Legal Question in Wills and Trusts in Massachusetts
Cemetery Trust Funds
I manage a municipal cemetery in MA. We have a number of trust funds that are very specific in how the accrued funds can be used. Some dont earn enough to pay for the things that they state should be done and others have balances that vastly exceed what the money from the fund is supposed to do. We would like to tap the oversized funds for some capital improvements eg. paving, equipment. Has anyone run into a situation like this before? What can be done to alleviate this situation? Is there a point in the lifetime of a trust that it has outlived it's usefullness and can be altered?
2 Answers from Attorneys
Re: Cemetery Trust Funds
This question runs into what's known as the Cy Pres Doctrine -- legal Latin for what happens when a charitable trust outlives its purpose. The trust would need to be brought before a court and a request made to dissolve or reform the trust as may be appropriate.
Since the trust was created for the benefit of a government entity, you need to contact the Trustee, your town's attorney and the board of selectmen about what to do next.
Re: Cemetery Trust Funds
While we cannot answer specific legal questions about a specific legal situation (that would be town counsel's responsibility), the Attorney General is in charge of charitable trusts and would have some interest in proceedings in the probate court to reform or amend an existing trust (which would be required in order to protect the trustee from any legal consequences). You might just try calling around to other municipal cemeteries if you haven't already, as their experiences may provide useful specific information. Good luck.
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