Legal Question in Wills and Trusts in Massachusetts

Declaration of Trust and Wills for Massachusetts

My grandmother was the trustee for her 3 children in relation to 2 properties. The 3 children were on the deed for each property with my grandmother as the trustee. This was setup in 1955 and mentions a declaration of trust to be recorded but it never was recorded. Does a legal trust in Mass. have to be written and recorded. On her recent death she willed the properties to one of the children. The other two children feel that they are equal owners of the properties. Did my grandmother 'own' the properties or did the children and if she did not own them, could she will them as part of her estate? do the deeds become the legal ownership or has a valid trust NOT been formed by not registering in writing the trust. We are not sure if a valid trust exists cause it was not recorded.


Asked on 1/20/08, 9:23 pm

1 Answer from Attorneys
Denise Leydon Harvey Harvey Law Offices

Re: Declaration of Trust and Wills for Massachusetts

Both of these documents need to be reviewed before this question can be answered. It is possible that either the trust or the will give your grandmotehr the ability to change the status of the ownership of the properties. It is also possible that the trust was revoked or otherwise terminated during her lifetime. There are several possibilities that would affect the ownership of the properties.

I recomend that you bring the relevant documents to an attorney, who will be able to assst you in this matter. Please let me know if I can help you. We have an office in Raynham.

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Answered on 1/23/08, 10:14 am


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