Exclusion of "Illegitimate" Children

[avose]

What is the name of your state?

I live in New York, but the trust in question was established in Massachusetts.

There's a trust that's been in my family for more than a hundred years. My half-brother is a beneficiary; I am excluded. The reason? I'm told that the settlor of the trust, way back in the late 19th century, specified that no illegitimate children could benefit from it. My mother was not married to my biological father. The trustees, a Boston law firm, won't give any further explanation.

I actually did look up Massachusetts state law pertaining to illegitimacy, and it appears that, as my paternity is acknowledged (my father's name is on my birth certificate; he has acknowledged me as his child) I'm not actually illegitimate.

Can someone help me understand why I'm still barred from receiving anything from this trust?

 

[seniorjudge]

I don't think any of us would know.

You need to get a lawyer in the state where the trust is and sue them.

 

[Dandy Don]

Look up a dictionary definition of illegitimacy--it may also have something to do with the fact that when the trust was drafted it was defined as children born to parents who weren't legally married to each other.

 

[nextwife]

THe person who funded the trust had the right to establish any criteria THEY felt important. Maybe they were a very religious person who wanted to create an incentive to his children and their heirs: If you want your kids to to take from this trust, make sure you get married and THEN have children. A trust is not a government entitlement. But as it was THEIR money, not ours, we can't know why they chose to include this clause in deciding how they wanted to pass on their money.