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I live in my husband’s house which is in his name. He became mentally ill (breakdown/bipolar), stole my savings so I am on benefits and after 1 1/2 years of caring for him and went awol in 2020. He tells me that if he dies before me I will be evicted by his daughter as the house is in trust and will pass to her. What is your advice?
Response:
I’m sorry to hear about everything you’ve gone through. Depending on your state, you may or may not have protections upon your husband’s death. In my state of Massachusetts, for example, widows are entitled to a “spousal share” if they are disinherited, but it’s a bit unclear whether this applies to trusts or just to wills.
Given your husband’s mental illness you may be able to argue that he’s not competent to execute estate planning documents, but based on what you describe I think he meets the requirements necessary to do so. In addition, trusts are more difficult to challenge than wills.
On the other hand, in divorce spouses are entitled to a share of all the spousal assets. A number of factors go into how a court might divide those assets, including the length of the marriage. The theft of your pension and savings would no doubt be a factor towards your receiving more than half. So, I think your best bet is to seek a divorce sooner rather than later.
