Legal Question in Real Estate Law in Massachusetts

In order for a trust to own any real estate, the property has to be deeded to it. If a deed is recorded changing ownership before someone dies, the deed will supersede the Will. However, depending on the timing and the age, if the property is gifted to a child or someone else in contravention of the deed, there can be a challenge to the transfer.

If the transfer is being made under a Power of Attorney, there is a fiduciary obligation in play and could further confuse matters. Likewise, if there is a gift in value of more than $14,000 you will need for the Grantor, owner who transfers the property, to file a gift tax return.

If a deed has been made to an Irrevocable Trust, the former owner cannot deed it out to someone else without the consent of all of the beneficiaries at a minimum and there may be a need fo Court approval. I strongly suggest the person who is signing the deed speak to an attorney in advance.