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The Importance of Appointing a Successor Trustee

The nominee realty trust (commonly referred to as a “nominee trust” or “realty trust”) is an entity unique to Massachusetts that may be familiar to many homeowners in the Commonwealth.  Despite what its name suggests, a nominee realty trust does meet the legal definition of an actual trust.  In a traditional trust, the trustee has an affirmative duty to administer the trust pursuant to its terms and is authorized to take the necessary actions to carry out the purposes of

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Underinsured by Underinsured Motorist Coverage

John is a resident of Massachusetts and owns a motor vehicle and a corresponding Massachusetts automobile insurance policy with the statutorily-mandated coverages.  Those coverages are as follows: (1) bodily injury to others (in the event that John’s negligent operation of his vehicle causes personal injury to another person); (2)  personal injury protection, or “no-fault”, coverage (to pay John’s medical bills, 75% of his lost wages, and replacement services up to a total limit of $8,000); (3) uninsured motorist coverage (in

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Examining Personal Representative and Trustee Fiduciary Duty

Our office has had the pleasure of assisting numerous personal representatives and trustees carry out their fiduciary duties to the beneficiaries of their respective estates and trusts.  Serving as a personal representative of an estate or trustee of a trust can be a daunting challenge.  Many times, the fiduciary inherits an uncomfortable situation, not of their own making, that he or she is responsible for sorting out, all while navigating unique family dynamics.  More often than not, difficult decisions must

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Domicil for Voting Purposes

The importance and significance of your vote increases as the size of the voting population decreases. Your vote in a local election, e.g., a Town Meeting, will influence the result more than in a statewide election. For those with a single residence in Massachusetts, where to register to vote is not an issue. However, what about Massachusetts residents who have two homes in different municipalities in Massachusetts – – not a primary home and a second vacation home used only

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FinCEN Interim Final Rule

FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons, Sets New Deadlines for Foreign Companies WASHINGTON––Consistent with the U.S. Department of the Treasury’s March 2, 2025 announcement, the Financial Crimes Enforcement Network (FinCEN) is issuing an interim final rule that removes the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act. In that interim final rule, FinCEN revises the definition of “reporting company” in its implementing regulations to mean

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