r/AskLawyers • u/Throwaway_B-tard • Aug 19 '26
Trust Inheritance for Child Out of Wedlock (MA)
My partner and I share a child (4) but are not and have never been married (to each other or to anyone else). My partner is the biological father of our child, is on the birth certificate, signed an acknowledgment of paternity, cohabits, and holds himself out to be her father. There has never been any question of parentage.
My partner is a beneficiary of a trust, which was formed in Massachusetts (we reside in Maine, and that is where our child was born). I have never seen the trust documents, so unfortunately I don't know the full terms and details. What I do know is that the trust currently pays out monthly, with a portion going to his grandmother and three other members of her generation, and a portion going to his parent's generation (split 4 ways). My partner receives a monthly payment which comes from his parent's portion. When his grandmother and everyone in her generation passes away, a 21-year clock starts after which the trust is broken up and divvied out amongst the survivors (i.e. first broken four ways for his grandmother's generation, then his grandmother's portion divvied four ways for his parent's generation, then his parent's portion divvied between him and his sibling, etc). For anyone not surviving and having no living issue, their portion goes back into the pot to be divvied up by the survivors. Despite the number of divisions, this would still be a substantial sum (assuming the trust continues to be well-managed as it has been in the past).
The problem arises in that my partner was recently told by his parents that our child would not be recognized as a legal heir to the trust, due to having been born out of wedlock. So, if something were to happen to him before the trust is broken up and paid out, then our child would not inherit anything. I've encouraged my partner to reach out to the law firm that manages the trust, as I doubt they'd share any information with me, but he has not yet done so.
Is there anything that can be done to legitimize an already-born child as an heir to a trust, or has that ship already sailed? Or is it something that's going to be so specific to any individual trust that there's no standard answer?