Both Massachusetts and our neighbor to the north, New Hampshire, allow trusts to be directed by persons other than the trustee. This can include a Trust Protector or Special Trustee, or can divide actions amongst trustees. Under the right circumstances, this can be beneficial when it is desirable for the trustee to have supervision, or when different trustees will perform different tasks. It can also be a logistical nightmare if the needs are not well matched to the trust's provisions.
If drafting a Directed Trust, should we consider using New Hampshire law? What are the implications of drafting a New Hampshire trust for a Massachusetts resident? Which state has the better Directed Trust statute?
Learn from the faculty the common types of Directed Trusts in Massachusetts, and the pros and cons of each. Review Massachusetts G.L. c. 203E, § 808 as compared to New Hampshire RSA 564-B:7-711 to identify which statutes have which characteristics. Determine what state law should apply to your trust to meet your clients' goals. Gain insight on how to attain the right Directed Trust structure for your clients' needs.
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