Legal Question in Wills and Trusts in Massachusetts
Trust revoked?
My mother set up a trust for me when I was a child. She is still the trustee or head of the trust operations. There are 4 pieces of property and quite a substantial amount of money involved in the trust. My mom isn't exactly happy with the choices I've made, nothing illegal or anything, just didn't live my life exactly how she told me to. Now she's informed me that she's changed the trust and I cannot access nor do I have any right to any of the trust's assets, and she's going to name someone else the beificiary. From past experiences of her dangling money in my face to get what she wants, I'm wondering if this is a ploy on her part or if she can actually do that. If she can do that, do I have any legal recourse. I've been told that a trust cannot be changed by the trustee once it's been put in place. Is there any truth to this, or am I completely screwed here?
2 Answers from Attorneys
Re: Trust revoked?
It depends on how the Trust was created. If it was a revocable trust, she can change it any time she wants and there is really nothing you can do about it.
If it is a nominee trust for holding real estate, you may only be a contingent beneficiary and depending upon how it is written she may have every right to disinherit you.
If it was an irrevocable trust there are limits on what she can do. However, what she can do can be very broad depending on how the trust is written.
If you have a copy of the trust, I would take it to a local attorney. If it is a nominee trust that holds real estate chances are it is on file with the registry of deeds. If you know the address of any of the properties, you can go on line and probably get a copy from the registry of deeds where the property is located.
My suggestion is try to make peace with your mother if you can. If you can't and she retains what is traditionally called a power of appointment, she can take you out of the trust and replace you.
Good Luck.
Re: Trust revoked?
I assume that your mother created a revocable (living) trust. If that's the case, it's likely that the document's terms allow her to change the beneficiaries as often as she wants for any reason as long as she is competent to do so. In other words, if she's the trustee and the lifetime beneficiary, it's her money as long as she's alive and she gets to do with it as she wishes.
The only certain way of answering your questions is to review a copy of the trust.
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