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Tag: Drafting a Will

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Compensation of Personal Representatives

When and How Much Personal Representatives May Charge

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No-Contest Clauses

The Purpose and Effect of In Terrorem Clauses in Massachusetts Wills

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Fegreus & Broderick, LLP

21 Custom House Street, Suite 480
Boston, Massachusetts 02110
t: (617) 737-9100 | f: (617) 737-9123
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And to be safe, for fear the beneficiaries will st And to be safe, for fear the beneficiaries will still be able to upset our best efforts to protect them from themselves, we can include in the trusts we create a “spendthrift clause” which says, in effect, the beneficiaries cannot sell their interest in the trust, and so long as the Trustee continues to hold the assets, the beneficiaries’ shares are beyond the reach of their creditors, in whole or in part depending on how the trust is written. 

In other words, the beneficiary is not able to assign their right to trust property in exchange for chips at the casino or the new Porsche 911. 

Thinking about creating a trust for a beloved spendthrift in your life? We would be glad to chat.
A disclaimer is a refusal to accept property befor A disclaimer is a refusal to accept property before it is received. Generally, when one disclaims property, one is treated as having predeceased the person who has passed and the property then passes to the next person or people in line to receive it per the law, estate plan, etc. 

Disclaimers can be effective tools for minimizing or avoiding taxes, fixing errors in estate plans, and redistributing gifts to more appropriate beneficiaries. However, they can be complicated. 

Disclaimers must be perfected within nine months of title passing and meet strict state and federal requirements. Among those is the requirement that the disclaimer be unequivocal and irrevocable (no take-backs), and the initial recipient must not have benefited from the property disclaimed prior to disclaimer. 

Lastly, the initial recipient cannot disclaim property if insolvent or for the purpose of defeating a creditor who has an interest in the recipient’s property pursuant to a judicial process (i.e. a pending lawsuit).
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