Boston Bar Files Amicus Brief Urging SJC to Say It’s OK for Trustee to Distribute Property From One Trust to Another

Boston, MA – March 25, 2013 – (RealEstateRama) — In a case with significant ramifications for trusts and estates practitioners and the clients they serve, the Boston Bar Association today filed an amicus brief urging the Supreme Judicial Court (SJC) to recognize that the power of a trustee to distribute trust property to beneficiaries also includes the power to distribute that property to another trust for the benefit of the beneficiary under Massachusetts law. The case before the court, Richard Morse, Trustee v. Jonathan A. Kraft, et al. was brought as a non-adversarial proceeding by a trustee of a trust for the purpose of having the SJC answer the question: Does a trustee have the power to make distributions in further trust for any beneficiary’s benefit without the consent or approval of any beneficiary or court?