Posts tagged "trust"

Are trust interests part of the marital estate?

The inclusion - or non-inclusion - of beneficial trust interests in the marital estate for purposes of an asset division incident to a divorce is quite often a hotly contested issue. How does one account for a trust interest in a divorce? Did the trustee make any distributions during the marriage? Is the trust terminating anytime soon? If so, for what reason? And if it terminates, what happens to the principal? Is it - or its potential future acquisition - considered property?

Partitioning Real Estate Owned By A Trust

Trustees sometimes face beneficiaries disagreeing about how to maintain real estate owned by a trust, such as a family vacation home. But does a trustee have standing to bring a partition action to sell Massachusetts real estate? Likely not.

As a Trustee, Can You Partition Real Estate Owned by a Trust?

Trustees sometimes face beneficiaries disagreeing about how to maintain real estate owned by a trust, such as a family vacation home. But does a trustee have standing to bring a partition action to sell Massachusetts real estate? Likely not.

MUTC Allows Co-Trustees to Act by Majority Decision

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.

SJC Decides No Retroactive Application in Favor of Adopted Heirs

Adopted children or "issue" cannot take from an irrevocable testamentary trust executed at a time when adoptees were excluded from the definition of "child" in such instruments, despite adoption legislation aimed at achieving precisely that goal, according to the Supreme Judicial Court (the "SJC").

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