Legal Question in Wills and Trusts in Massachusetts

Re: realty trust

More information is needed here. Does your husband already OWN the property, or is he merely expecting an inheritance down the road someday? You cannot change the title to property which you (or he) do not already own.

It sounds like you'd be wise to consult an attorney, since I suspect there's more going on here than meets the eye. Please feel free to call me if I can be of assistance.

Re: realty trust

Simply put, this is a matter for you and your husband. Once property is given to a beneficiary, it is up to the beneficiary to decide whether there are any unwritten restrictions which should apply. There could be good and bad reasons for a family not to want a daughter-in-law to have an interest in property. There could be very good tax reasons for a spouse to have an interest in trust, particularly for a property which might be subject to estate tax in Massachusetts or at the federal level.

Speculating, many families fear that divorce might cause property to pass outside of the family. The counterargument is that other things can result in the same outcome. It might make sense for your husband and his family to discuss their concerns, and involve you at an appropriate point.

If you need legal assistance, which your question does not seem to require, please feel free to contact me.