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C. 18, §35, Massachusetts now permits the recording of an affidavit by the trustee setting forth the provisions of the estate planning trust relevant to the trustee's power to deal with real estate owned by the trust, in lieu of recording the entire declaration of trust.
To remove a beneficiary from the trust, you must first amend the trust deed. To do so, the trustee must execute a deed of variation (also known as a deed of amendment). This document updates the relevant section of the original trust deed and will amend the trust's beneficiaries.
A Trust Provides More Privacy Than a Will or Intestacy A trust in Massachusetts is a private document that handles your estate without court intervention.
Section 706: Removal of trustee (a) The settlor, a co-trustee or a beneficiary may request the court to remove a trustee or a trustee may be removed by the court on its own initiative.
Start Deed of Trust StateMortgage allowedDeed of trust allowedWashingtonYWest VirginiaYWisconsinYWyomingY47 more rows
Note that many states do in fact allow both....Start Deed of Trust. StateMortgage allowedDeed of trust allowedMassachusettsYMichiganYYMinnesotaYMississippiY47 more rows
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia,
Although, the court found that the trustees were in accord, it held that ?a trustee will be removed if the court is satisfied that his continuance in office will be prejudicial to the performance of the trust and to the interest of the beneficiaries, or if the trustee has disregarded his duties.? Also, in REMMER v
The deed of trust is currently used in Alabama, Alaska, Arkansas, Arizona, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Iowa, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia,
A trustee is required to send a copy of the Trust and its amendments, if there are any amendments, to the beneficiaries of the Trust and heirs of the settlor (i.e., the person who created the Trust), within 60 days of a written request.