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#195657 - 06/01/04 04:49 PM Trustee/payable on death accounts
Mocha's Mom Offline
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Mocha's Mom
Joined: Jun 2004
Posts: 633
Western MA
In Massachusetts, is a customer(the trustee in an informal trust or payable on death account) able to designate a non-person as a beneficiary on their account? In other words, can we title an account, John Jones, Trustee for the estate of John Jones or as John Jones, trustee for the MSPCA?

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#195658 - 06/01/04 06:21 PM Re: Trustee/payable on death accounts
ahb Offline
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ahb
Joined: Nov 2003
Posts: 116
WestMass
My reaction, without checking the law, is that there is nothing wrong with that.

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#195659 - 06/01/04 08:35 PM Re: Trustee/payable on death accounts
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
The operative law, ยง6 of Chapter 167D, uses the term "person" without further defining same. Because the section deals with persons who die, the owners of the accounts in question would of necessity be natural persons. However, there would appear to be no such requirement for the beneficiary of such an account.

In the examples given by the first poster, however, it would seem unwise or at least unnecessary to style an account "John Jones trustee for estate of John Jones" since the funds would go that estate absent any trustee designation.
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#195660 - 06/03/04 09:58 PM Re: Trustee/payable on death accounts
Tom C Offline
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Joined: Jun 2002
Posts: 199
South of Boston
Keep in mind that if all parties to the account (including all beneficiaries) are not "natural persons" it is not eligible for a NOW Account.

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