Massachusetts laws regarding the care, custody and maintenance of children of divorcing or never-married parents specifically address the issue of health insurance, presumptively placing the burden of providing health coverage for an unemanicpated child or children on the person who is obligated to pay child support. The statute applying to children of divorcing parents (Massachusetts General Laws Chapter 208 Section 28) and the statute applying to children of never-married parents (Massachusetts General Laws Chapter 209C Section 9) each state as follows: "When the court makes an order for maintenance or support of a child, said court shall determine whether the obligor under such order has health insurance or other health coverage on a group plan available to him through an employer or organization or has health insurance or other health coverage available to him at a reasonable cost that may be extended to cover the child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of the child or obtain coverage for the child."
Many individuals serve as a co-trustee of a trust, such as a family trust holding real estate or a trust of a parent or close friend after their death. Individuals who serve as a co-trustee or, more importantly, are contemplating serving as a co-trustee or successor trustee should be aware of a significant change since the enactment of the Massachusetts Uniform Trust Code ("MUTC") on July 8, 2012, specifically a change concerning the number of trustees that must agree to act when performing their fiduciary duties.