What a Living Trust Lawyer Does — and Why You Might Need One in Massachusetts

When most people think about estate planning, they imagine a will as the document that ensures their wishes are carried out. While a will is an important part of any estate plan, it’s not always the most efficient way to protect your assets or your loved ones. For many Massachusetts families, a living trust offers greater flexibility, privacy, and peace of mind.

Working with a living trust lawyer can make all the difference when trying to properly set up a living trust. An attorney guides you through every step, from choosing trustees to transferring assets, so your plan functions exactly as intended.

What Is a Living Trust?

A living trust (also known as a revocable trust) is a legal document that allows you to transfer ownership of your assets into a trust during your lifetime. You remain in control of those assets as the trustee and can make changes at any time. When you pass away, your chosen successor trustee distributes the trust property to your beneficiaries according to your wishes without the delays and public exposure of probate court.

How It Works

Here’s a simple breakdown of how a living trust is structured:

• Grantor (you): The person who creates the trust and transfers assets into it.
• Trustee: The individual who manages the trust property. Often, you serve as your own trustee while alive.
• Successor trustee: Steps in to manage or distribute assets if you become incapacitated or after your death.
• Beneficiaries: The people or organizations who receive assets from the trust.

What a Living Trust Lawyer Does

Creating a trust involves more than filling out forms. A living trust lawyer provides the legal knowledge and guidance needed to ensure your plan is both valid and effective under Massachusetts law.

Drafting and Customizing Your Trust

Your attorney will:

• Draft the trust document tailored to your goals and family structure.
• Name trustees, successor trustees, and beneficiaries.
• Define how and when your beneficiaries receive their inheritance.
• Include provisions for minors, blended families, or charitable giving.

Funding the Trust

After your trust is drafted, your lawyer helps transfer ownership of assets, like your home, bank accounts, or investments, into the trust. This step, known as “funding,” is essential for the trust to work properly. If assets aren’t properly titled in the trust’s name, they could still go through probate.

Planning for Incapacity

A living trust lawyer also helps you plan for unexpected illness or incapacity. By naming a successor trustee, your assets can be managed without court intervention if you can’t handle your affairs. This avoids the need for a conservatorship and ensures your bills and financial obligations are handled smoothly.

Why You Might Need a Living Trust in Massachusetts

A living trust isn’t just for the wealthy. It’s a valuable tool for anyone who wants to simplify estate administration and protect their loved ones from unnecessary stress.

1. Avoiding Probate

Probate is the court process that validates a will and distributes assets and in Massachusetts, it can take months or even years. With a living trust, your beneficiaries receive their inheritance privately and promptly.

2. Maintaining Privacy

Unlike wills, which become public record after death, a trust keeps your financial information and family matters confidential.

3. Managing Out-of-State Property

If you own real estate outside Massachusetts, a living trust helps your estate avoid multiple probate proceedings in different states.

4. Protecting Loved Ones

A trust allows you to set conditions on how and when your beneficiaries receive their inheritance. For example, you can delay distributions until a child reaches a certain age or milestone, ensuring responsible asset management.

5. Preparing for Incapacity

If you become ill or injured, your successor trustee can step in immediately to manage your assets with no court approval needed.

Things to Consider Before Creating a Living Trust

While living trusts offer many benefits, it’s important to understand the responsibilities that come with them.

• Upfront Cost: Creating a trust usually costs more initially than drafting a will, but it can save your family money in probate fees later.
• Complexity: Transferring property titles into the trust requires careful attention to detail. Your attorney ensures this process is done correctly.
• Control: You must be comfortable with the idea of the trust “owning” your assets, even though you retain full control as trustee during your lifetime.

It’s also important to note that a revocable living trust doesn’t automatically reduce estate taxes or protect assets from MassHealth (Medicaid) eligibility calculations. However, when properly coordinated with other estate planning tools, like wills, durable powers of attorney, and health care proxies, it can be an integral part of a comprehensive plan.

Key Takeaways

• A living trust lawyer helps you create and maintain a trust that fits your goals, assets, and family needs.
• Living trusts can avoid probate, maintain privacy, and ensure your wishes are carried out without court delays.
• Trusts offer flexibility, you can make changes or revoke them at any time during your life.
• While setting up a trust involves some complexity and cost, the long-term benefits often outweigh these concerns.
• In Massachusetts, a living trust works best when properly funded and coordinated with other estate planning documents.

Get Your Living Trust Set Up Today 

If you’re ready to take the next step in protecting your family and your legacy, now is the time to act. At Kristine Romano Law, we provide the attentive, compassionate counsel you deserve, explaining every part of the process in plain language, answering your questions clearly, and guiding you through each decision with care.

Whether you’re reviewing an existing estate plan or creating one for the first time, our team will help you determine whether a living trust fits your goals and ensure it’s drafted, funded, and maintained properly under Massachusetts law.

Contact Kristine Romano Law today to take the next step.

References:  Forbes: What Is A Living Trust? Definition, Pros & Cons (May 12, 2023) and The Motley Fool: Is a Living Trust Really the Best Way to Pass an Inheritance to Your Family? And Massachusetts Law About Trusts — Mass.gov and Nolo: How to Make a Living Trust in Massachusetts