Trust Principal Not Included in Marital Estate – In the same case, see above, the husband was the beneficiary of a certain trust. The Appeals Court upheld the Probate Court judgment that the trust was not part of the marital estate because the husband “does not have a present, enforceable right to use the principal of the trust.” Further supporting the Probate Court conclusion, the Appeals Court noted that the terms of the trust gave trustees exclusive discretion to make payments from principal and, therefore, the husband’s interest in the trust principal was “too remote or speculative” to be included in the marital estate. Burr v. Burr, 73 Mass.App.Ct. 1105 (Unpublished) (November 18, 2008).
Attorney Jonathan Fields of Fields and Dennis, Wellesley, Massachusetts is a family law and divorce lawyer serving the Greater Boston region.