H 1436 Massachusetts House · 193rd Legislature (2023-2024)

An Act relative to total return unitrusts

This bill amends Massachusetts law to allow trustees of certain private trusts to convert them into "total return unitrusts" without needing court approval. Under the new rules, a trustee who is not personally interested in the trust's assets can change how distributions are calculated, shifting from fixed income payments to a percentage of the trust's total market value. The legislation requires the trustee to provide written notice to the trust creator and beneficiaries at least 60 days before making such changes, ensuring those affected have a chance to object. This process applies to both converting an existing income trust into a unitrust and reversing that conversion back to an income-based structure.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Jun 5, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Josh Cutler
Josh Cutler
DDemocratic
MA
6th Plymouth