Bill

Bill > H2162


MA H2162

MA H2162
To establish a Claimants' Trust Act


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to claims for damages and establishing a claimants trust law. The Judiciary.

AI Summary

This bill, titled the Massachusetts Claimant's Trust Act, establishes a legal framework for creating and managing "Claimant's Trusts" to handle claims for damages, such as personal injury or property damage, arising from the same incident. The Act aims to facilitate the early aggregation and resolution of these claims, either before a lawsuit is filed or through alternative dispute resolution, and to ensure efficient litigation, administration, and financial management of settlement funds for the benefit of the "Beneficiary," who is the person with the claim. Key roles defined include the "Organizer" who initiates the trust, the "Trustee" who manages the trust's affairs, and an "Administrative Trustee" who handles investments and reporting, all under the supervision of the Probate Court. The "Trust Corpus" refers to all assets and income belonging to the trust, and the "Trust Instrument" is the document outlining the trust's terms. The bill specifies the requirements for the Trust Instrument, the court's jurisdiction and approval process, and the powers of the Trustee and Administrative Trustee, including settling claims and managing assets in accordance with prudent investor standards and tax laws.

Committee Categories

Justice

Sponsors (3)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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