Popovitch Law LLC

Greater Boston Divorce and Family Law

617.863.7847

CAMBRIDGE, MASSACHUSETTS

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    • Lauren N. Popovitch, Esq.
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Inheritance and Trusts

Attorney Popovitch, founder and managing partner of Popovitch Law LLC, has helped numerous clients navigate separations, divorces, and asset divisions involving inheritance issues and trusts. Whether these matters are simple or complex, it is critical to have experienced counsel. some issues that may arise in Inheritance and trust cases include:
 
Expectancy Interest:
 
Massachusetts Courts have consistently held that a future expectancy interest in a living person’s modifiable (i.e. revocable) will or estate plan cannot be divided in a divorce. If a spouse is a beneficiary in the will of a person who is alive at the time of divorce, this is a mere expectancy interest and is not an asset that is subject to division between the parties at the divorce. However, the Court will consider each party’s opportunity to acquire future income and assets when the Court divides the marital estate between the parties. Thus, one party’s expectancy interest in a future inheritance can influence the division of assets in a Massachusetts divorce. The Massachusetts divorce statute requires the Judge to review fourteen mandatory “Rule 34” factors when determining the division of assets. One factor is The opportunity for each party to acquire future acquisition of capital assets and income.
 
Spendthrift Trust: 
A spendthtrift trust restricts the beneficiary’s access to the trust principle. In a recent case from the Massachusetts Court of Appeals, Levitan v. Rosen, addressed the inclusion of a spendthrift trust in a divorce action.  The Court ultimately held that, in the case of this spendthrift trust ( in which the wife had an annual right to withdraw 5% of her share of the trust principal), the wife’s entire interest in the trust was part of the marital estate:
 
“Here, by contrast, the wife’s share of the trust is not susceptible to reduction (as she is the sole beneficiary of her share presently held in trust), the beneficiary class is closed, and the ‘primary intent’ of the trust is to provide for the wife rather than for subsequent generations. Accordingly, the wife’s trust interest in this case is sufficiently distinguishable from those deemed mere expectancies….” 
 
Nonetheless, the Court concluded that. because the wife’s entire interest in the trust was subject to the trust’s spendthrift provision, the entire interest must be distributed exclusively to her, without any equitable division. The case was remanded to the trial court to decide the equitable division of the remaining marital assets (i.e., the husband’s retirement account).

Lauren Popovitch, Super Lawyers
Avvo Superb Divorce Attorney
10 best in client satisfaction - American Institute of Legal Counsel

Avvo Clients Choice - Family Law Attorney

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  • "I highly recommend Lauren to you not only because I had a wonderful experience, but also, I truly believe everyone who are seeking for an attorney would benefit from such a strong advocacy. Lauren is an excellent negotiator and use every best strategy to fight for client’s best interests. She comes well prepared for trial and I am so thankful to have her in my corner...

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  • "If you are facing a tough and contentious divorce process where you need someone who will advocate tirelessly for you and make sure you aren’t taken advantage of, Lauren Popovich is the right lawyer for you...

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  • "It is very hard to find an attorney that truly cares for their clients. Lauren is a dedicated and very responsive attorney. She takes the time to focus on the details and does what's best for her clients. she is very knowledgable and never allows other attorneys to strong arm her..."

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  • "Lauren was confident and assertive in dealing with a very difficult and tense situation. In the end Lauren’s knowledge and tenacity led to a fair settlement commensurate with my income, which was all that I could ask for and far less than I was facing. If you’re looking for great representation...

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  • "Lauren invested considerable time researching my situation and listening to my story. I consider her a friend and more importantly feel she has my (and my children's) best interest in mind when she is negotiating or slinging arrows at my spouse...

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  • "I could not be happier with the representation that I received from Attorney Popovitch. Lauren is honest, knowledgeable, professional, and was determined to deliver the best possible outcome for me during my divorce, and she did. I echo others comments here regarding...

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Personalized Attention

It is Lauren Popovitch’s priority to ensure that each client receives timely communication and guidance at every stage of the legal process. Popovitch Law LLC serves clients throughout the Greater Boston and Metrowest area.

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CALL: 617.863.7847
EMAIL: lauren@popovitchlaw.com

We are here for you 24 hours a day, 7 days a week

Super Lawyers

Avvo Top Attorney - Divorce

10 best in client satisfaction - American Institute of Legal Counsel

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2294 Massachusetts Ave, 2nd Floor
Cambridge, MA 02140
Office: 617.863.7847
Fax: 617.963.8137

Popovitch Law LLC serves the Commonwealth of Massachusetts and the entire Greater Boston region including all towns and cities within Essex, Middlesex, Norfolk, and Suffolk Counties. Our office is located in Cambridge conveniently serves the neighboring communities of Arlington, Ashland, Boston, Brookline, Cambridge, Dedham, Canton, Dover, Framingham, Holliston, Hopkinton, Lexington, Marlborough, Milton, Natick, Needham, Newton, Salem, Somerville, Sudbury, Walpole, Waltham, Wayland, Wellesley, and Weston.

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