Comments on: Contesting a Trust in Massachusetts | How the New MUTC Works

By: Tim McNamara

Tim McNamara — Wed, 19 Aug 2015 13:45:07 +0000

Hello Ruth,

The trustee of a trust is a fiduciary, meaning it is the trustee’s responsibility to see to the beneficiaries’ interests over and above his own. While this does not technically include furnishing a copy of the trust, in my experience a beneficiary will almost always receive a copy. At a minimum, the beneficiary of a Massachusetts trust can demand an inventory and account of the trust to learn the property within the property and what is being done to manage said property. The logical next step for your husband would be to hire an attorney to help expedite and facilitate the release of some of this information. Call my office if you need any specific assistance in this regard.

Thanks,
Tim

By: Ruth Valeska

Ruth Valeska — Mon, 20 Jul 2015 18:38:53 +0000

My father-in-law left a house in Kennebunkport, Me. in a realty trust and the rest of his property in a family trust in Massachusetts. He drafted it as a ‘spendthrift’ trust. He died in 2002 and his lawyer was named as trustee. My husband has never seen a copy of the trust so we don’t know how it was set up. The lawyer said he didn’t have to let my husband have anything, but would try to conform to the spirit of his father’s wishes. We requested he sell the property (his son wanted it) and use the money for an annuity to begin when my husband turned 62. We thought he had done so as we receive monthly income from the annuity, but recently found out the Kennebunkport property is still in the name of the realty trust. Is this normal? The lawyer is also listed as the owner of the annuity, with my husband as the beneficiary. Is this also normal?

By: Tim McNamara

Tim McNamara — Mon, 15 Jun 2015 20:38:33 +0000

In reply to June. Hello June, Where you have an attorney already working on this matter, my advice is that you consult with him on this question.

By: June

June — Sun, 17 May 2015 21:13:41 +0000

My boyfriend signed papers of a living trust, brought to him by his wife and a financial planner, when he was dying in the hospital. He was of sound mind and alert at the time. Bu, he said he really didn’t understand what a living trust was other that it would eliminate probate court and the ensuing time factor delay it would cause. Several weeks later, he made out a will naming me in it, along with his wife and son. He gave me a copy of it. Now that he is deceased, my lawyer is filing it. We had an intimite relationship for 15 years together. He and his wife lived in the same house but the marriage had broken down about 20 years ago and they never even slept in the same bedroom anymore. He described her as a “roommate.” Would the court recognize my “standing” in the trust?” Any advice?
June

By: Tim McNamara

Tim McNamara — Tue, 03 Jun 2014 16:01:24 +0000

In reply to Dawn C..

Hello Dawn,

Please call our office for specific answers to your question, as this website is available for public viewing. I can tell you that a trustee generally has the power to buy or sell anything he or she wants on behalf of the trust’s beneficiaries, but buyers in real estate transactions require beneficiary assents or a statement that they do. Also, it would be particularly difficult in most cases for a trustee in a simple trust to explicitly violate the beneficiaries’ stated interests, unless the beneficiaries were somehow disabled.

By: Dawn C.

Dawn C. — Tue, 03 Jun 2014 13:13:56 +0000

My hub has a realty trust. He owns 70 percent and his son owns 30 percent. His son was made trustee a couple of years ago while my hub was sick. How difficult is it to remove him as trustee and can he sell the property the trust owns without my hub’s consent?

By: Tim McNamara

Tim McNamara — Tue, 28 Jan 2014 20:51:04 +0000

In reply to Erin Rham.

Hello Erin,

The compensation of a trustee depends on many factors. We do not provide legal advice on the public webpages of this site, so please call the office if you are still seeking guidance.

Thanks,
Tim

By: Erin Rham

Erin Rham — Tue, 21 Jan 2014 11:02:49 +0000

My mother recently passed away – I have inherited 1/4 Mass family trust from her estate. My dad and his 4 brothers (Equal Partners) started trust 40+ years ago. Within the trust we have multiple commercial rental properties.
Only one original brother remains – he is trustee. Although he has been property management all these years he recently formed a LLC (Him and his 2 children) and then hired his company to manage the trust properties with a VERY GENEROUS COMPENSATION package.
We feel that this is a conflict of interest and want him to either negotiate the compensation package with us or remove his LLC. We are not opposed to his children managing the trust we are just opposed to the terms of the contract that he has executed. 4 of the 5 beneficiaries believe he has breached his duties to us.

By: Tim McNamara

Tim McNamara — Tue, 05 Nov 2013 20:26:09 +0000

In reply to ann marchillo.

Hello Ann,

I am not sure you asked a question, but to the extent you did, I would recommend you give our office a call.

Tim

By: ann marchillo

ann marchillo — Fri, 18 Oct 2013 20:57:59 +0000

i have a question. how does one locate the attorney who prepared a trust for a now deceased relative. this relative at age 91 living in an assisted living facility was made to make out a new will. having had a stroke and speech impaired and coming down with cancer there is no way he would be making out a new will. his affairs were all in order upon entering this facility. there is more to this,but why doesn ‘t the state do more to help the beneficiaries. i live in ca. so it’s near impossible to do anything. the trust has probably been destroyed by the person who took advantage and had him sign a newe will plus he had macular degeneration so he would not know what he was signing though the attorney said he knew. i very much doubt that seeing as the attorney is a friend of the beneficiary of the new will. etc.