COURT OF APPEALS FOR THE FIRST CIRCUIT
De Prins v. Michaeles
United States Court of Appeals
For the First Circuit
Nos. 18-2191
19-1095
HARRY DE PRINS,
Plaintiff, Appellee,
v.
MICHAEL J. MICHAELES, Trustee of the Donald Belanger Irrevocable
Trust dated October 28, 2008; DONALD BELANGER IRREVOCABLE TRUST
DATED OCTOBER 28, 2008,
Defendants, Appellants.
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Timothy S. Hillman, U.S. District Judge]
Before
Torruella, Lynch, and Kayatta,
Circuit Judges.
Michael J. Rossi, with whom Conn Kavanaugh Rosenthal Peisch
& Ford LLP was on brief, for appellants.
J. Mark Dickison, with whom Ryan A. Ciporkin, Laura S. Sawyer,
and Lawson & Weitzen, LLP, were on brief, for appellee.
November 15, 2019
LYNCH, Circuit Judge. This is an important case about
Massachusetts trust law which we think is better answered by the
Massachusetts Supreme Judicial Court (SJC). Accordingly, we
certify to the SJC under its Rule 1:03 an unresolved question under
both state common law and state statutes concerning whether a
judgment creditor of the settlor's estate may reach and apply
assets in an irrevocable spendthrift trust after the death of the
self-settlor of the trust.
I.
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 parties do not dispute
the relevant facts, which we draw from the record.
In 2000, Donald and Ellen Belanger moved from
Massachusetts to Arizona. In 2005, their neighbors Armand and
Simonne De Prins filed a lawsuit against the Belangers and others
over shared water rights. In 2007, the De Prinses obtained a
monetary judgment against the Belangers.
In June 2008, the Belangers moved from Arizona to
California. Ellen Belanger committed suicide there on October 4,
2008, distressed at least in part about the loss of the lawsuit.
Immediately after Ellen Belanger's death, the Belangers' daughter,
- 2 -
Christina Clark, drove to California and convinced her father to
return to Arizona with her.
One week after his wife's suicide, Donald Belanger
contacted his attorney, Michael J. Michaeles, about creating an
irrevocable trust. On October 28, 2008, Belanger created the
Donald A. Belanger Irrevocable Trust Dated October 28, 2008 ("the
Trust"), a self-settled trust that named Michaeles as its sole
trustee and Belanger himself as its sole beneficiary during his
life. The Trust provided that Clark would become the sole
beneficiary after Belanger's death. It also contained a
spendthrift clause and provided that Belanger could not "alter,
amend, revoke, or terminate" the Trust. Belanger signed the Trust
on November 3, 2008, and conveyed substantially all of his assets
to Michaeles as trustee.
Four months after he signed the Trust, on March 2, 2009,
Belanger shot and killed Armand and Simonne De Prins in a Walmart
parking lot in Show Low, Arizona. The next morning, police stopped
Belanger on Interstate 25 in New Mexico. Before the officer
approached Belanger's car, Belanger shot and killed himself.
Michaeles, who was already the trustee of the Trust,
then became personal representative of Belanger's estate, which he
probated in Arizona.