Legal Question in Wills and Trusts in Massachusetts

life interest in trusts

If a trust that was part of my marital estate, was fraudelently transferred into 2 other so-called trusts (both of which contained the original 2 properties of the original trust that came to term to liquidate)

And during these fraudulent transactions which can be ''reversed'' and void, a life interest of tenancy in one property was given to the mother of the beneficiaries, for which she and her daughter and grandson resided for free for 16 years, living off the benefit of this property, and as a direct party to this fraud, can they be also held liable for unjust enrichment, back rent, and damages done to the property? Along with the law suit for the trust property fraud as a marriage asset.


Asked on 10/07/08, 12:42 pm

2 Answers from Attorneys

Re: life interest in trusts

First, the question you have asked is too complex to be answered properly in this forum.

Second, actions for fraud have a six year time limit, which can only be extended for a short time after you discover the fraud or should have discovered the fraud or reached the age of 18 years of age.

If there has been a fraud and you are timely in filing your complaint, then all damages including the life estate may be subject to being voided.

You need to consult an attorney immediately to determine what your rights are and the time you have to get a case filed.

Please feel free to contact me if you have additional questions.

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Answered on 10/07/08, 4:17 pm
Alan Fanger Alan S. Fanger, Esq.

Re: life interest in trusts

Thanks for your question. Compensation for the wrongs sustained by the trust can only be sought by the trustee. If the trustee refuses to act, you can either petition to remove the trustee or ask a third party to be appointed to pursue these claims. I am a bit concerned about a possible timeliness problem and would want to know more details. Please feel free to contact me if you have any questions.

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Answered on 10/07/08, 1:07 pm


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