone locally you can trust with this issue.

What do you mean by 'significant' inheritance?

Whatever you do, don't talk to your son about this matter until you've got solid legal advice.

Read more
Answered on 9/12/00, 6:09 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts