Legal Question in Real Estate Law in Massachusetts

real estate trust

to protect a property from creditors or from people knowing who owns it please tell me what kind of trust would apply.

thank you


Asked on 12/16/99, 2:36 pm

3 Answers from Attorneys

Re: real estate trust

Would you like me to put some real estate into trust for you?

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Answered on 1/19/00, 2:20 pm

Re: real estate trust

What are you trying to do? Any specific fear you have? -- Stuart Williams, tel. (617) 527-0050.

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Answered on 2/11/00, 9:25 pm

Re: real estate trust

Massachusetts has a variety of real estate trusts and the like, which we call title-holding entities. There's a decision tree for choosing the one best for a particular set of needs.

The most popular choice is unique to Massachusetts; it is called a "nominee trust"; one major purpose of such a trust is to keep information about the true owner of real estate out of the public records, which is does quite nicely.

I set up nominee trusts for my clients quite routinely. Besides privacy, they are also useful for certain estate planning and asset protection needs. I sometimes use other entities, though.

If you are doing so for creditor protection, that would engender a discussion. What creditors and upon what grounds might such creditors try to attach your property? There may be some alternatives to consider, or it may be that a nominee trust is exactly what you need.

You may call me toll-free if you like, at (888)527-0050 during business hours if you're serious about doing something with your property.

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Answered on 12/17/99, 1:29 pm


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