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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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Could you advise me on the following? Context: We have been

Customer Question

Could you advise me on the following?Context:We have been living together for the past 34 years at the same address.Jane has significant assets. I do not.Jane's assets have been placed in an irrevocable trust three years ago.Jane's son has a power of attorneyIf we were to marry, (it is scheduled for tomorrow) what are the consequences for me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Customer: replied 1 year ago.
Thank you
Expert:  Maverick replied 1 year ago.

Because she no longer owns the assets placed in the irrevocable trust, you would not be entitled to those assets even if you later divorced under MASS law.

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Customer: replied 1 year ago.
P.S. Massachusrts does not allow common law marriage
Expert:  Maverick replied 1 year ago.

Yes, you are correct. Unlike some other states, in Massachusetts a couple cannot acquire marital rights and responsibilities by living together for a particular period of time. This would also mean that you could not argue that 1/2 of what Jane placed in the trust belongs to you under a theory of common law marriage.

Customer: replied 1 year ago.
My concern is with the son's DPOA. Can he override any rights that I might have as a husband?
Customer: replied 1 year ago.
Are you an attorney based in Massachussets?
Expert:  Maverick replied 1 year ago.

No. I will opt out and let a MASS lawyer assist you...

Customer: replied 1 year ago.
Thank you.
Expert:  Phillips Esq. replied 1 year ago.

A different Professional and a licensed Massachusetts Attorney.

I have reviewed the previous Expert's responses and I agree with them.

As far as DPOA and your rights as a husband, could you be more specific on what you are referring to?

Thank you for your cooperation,

Customer: replied 1 year ago.
Thank you . Bill and Jane are a married couple. Jane's son has acquired a power of attorney. Does this mean he has control over Jane's assets?
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:

Bill and Jane are a married couple. Jane's son has acquired a power of attorney. Does this mean he has control over Jane's assets?

Response: Yes he does. However, Jane can still act on her own behalf. The son's Power of Attorney does not override the mother's rights to act on her behalf if she is still competent to do so.

Customer: replied 1 year ago.
Thank you. Does this mean he can go and write checks on her accounts?
Expert:  Phillips Esq. replied 1 year ago.

Yes, he can on his capacity as the DPOA. The checks must be for the benefits of the Principal, Jane.