Legal Question in Wills and Trusts in Massachusetts
Breaking a Family Trust
A Family Trust was set up by 3 of 4 daughters, exludes adopted daughter. A Realty Trust (est'd by parents) gives all personal and real property to the Family Trust (mother still living.) Probably no Will established. Can this Trust be broken in Massachusetts?
Asked on 12/27/06, 7:24 pm
1 Answer from Attorneys
Re: Breaking a Family Trust
Depending upon the wording of the family trust, it may be subject to modification by the mother. She might be able to change the beneficiary under the family trust, if so, that would be the easiest way to include the adopted child.
Contact an attorney to review both Trusts and to give the background of the creation of the Trusts. If you can show undue influence or fraud you may be able to break the Trust.
Answered on 12/27/06, 7:33 pm
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