Legal Question in Wills and Trusts in Massachusetts

Re: creating a living trust

I'll try to answer some of your questions but I really should be asking you why you want to do what you are doing. There are probably better ways to effect the result you want.

1. Use a lawyer to create your trust if you're going to pour over to it from a will. Get it wrong and you could mess up big, I'm afraid.

And as for the will itself, that goes double; you can prepare your own but bring it to a lawyer for the final touches and execution.

2. You need only have the document in safekeeping (after proper execution (signing)). It's unusual or even rare to file it anywhere which could invite some fraud if you make that fact known.

3. Assuming it's a revocable trust, or other form of "grantor" trust, no tax ID is needed; if it's irrevocable and meets certain other requirements, a tax ID would be required.

Massachusetts law allows the establishment of a so-called "dry" trust, i.e., not funded, no money. Sometimes trusts are established by wills themselves, but that has drawbacks.

Good luck.