(Lawyers Weekly dated 11/25/19)
Where a plaintiff brought a reach and apply action against a Massachusetts spendthrift trust created by his parents' murderer to enfore an Arizona wrongful death judgement against the murderer's estate, a question should be certified to the Massachusetts Supreme Judicial Court concerning whether a judgment creditor of the settlor's estate may reach and apply assets i an irrevocable spendthrift trust after the death of the self-settlor of the trust.
"Harry De Prins brought this reach and apply action against a Massachusetts spendthrift trust created by his parents' murderer, Donald Belanger, to enforce an Arizona wrongful death judgment against Belanger's estate...
"The crux of (defendant Michael J.) Michaele's argument on appeal is that the district court erred in its core legal holding that De Prins is entitled under Massachusetts law to reach and apply the irrevocable trust assets to satisfy the wrongful death judgment. This argument turns on whether in these circumstances, under state common law and state statutes, a self-settled spendthrft irrevocable trust which provided for unlimited distributions to the settlor during his lifetime (and to no one else) protects assets in the trust form a reach and apply action by the settlor's creditors after the settlor's death. Massachusetts law has not resolved this question...
"We thus certify the following questions to the Massachusetts SJC: 'On the undisputed facts of this record, does a self-settled spendthrift irrevocable trust that is governed by Massachusetts law and allowed unlimited distributions to the settlor during his lifetime protect assets in the irrevocable trust from a reach and apply action by the settlor's creditors after the settlor's death?"
