Alexander A. Bove, Jr. and Melissa Langa have made available their article for download their article, “Challenging the Judge: The Massachusetts Appeals Court Continues to Make Its Own Rules of Trust Law,” published in the Steve Leimberg Asset Protection Newsletter. The Introduction is as follows:
When we as advisors set out to develop an estate plan with asset protection components ,
we take a careful look at the applicable statutes and established case law, and, if we are careful to
remain within the settled law, we can be pretty sure the plan will work – unless a court decides to
ignore or disregard the settled law. That’s exactly what happened in a recent Massachusetts
Appeals Court decision. And this is the second time this court has done so, the first, fortunately,
having been reversed by the Massachusetts Supreme Judicial Court as noted below. Will this
one be reversed?