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In Massachusetts, a will is only valid if it is a written document, signed by the person who created it, and signed by two witnesses. A trust is valid when written, signed in front of a notary public, and when the property has been transferred to your name as trustee.
Massachusetts laws Describes the instrument that must be recorded in the Registry of Deeds when real estate is transferred by a trustee.
To make a living trust in Massachusetts, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
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. 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.
Living trusts in Massachusetts 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.