Assume an irrevocable inter vivos trust has been up and running for some time now, at least it has the outward trappings of a trust. It was ostensibly created not via declaration but.
A defendant acting under a power of attorney lacked the authority to create a trust, the Supreme Judicial Court has found. The case arose out of a familial dispute over assets left by Lubov Stempniewicz. The plaintiffs brought suit against their uncle, defendant Edward Stempniewicz, to determine the validity of the Living Trust of Lubov