Declarations of Homestead Filed Before March 16, 2011 by Trusts Are Legally Ineffective

Before the new Massachusetts homestead law took effect on March 16, 2011, it did not appear that a trust could file a valid Declaration of Homestead.  The highest court in Massachusetts has now confirmed that point in a February 16, 2012 ruling.

None of my clients ever tried to have a trust file a Declaration of Homestead under the March 16, 2011 law, but if any of you had done so with another lawyer,  you need a new one under the current law.

For more information see my post at my Massachusetts Estate Planning, Probate and Elder Law blog, entitled Supreme Judicial Court Rules That Trusts Were Ineligible for Homestead Protection Under Pre-March 25, 2011 Massachusetts Law

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