Massachusetts Homestead Now Available to Trust Beneficiary By Michael A. Kehoe, Esq.

more+
less-

The Bankruptcy Court for the District of Massachusetts recently issued an interesting decision for those using trusts to hold title to real estate. Judge Feeney, the author of In re: Rodriques, declared a Massachusetts Homestead valid though title was held by a recorded revocable living trust.

Before the Rodriques decision, it was widely accepted that even if the party residing in the property was both a Trustee and a beneficiary of a self-settled trust, the party could not avail himself or herself of a Massachusetts Homestead. The theory had been that the interest of a beneficiary was personal property and not real estate. Thus, such personal property interest was not capable of Homestead protection.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

Partridge Snow & Hahn LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×