Massachusetts Lawyers Weekly recently quoted Atty. Eric D. Correira regarding a Massachusetts Appeals Court decision involving three issues of first impression for the Court. In the Matter of the Colecchia Family Irrevocable Trust, the Court was faced with procedural questions raised in a challenge by a trust beneficiary to the administration of his parents’ irrevocable trust, including whether the son was a qualified beneficiary of the trust while his parents were still living and possessed a right to occupy the trust’s real estate. The Court found that he was not a qualified beneficiary during that time period, and only became one when both his parents had passed away.

From the article: “Eric D. Correira of Swansea, who handles trust issues, said the case provides helpful direction for who is considered a qualified beneficiary. ‘It can sometimes be unclear where to draw the line between qualified and unqualified beneficiaries,’ he said. ‘It is best to assume that anyone in the gray area is a qualified beneficiary to avoid an issue in the future. However, at the same time, trustees often do not want to provide information to non-qualified beneficiaries if they do not have to.’”

For the full article, click here.