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Massachusetts Living Trust for Individual Who is Single, Divorced or Widow (or Widower) with No Children

State:
Massachusetts
Control #:
MA-E0175
Format:
Word; 
Rich Text
Instant download

Description

This Living Trust for Individual Who is Single, Divorced or Widow (or Widower) with No Children form is a living trust form prepared for your state. It is for an individual who is either single, divorced or widowed with no 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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FAQ

Trusts in Massachusetts are governed by the Massachusetts Uniform Trust Code, codified at G.L.c. 203E.The trustee's certificate is recorded either immediately upon the trust's acquisition of real property, or when the trustee acts upon the title 1.

Revocable Trusts. Irrevocable Trust. Asset Protection Trust. Charitable Trust. Constructive Trust. Special Needs Trust. Spendthrift Trust. Tax By-Pass Trust.

Unlike a Will, which has to be filed with the court at the start of the probate process, a Revocable Living Trust generally does not have to be filed or recorded anywhere. Unless there's a lawsuit concerning your trust, it won't become a matter of public record.

Just for your information, a trust is not a public record, so it's impossible to retrieve a trust document from a public office, agency or anyone who is not a beneficiary and doesn't have the rights to know about the details your trust.

A revocable living trust is especially important if you are remarried and wish to leave money or property to children from a prior marriage. In Massachusetts, even if you have a will leaving everything to your children, your spouse can elect to receive a sizable portion of your estate.

Decide between a single or joint trust. A single is obviously a good match for those that are unmarried. Review your property. Pick a trustee. Get your trust documents together. Sign your living trust. Fund your trust with your assets and property.

A trust is not required to be registered with any State or local agency and should be held by the parties involved, mainly, the Trustee. Although not legally required, having the document notarized could help prove authenticity should it be challenged.

The five main types of trusts are living, testamentary, revocable, irrevocable, and funded or unfunded.

Since the Schedule of Beneficiaries to a trust is not recorded with the Declaration of Trust at the Registry of Deeds, the identity of the Beneficiaries is not a matter of public record.There are two types of Trusts in Massachusetts.

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Massachusetts Living Trust for Individual Who is Single, Divorced or Widow (or Widower) with No Children