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This form is a living trust form prepared for your state. It is for an individual who is either single, divorced or widowed with one or more children. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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A living trust is a legal document that allows you to transfer your assets into a trust during your lifetime. It outlines how your assets should be managed and distributed after your death.
A living trust can help you avoid the probate process in Massachusetts, which can be time-consuming and costly. It also offers privacy as the details of your assets and beneficiaries are not made public.
While it is not mandatory to hire an attorney, it is highly recommended. Estate planning laws can be complex, and an attorney can ensure that your living trust is properly drafted and executed.
You can include various assets such as real estate, bank accounts, investments, vehicles, and personal belongings in your living trust. However, certain assets like retirement accounts may have special rules.
Yes, you can be the initial trustee of your living trust. This allows you to retain full control over your assets during your lifetime. You can appoint a successor trustee to manage the trust after your death or incapacity.
If you don't have a living trust, your assets will go through the probate process. The court will appoint an executor to handle the distribution of your assets according to the laws of intestacy.
A living trust alone does not provide direct tax benefits in Massachusetts. However, it can be combined with other estate planning strategies to minimize estate taxes for larger estates.
Yes, you can make changes to your living trust. You can either revoke the existing trust and create a new one, or you can amend the trust through a document called a trust amendment.
A revocable living trust allows you to modify or revoke the trust during your lifetime, providing more flexibility. An irrevocable living trust, once created, cannot be changed except under special circumstances.
Creating a living trust in Massachusetts typically takes a few weeks to a couple of months, depending on the complexity of your assets and the speed of the legal process.
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