An individual in Massachusetts who is getting a divorce might wonder what their spouse's rights are regarding an inheritance. In general, a person's inheritance is considered separate property if they keep it separate from joint accounts. However, a third party trust might be considered marital property.
One way around this is for asset holders who are creating the trust to clearly state that the funds in the trust should not be considered for alimony purposes or as marital property. It is also necessary that the beneficiary of the trust should not use the assets for shared purposes since that could negate those clauses.