Over the last 50 years, it has become increasingly common for real estate conveyancers and estate planning attorneys to have their clients take title to real property in trust or to put title to real property into trust, either by inter vivos conveyance or by a testamentary devise in the client’s will. The forms of title holding trusts are not as uniform as they once were and the recording of trustee’s certificates under G.L. c. 184, § 35 has become more common than recording the actual trust instruments. As a result, title problems frequently arise when the real property is being conveyed out of a trust, especially when the original trustees are deceased or have become incompetent and the trust has terminated. This program analyzes these common title problems, how they arise, and how they can be resolved in order to facilitate the conveyance of the trust’s real property.Resolving common title problems involving trusts
Course Content
9:30 - 9:50 am - Review of Basic Trust Concepts Relating to Identification and Appointment of the Trustees and the Power and Authority of Trustees to Sell, Mortgage, Convey, and Transfer Trust PropertyScott J. Clifford, Esq.,
Lipsey & Clifford, PC, Hanover
Ward P. Graham, Esq.,
Westcor Land Title Insurance Company, Commonwealth of Massachusetts
9:50 - 10:10 am - Overview of the More Common Forms of Title-Holding Trusts
Scott J. Clifford, Esq.,
Lipsey & Clifford, PC, Hanover
Ward P. Graham, Esq.,
Westcor Land Title Insurance Company, Commonwealth of Massachusetts
10:10 - 10:30 am - Discussion of Important Trust Provisions to Look for Relating to Appointment and Succession of Trustees, Trustees’ Powers, Amendment, Modification, and Termination
Scott J. Clifford, Esq.,
Lipsey & Clifford, PC, Hanover
Ward P. Graham, Esq.,
Westcor Land Title Insurance Company, Commonwealth of Massachusetts
Jennifer A. Maggiacomo, Esq.,
Norfolk Probate and Family Court, Commonwealth of Massachusetts, Canton
10:30 - 10:50 am - When the Trust Lacks the Necessary Provisions to Deal with a Particular Trustee Succession or Power of Sale Issue
Scott J. Clifford, Esq.,
Lipsey & Clifford, PC, Hanover
Ward P. Graham, Esq.,
Westcor Land Title Insurance Company, Commonwealth of Massachusetts
Jennifer A. Maggiacomo, Esq.,
Norfolk Probate and Family Court, Commonwealth of Massachusetts, Canton
10:50 - 11:10 am - Review of the More Common (and Some Not So Common) Title Problems Relating to Conveying Title Out of a Trust and How to Resolve Them without Having to Resort to a Court Proceeding if Possible
Scott J. Clifford, Esq.,
Lipsey & Clifford, PC, Hanover
Ward P. Graham, Esq.,
Westcor Land Title Insurance Company, Commonwealth of Massachusetts
11:10 - 11:30 am - When All Else Fails: Remedies Available through the Courts
Jennifer A. Maggiacomo, Esq.,
Norfolk Probate and Family Court, Commonwealth of Massachusetts, Canton
Speaker(s)
ChairWard P. Graham, Esq.,
Westcor Land Title Insurance Company, Commonwealth of Massachusetts
Faculty
Scott J. Clifford, Esq.,
Lipsey & Clifford, PC, Hanover
Jennifer A. Maggiacomo, Esq.,
Norfolk Probate and Family Court, Commonwealth of Massachusetts, Canton
