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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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Interesting Questions
A trust and estate attorney in Massachusetts helps individuals with legal matters related to wills, trusts, estate planning, probate, and inheritance. They provide guidance on protecting assets, minimizing taxes, and ensuring that the wishes of the deceased are carried out.
While it's not mandatory to hire a trust and estate attorney, having one by your side can greatly benefit you. They have deep knowledge of Massachusetts laws and can navigate complex legal procedures, ensuring your assets are in order and your family is protected.
When selecting a trust and estate attorney in Massachusetts, look for experience in the field, positive client reviews, and expertise in Massachusetts probate and tax laws. It's also crucial to find someone you feel comfortable with and can trust to handle your personal affairs.
A trust and estate attorney can assist you in creating a comprehensive estate plan customized to your specific needs. They can help you draft wills, establish trusts, designate beneficiaries, minimize taxes, and protect your assets for future generations.
Probate in Massachusetts refers to the legal process where the court oversees the distribution of a deceased person's assets. It involves validating the will, paying debts and taxes, identifying heirs, and transferring ownership of assets to beneficiaries. A trust and estate attorney can guide you through this process.
A trust and estate attorney experienced in elder law can assist with matters such as Medicaid planning, long-term care, guardianship, and conservatorship. They can help protect the rights and interests of seniors while ensuring they receive the best possible care.
In Massachusetts, a will is a legal document outlining the distribution of assets after a person's death. On the other hand, a trust is an arrangement where a person (the grantor) transfers assets to a trustee who manages and distributes them as per the grantor's instructions. Trusts often help avoid probate and provide more control over asset distribution.
Absolutely! A trust and estate attorney can employ various strategies to minimize estate taxes in Massachusetts. They can help you structure trusts, set up charitable giving plans, and navigate applicable tax laws, ultimately reducing the tax burden on your estate and maximizing the inheritance for your loved ones.
If a person dies without a will in Massachusetts (intestate), the state's laws determine how their assets will be distributed. The court appoints an administrator to handle the estate and follow intestacy laws. It's generally recommended to consult a trust and estate attorney to understand the implications and ensure a smoother distribution process.
The cost of hiring a trust and estate attorney in Massachusetts can vary depending on factors such as the complexity of your case, the attorney's experience, and the services required. It's advisable to discuss the fee structure and payment terms with the attorney beforehand.
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