SCHWALM v. SCHWALM

No. 22-P-783.

102 Mass. App. Ct. 825 (2023)

GREGORY K. SCHWALM & others, v. KAREN SCHWALM, trustee.

Appeals Court of Massachusetts, Middlesex.

July 7, 2023.


Attorney(s) appearing for the Case

Joshua Looney ( Mark Swirbalus also present) for the plaintiffs.

Patricia Keane Martin for the defendant.

Present: Meade, Blake, & Brennan, JJ.


In this case we are asked to determine whether a trustee has a common-law duty to account to remainder beneficiaries who are not yet qualified beneficiaries under G. L. c. 203E, § 103. See Matter of the Colecchia Family Irrevocable Trust, 100 Mass.App.Ct. 504 (2021) (Colecchia). We conclude that the common-law duty to account is limited...

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