Legal Question in Wills and Trusts in Massachusetts
My husband and I are seperated, headed for divorce. His mother died recently,how could I get a copy of her trust?
2 Answers from Attorneys
Assuming you are a beneficiary under the trust, you should contact the attorney handling the estate and/or the Executor of her estate.
Also, I strongly recommend you contact a divorce attorney so your potential inheritance is protected as much as you can from inclusion as part of the marital estate for division. You may want to speak to a divorce attorney in advance of contacting the Executor or Attorney handling your mother's estate.
I agree that you should reach out to your mother-in-law's attorney to determine whether you were a beneficiary under the trust. If you were, you would have the right to review the trust document.
I also strongly recommend that you speak with a divorce attorney. You will want to make sure that any inheritence on the part of your current husband is accurately documented, and that you make sure that your husband's assets or income are properly documented and considered in any eventual division of the marital estate.
Our office charges a flat fee for complete representation in uncontested divorce petitions, and reasonable hourly fees for contested divorces. Please feel free to contact my office if you would like to discuss your options.