Safeguard Trusts from Future Ex-Spouse of Beneficiary
Jan 05, 2016
Martin M. Shenkman
Trusts are ubiquitous in planning, and one of the most common motivations for the
use of trusts is to minimize the risk that a future divorce of a trust beneficiary will
A recent Massachusetts case, Pfannenstiehl v. Pfannenstiehl, potentially
undermines the use of trusts to safeguard assets from attack in divorce in
Massachusetts. But practitioners in many other jurisdictions should consider the
warning signs of this case. Whether or not the case was appropriately decided, it
highlights many practical steps practitioners should take in all jurisdictions to make
trusts safer from attack by the future ex-spouse of a beneficiary.
Read his commentary here.