Curt F. Pfannenstiehl v. Diane L. Pfannenstiehl, 475 Mass. 105 (2016)

In prior proceedings of this Massachusetts Supreme Judicial Court case, the Probate and Family Court of Norfolk County entered an amended judgment of divorce awarding Diane 60% of Curt’s interest in his father’s trust. The Appeals Court affirmed, but on August 4, 2016 the SJC vacated and remanded, holding that Curt’s remainder interest in his father’s trust was a mere expectancy and was thus not assignable to the marital estate. Although Diane argued that the ascertainable standard and standard of living analysis would give Curt a presently enforceable property right, the Court found Curt’s right to distributions too speculative. Curt was one of eleven beneficiaries in an open class subject to future beneficiaries, and distributions had not been equal by year or by beneficiary. The trust was therefore a mere expectancy of future assets and income in determining the division of property. The order was vacated and the case was remanded back to the Probate and Family Court.

Summary by: Kathryn E. Szewczyk, Bowditch & Dewey, LLP, Worcester, Framingham, Boston, Massachusetts