De Prins v. Michaeles
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The Supreme Judicial Court answered a question certified to it by the United States Court of Appeals for the First Circuit, holding that the assets of a self-settled discretionary spendthrift irrevocable trust governed by Massachusetts law are not protected from a reach and apply action by the deceased settlor's creditors.
Specifically, the Supreme Judicial Court concluded that, based on the circumstances presented in this case and consistent with the well-established public policy of the Commonwealth, when a settlor creates a self-settled spendthrift irrevocable trust that is governed by Massachusetts law and that allowed unlimited distributions to the settlor during his lifetime, and a judgment-creditor's cause of action accrues prior to the settlor's death, a judgment-creditor of the settlor's estate may reach and apply the trust's assets after the settlor's death.
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