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Charitable trust in Massachusetts

Hello. My husband and I have no children and no people we really feel the need to leave
money to when we pass. So we thought we'd take most of our surplus funds and create a charitable trust to care for unwanted and neglected animals. Is that a valid purpose for a trust under MA law or might one of our nieces (two women we do not care for) challenge our decision? Thank you for your help.

Charitable trusts

The new Massachusetts Uniform Trust Code (Chapter 203E, Section 405) has this to say about charitable trusts:

(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.

Even before that very broad language became the law in MA, the law and the courts traditionally gave deference to the wishes of settlors (those who create the trust) who seek to establish a trust for a particular charitable purpose. I believe the care of unwanted and neglected animals certainly benefits the community.

However, you need to talk to an attorney with experience creating trusts and with estate planning.  You do not discuss how much money you are considering placing in the trust, but the larger the amount, the greater the incentive for your nieces to hire an attorney and attempt scuttle your plans, either before or after you and your husband pass away.  Additionally, an attorney will help you create and implement your charitable trust as part of a greater estate plan.  For example, you will want to make sure that you do not place so much money in the trust, while you are still living, that you have difficulty meeting unanticipated living expenses.  Your attorney will also talk to you about tax and Medicaid planning, if appropriate.  Good luck with your plans.

 

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