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To contest a trust, you must file a lawsuit in the Probate or Superior Court. Living trusts are complex documents which require an even higher level of testamentary capacity than a will.
within 30 daysPer Massachusetts trust law, a trustee must share their contact information with trust beneficiaries within 30 days of taking control of the trust.
Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since March 2021. He served as a circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia
Rachael Splaine RollinsRachael Splaine Rollins (born March 3, 1971) is an American lawyer and politician who is the United States Attorney for the District of Massachusetts. Rollins was formerly Suffolk County District Attorney in Massachusetts, which includes the municipalities of Boston, Chelsea, Revere, and Winthrop.
A trust can be contested for many of the same reasons as a will, including lack of testamentary capacity, undue influence, or lack of requisite formalities. The beneficiaries may also challenge the trustee's actions as violating the terms and purpose of the trust.
If we think about the basics of Trust law, a proprietary right to Trust documents seems to make perfect sense. Under a Trust, a legal person holds property or assets for the benefit of another. That is, the property has vested in the Trustee, but the true owner is the Beneficiary.
“Trust busting” The Court will be prepared to trust bust where the previous expectations of everyone involved in the trust have been drastically altered by the relationship breakdown, such as where one party can no longer share in the income derived from the trust assets as intended.
Can a trustee refuse to pay a beneficiary? Yes, a trustee can refuse to pay a beneficiary if the trust allows them to do so. Whether a trustee can refuse to pay a beneficiary depends on how the trust document is written. Trustees are legally obligated to comply with the terms of the trust when distributing assets.
The 65-day rule relates to distributions from complex trusts to beneficiaries made after the end of a calendar year. For the first 65 days of the following year, a distribution is considered to have been made in the previous year.
In most cases, a trust deed generally offers two processes for the removal of a beneficiary. Most commonly, the beneficiary can sign a document to renunciate all interests as a beneficiary. Otherwise, the trustee may have discretionary power to revoke the beneficiary.
Whether preparing the paperwork to file on your behalf or personally serving in the capacity of a trusted guardian or conservator, Attorney Ciaffoni is ready to assist you.
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A trust is a legally binding arrangement whereby a settlor transfers title to another person, the trustee, for the benefit of a third, the beneficiary. Trusts in Massachusetts are governed by the Massachusetts Uniform Trust Code, codified at G.L.c. 203E.
The Real Estate Bar Association of Massachusetts (REBA) Title Standard 33 also addresses conveyances of real property made by trustees. The Title Standard states that “title derived from a conveyance … by the trustee or trustees of record of a non-testamentary trust is binding on the trustee ...
For trustees, the administration of a trust may include conveyancing real property. Statutory optional fiduciary powers under G.L.c. 184B, §2 include the power of a trustee “to sell, exchange, or otherwise dispose of the property” (G.L.c. 184B, §2 (1) (f)).
The REBA title standard encompasses all non-testamentary trusts, including nominee trusts. To convey property, trustees use instruments called trustee’s deeds, which take their name from the granting party (trustee) rather than the type of warranty of title the deed carries, as in quitclaim deeds or warranty deeds.
One advantage of a non-testamentary trust, then, is that the trust instrument is typically unrecorded, keeping the beneficiary names undisclosed. In nominee trusts, for example, a schedule of beneficial interests is filed with the original trustee and remains off-record. For trustees, the administration of a trust may include conveyancing real ...
Statutory optional fiduciary powers are not implied and must be explicitly granted by the trust instrument (G.L.c. 184B, §2). Purchasers receiving title from trustees are protected under G.L.c. 183, §34, in addition to the trustee’s certificate.