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#1 Momdukes1961

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Posted 07 December 2012 - 10:02 AM

Massachusetts question

My aunt left a house in trust for a few of us. In that trust it does not allow to promise , sell , gift etc to anyone. My question is this :


Can one of the recipients "will" her share to others while still in trust ?

Can any of the recipients in the will contest this ?

Thank you for your time

#2 FindLaw_Amir

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Posted 07 December 2012 - 12:22 PM

To learn more about trusts, you may want to visit the Estate Planning Center and read Trusts as a good resource. You may also wish to consult with a local Massachusetts Trusts Lawyer for clarification.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#3 knort4

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Posted 10 December 2012 - 08:07 AM

It would do you no good to even try to contest that provision, because you would lose--you would have no legal grounds to stand on. It was her wish that the property not be sold to anyone. Have you looked at the trust to see what will eventually happen to the home or what her stated wishes are if something should happen to the beneficiaries? You may be able to sell your share of it to another beneficiary if the other beneficiary would agree to buy it.

#4 Momdukes1961

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Posted 11 December 2012 - 09:42 AM

There are 4 ....I want to contest the part of the other beneficiary willing his part of the trust to others before the house is sold ,. The home will be sold and divided among 4, the 4 names in the trust . It clearly states in the trust that you cannot " Promise , sell or gift " your portion , so why is it gifted / promised to beneficiaries of the other recipient when the house is still in trust ?

Can they do that ?

#5 Fallen

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Posted 11 December 2012 - 10:08 AM

"Can one of the recipients "will" her share to others while still in trust ?"

I don't see why not. Someone's free to spend a ton of unnecessary money arguing over what "promise" means (it is not a "gift" when someone makes a will noting that any ownership interest they don't actually own (the trust owns it) would go to X. And it may even be a defective bequest in that the trust may say if any of the beneficiaries kick the bucket before the trust terms are effected (the property sold) that the remaining beneficiaries split the whole.

The law won't keep someone from referencing what is a beneficial interest in the trust (or this property, even if mistakenly characterized that way) in his/her will just in case they kick the bucket before the property is sold by the trust and the proceeds distributed to the named beneficiaries.

And I simply cannot fathom why anyone would give a damn in the first place. You say the trust terms are to sell the property and divide the proceeds among X people. So long as you get your share, what do you care?

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 harrylime

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Posted 11 December 2012 - 10:09 AM

There are 4 ....I want to contest the part of the other beneficiary willing his part of the trust to others before the house is sold ,. The home will be sold and divided among 4, the 4 names in the trust . It clearly states in the trust that you cannot " Promise , sell or gift " your portion , so why is it gifted / promised to beneficiaries of the other recipient when the house is still in trust ?

Can they do that ?


Sure, the trust beneficiary can do whatever the trust beneficiary wishes. That doesn't mean that whatever the trust beneficiary does is effective. You can't gift or dispose of in a will what you don't own.

If the home is going to be sold by the trustee and the proceeds distributed to the beneficiaries, what's the big deal? Once the beneficiaries receive their share of the proceeds, the beneficiaries can do what they wish.

#7 Momdukes1961

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Posted 11 December 2012 - 01:05 PM

Thank you

#8 Momdukes1961

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Posted 21 December 2012 - 11:03 AM

I did not see the last response


First of all "harrylime' it is a big deal to me , how and why is not the matter here, for I was asking a question not for a personal retort or own feeling of 'whats the big deal'. Oh and "Fallen" there is far more "personal" to it , considering as rude as it was and offensive to reference "kicking the bucket " . How insensitive.

So I guess I am looking for a "Good " Lawyer that will fight for me.

I dont need sarcasm , I have plenty of my own thank you.

Dirty laundry is in private

Merry Christmas

#9 Fallen

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Posted 21 December 2012 - 11:29 AM

You'll need a legal argument vs. finding something that doesn't affect the outcome as it relates to you objectionable to challenge something.

I presume "sarcasm" refers to someone else's post. I don't recall being sarcastic. At any rate, I'm sorry you took offense to my replacing any reference to death as kicking the bucket.

"So I guess I am looking for a "Good " Lawyer that will fight for me."

The message boards wouldn't be the place to do that; you'd use the "find a lawyer" feature here on other similar sites, and local/state bar association for referrals.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#10 FindLaw_Amir

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Posted 21 December 2012 - 11:57 AM

So I guess I am looking for a "Good " Lawyer that will fight for me.


You may wish to use the Lawyers Directory to locate a local lawyer willing to advise you on this matter.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#11 doucar

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Posted 22 December 2012 - 12:13 AM

You do understand that a will is not effective until a person dies. If they are still alive, the will has not taken effect and they still own the interest and there is nothing to fight over.

#12 harrylime

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Posted 22 December 2012 - 04:13 AM

First of all "harrylime' it is a big deal to me , how and why is not the matter here, for I was asking a question not for a personal retort or own feeling of 'whats the big deal'.


Let me put it another way...

The trust controls the property while the property is part of the trust. And, although it would take a reading of the entire trust to interpret the "...not allow to promise , sell , gift etc to anyone...", that frankly sounds like a completely unenforceable provision.

However, you said, "The home will be sold and divided among 4, the 4 names in the trust." Once the proceeds from the sale are distributed from the trust, the trust cannot impose restrictions on what the distributees do with the proceeds.

And, as Fallen and I have tried to point out, a will is not effective until someone actually passes away. Until a person passes away and the will is admitted to probate, the will is only a statement of the testator's desires and intentions. Whether the will's provisions are enforceable only matters at that time.

Put simply, I don't see that there is any present issue for you to pursue. (And, from what little you have provided, I doubt that there will be any future issue to pursue.) A "Good lawyer" will tell you that upfront.

#13 Momdukes1961

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Posted 26 December 2012 - 06:15 AM

The person passed away 4 fours ago . The house is in trust until 2014, the rest of the personal items already divided up.

My issue was that one recipients already willed their portion , a portion that is still in trust that cannot be given , gifted etc per the trust . If that person dies before the trust is actually completed how can they do that ? The recipients will already has their percentage given out before the trust is dissolved ,

That is why I wanted to see if it was something I could fight . There is no stipulation of what happens should one of the beneficiarys die before the trust is resolved .




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