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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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My husband died and left me his share of the marital trust

Customer Question

My husband died and left me his share of the marital trust in his will. Is that something I am entitled to even though the trustees refuse to sell the property? He died 3 years ago.
This took place in Massachusetts.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, what governs are two factors. First, what governs is exactly how the trust is drafted and written. Second, it is based on the instructions left for the trustee. The trustee is ultimately responsible for maintaining the trust as per the trust language, which includes transferring assets out to the beneficiaries, but first the trust has to pay off taxes and interest, protect itself, and likewise follow the language in the trust itself. For example if the marital trust states that no disbursement is possible until 2025 or until the trust doubles in value, then the trustee cannot transfer value to you because the trust bars it. Without reviewing the language of the trust I cannot give you a yes/no answer, but if you have actual shares, then historically you are entitled to that percentage of the value of the trust, once the trustee is able to transfer the property or value.
Dimitry, Esq.