trust estate property transfer In a beneficiary trust that has come to term to…

trust estate property transfer
In a beneficiary trust that has come to term to liquidate for the beneficiaries (they have all reached the age specified), can a listed successor later go and register as successor to trust and then go and transfer the trust assets to an outside party or trust without the written/signatures of the beneficiaries (quit claim) sale of the property, therefore removing the entitled asset from the original trust? This was done by claiming that the original trust documents were lost. However they are not lost and exist.

3 thoughts on “trust estate property transfer In a beneficiary trust that has come to term to…

  1. Re: trust estate property transfer
    The transaction you describe sounds like it may be fraudulent and reversible. However, you should act swiftly to protect your rights and those of other beneficiaries. Without a good look at all estate and trust documents involved and full knowledge of the surrounding facts, further advice is not possible. You need to hire and attorney well versed in this area of law as soon as possible.

    Thomas Abdow
    Abdow Law
    Post Office Box 670
    Shutesbury, 01072

  2. Re: trust estate property transfer
    Retain an attorney as soon as possible to bring appropriate action for what may be a fraudulent transfer from the facts as you stated them. Good Luck!

    Joseph Murray
    Joseph M. Murray, Esq.
    56 North Bedford Street
    East Bridgewater, MA 02333-1173

  3. Re: trust estate property transfer
    Thanks for your question. The short answer is that the successor beneficiary cannot do what you’ve described he did. My curiosity in this instance concerns the trustee, who should have known who the beneficiaries were at the time. If the trustee could have located the schedule of beneficiaries without difficulty, then the trustee may have personal liability for selling the property without making a diligent search to find the schedule of beneficiaries. Or perhaps the trustee deliberately acted in favor of the successor beneficiary, in which case there likewise would be personal liability. There is a possible additional remedy against the insurer of title for the buyer of the property to whom or to which the property was sold. Please feel free to contact me if you wish to discuss this in greater detail.

    Alan Fanger
    Alan S. Fanger, Esq.
    110 Cedar Street, Suite 250
    Wellesley, MA 02481

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