Category Archives: Trusts

Do You Want To Keep The Cottage In the Family? Plan For It Now

            Have you been to your cottage on the Cape recently?  Or perhaps your place in Maine, or on the lake in New Hampshire, or the getaway in the Berkshires?  Wasn’t it great to see your children and grandchildren, enjoying … Continue reading

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Using Revocable Trusts for Tax Planning

I tell almost all of my clients who are married and have an estate worth more than $1,000,000 to consider using revocable trusts in their estate plan to defer payment of estate tax for as long as possible. This type … Continue reading

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A Trust for All Seasons

One of the rewards of being an estate planning attorney is helping individuals and families put their goals and objectives for their financial futures in effect.  Estate planning is the process one goes through to ensure that his or her … Continue reading

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Balancing the Needs of the Spouse and Children Using Disclaimers

The conclusion of my previous post alluded to an estate planning strategy that tries to balance the needs of the surviving spouse and children as trust beneficiaries by taking advantage of the surviving spouse’s disclaimer rights. This post will discuss … Continue reading

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Tried and True Trust Provisions May Not Always Be The Best Fit

Old habits die hard but recently I have found myself re-thinking some of the basic tenets of tried and true estate tax planning involving revocable trusts. This article discusses one such tenet, with others to follow in subsequent posts. Trusts … Continue reading

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Finish What You Start: Fund Your Living Trust

I have been writing about building flexibility into your trusts and your estate planning in general. Proper estate planning allows you to take care of your spouse, children, and other descendants well into the future, save estate taxes, and protect … Continue reading

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Trust Decanting: Now Authorized in Massachusetts

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Earlier this year the Supreme Judicial Court ruled in Morse v. Kraft, 466 Mass. 92 (2013), that under certain circumstances a Trustee has the ability to decant as part of the Trustee’s power to make discretionary distributions to the trust … Continue reading

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More on Drafting for Flexibility: Providing Guidance to the Trustee

Most Trusts give the Trustee broad discretion in making investments, dealing with Trust assets, making distributions to beneficiaries, etc. Usually the Grantor of the Trust has strong opinions about how the Trust should be used for the beneficiary. Distributions can … Continue reading

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More on Drafting for Trust Flexibility: Powers of Appointment

One of the best tools to provide flexibility for the future is the use of powers of appointment. These can be “general” (appointees can be anyone, including your creditors, your estate and your estate’s creditors) or “special” (limited to a … Continue reading

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Virtual Representation – Say Goodbye to the Guardian Ad Litem?

Before Massachusetts adopted the Massachusetts Uniform Trust Code (MUTC) in 2012, in order to make any binding changes to an irrevocable trust, we would need to petition the court for authority.  Due to the very nature of a trust, the … Continue reading

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