Create a Living Trust in Massachusetts

When you pass away, your family may have to spend a lot of time and money as your assests go through the probate process. A last will won't avoid this process but a living trust can. Find out more about living trusts in Massachusetts and how they can help you.

Find out more about Living Trusts

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create a living trust in massachusetts

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Updated on: February 6, 2024
Read time: 3 min

A Massachusetts living trust allows you to keep your assets in a trust during your life and control their distribution after death. A revocable living trust, or inter vivos trust, is an estate planning option that can offer many benefits.

Living trusts in Massachusetts

A living trust in Massachusetts is created by the grantor, the person putting things into trust. As the grantor you must choose a trustee who is charged with managing the trust for your benefit while you are alive and distributing your assets to your beneficiaries after your death. You may choose anyone, but it is common to name yourself, with a successor trustee in place for after your death. A revocable living trust can be changed or cancelled by you at any time during your life. An irrevocable living trust is unalterable once it is signed.

When a person leaves a will, that will must be probated, or approved and enacted by a court. This process takes many months and requires an executor and attorney, both of whom must be paid. There are also probate court fees. Assets cannot be disbursed until probate is concluded, requiring your heirs to wait quite a while. None of this is necessary when you leave your assets in a Massachusetts living trust. Assets in a trust do not go through probate. Beneficiaries can be paid at any time that the trust specifies, including immediately after your death. Keep in mind that Massachusetts law is based on the Uniform Probate Code, so its procedure can be relatively simple. In addition, if your estate is worth less than $25,000 it qualifies for a simplified probate procedure which will be less expensive than a trust.

Do I need a living trust in Massachusetts?

When you create your living trust in Massachusetts, you gain the ability to control your assets during your life and after your death. While you are living, you live as you normally would. All the assets in your trust can be used, spent, or given away as you wish. After your death, your trustee manages the assets and distributes them to your beneficiaries according to the terms you have set up in the trust. You can choose exactly how and when the distributions happen—immediately or at later dates or events. If you use a will, it passes assets to heirs immediately after probate is completed. A living trust provides added protection since it is much harder to contest than a will.

A revocable living trust protects you should you become mentally incapacitated. All of your assets are already controlled, owned, and managed by the trust and a conservatorship proceeding is likely unnecessary for you to have your financial life managed for your benefit.

A living trust also allows you to maintain privacy for you and your family. The terms of the trust, assets, and beneficiaries are not made public, in contrast to a will that is filed with a court and becomes public.

Living trusts and estate taxes in Massachusetts

Your living trust does not allow to avoid estate taxes. Massachusetts taxes estates worth more than $1 million and the federal government taxes those in excess of $5 million. You can get around this with a marital trust (also called an AB or QTIP trust) which transfers assets from one spouse directly to the surviving spouse.

How to create a living trust in Massachusetts

Creating a living trust in Massachusetts occurs when you create a written trust document. You then sign this in front of notary. The trust is complete once you transfer assets into it. A living trust is an important option available as part of your estate plan. Consider the benefits and limitations and decide what works for you.

If you're ready to create a living trust, LegalZoom can help. LegalZoom living trusts include a pour-over will, transfer deeds, a document organizer, and more.

Find out more about Living TrustsStart Now
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

52 days ago
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Grateful to Patti Green

Patti Green helped me so much to finish my order. She was very patient and pleasant with me and guided me so well with my living trust. She made it clear and explained things that I could understand to finish this. She is an asset to your company and I would recommend her with excellence

CU
54 days ago
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I had no Idea what to do to update my…

I had no Idea what to do to update my Living Trust. They answered all my questions and they also helped me get info I did not know I needed.

Bryan Q
60 days ago
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Living Trust Premium

Our Representative, Stormy was fantastic! She stayed with us through the whole process. She was very helpful and thorough.

sremeikis
68 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
70 days ago
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LegalZoom

I was impressed by the user-friendly interface and the outstanding support I received while creating a Revocable Living Trust. The ability to connect with support representatives in real time to address my questions was incredibly valuable. For those looking to establish a straightforward trust, I can highly recommend LegalZoom.

TDM
76 days ago
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Rida has been very helpful with respect…

Rida has been very helpful with respect o guiding me through the process of properly revising the Living trust for my elderly parents. His patience has been exemplary.

Frantz Michel
84 days ago
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Elizabeth Tisdale

Elizabeth Tisdale, knowledgeable,been having problems with the forms in my living trust,for the past two weeks and had to pay every time, Elizabeth was patient with me and explained every detail until it was corrected,she get my 5 stars

MARIA CORONA
84 days ago
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Taking the Initiative

Taking the initiative to do the info. research on our living Trust...set up back in 2016..Made the call an efficient, as well as a pleasant experience. Very thorough and friendly. Set up our atty consultation Thanks for great service!

Vicki Switzer
91 days ago
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Carmen was so patient with me

Carmen was so patient with me! Thank you for all your direction and guidance with my living Trust! Great job!

Tina Garcia
94 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
102 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
102 days ago
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Excellent LegalZoom Attorney

The LegalZoom attorney was extremely helpful in the "walk thru" assistance as I prepared the Living Trust document. The service was excellent.

customer
111 days ago
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Happy with my initial contact with Legal Zoom

Rebecca fully answered my questions about creating a living trust. She is friendly and professional, and with my mind at ease, I am looking forward to starting this process with Legal Zoom. I am confident that this will be the best route for me to take to make things a lot easier for my family when I'm gone. (And, easy for me!) I plan to be in touch in the next several weeks. Thanks, Rebecca!

Carol
129 days ago
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Michelle very professionally guided me…

Michelle very professionally guided me with her knowledge and amazing patience through the entire process of setting up my Living Trust. I am so relieved and grateful for her help. I have used LegalZoom before and you are my go to for legal advice. Thank you again Michelle.

Paula Bateman
137 days ago
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Quality Staff

I needed to revise my entire living trust and had put it off for years. Your staff member Eden walked me through the process with such patience and concern. Had I known it would be so easy, I would have never put it off this long. A testament to you quality staff.

Ady Filipescu
146 days ago
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Really great job in guiding me to…

Really great job in guiding me to finish my living trust .

Ronnie Ball
152 days ago
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5 Stars

5 Stars – Outstanding Customer Service from Tammy at LegalZoom I had the pleasure of working with Tammy from LegalZoom regarding my living trust documents, and I couldn't be more impressed. She was professional, patient, and incredibly knowledgeable. Tammy took the time to walk me through every step, answered all my questions clearly, and made a complex process feel simple and stress-free. Her attention to detail and genuine care made all the difference. LegalZoom is lucky to have someone like her on their team. Thank you, Tammy!

Cn
152 days ago
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Ease and help of making changes to my…

Ease and help of making changes to my living trust. LegalZoom rep walked me through the process without any difficulties. Really like working with LegalZoom.

Gregory Bechtol
159 days ago
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Enjoyed working with Kevin to finalize…

Enjoyed working with Kevin to finalize our Living Trust language. His knowledge on this product certainly increases our confidence in the viability of the final document.

JOHN in CALIFORNIA
Rated4.6out of 5 based on23,827+ reviewson

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