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Estate and Trusts Litigation Updates October 2022

Recent probate and fiduciary litigation revealed power of attorney does not provide authority to create a trust on behalf of the elder, adding caregiver to bank accounts insufficient to establish donative intent, and importance of signature cards for joint accounts.

Probate & Fiduciary Litigation Newsletter - October 2022 | Goulston & Storrs PC

Can Your Agent Under a Power of Attorney Create a Trust for You? Maybe | Murtha Cullina

This isn’t really a trick question, though it can seem that way - how do you create a trust? In Massachusetts, you can create a trust by transferring your assets to someone else as.

Power of attorney not a basis for trust creation | Massachusetts Lawyers Weekly

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

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