Legal Question in Wills and Trusts in Massachusetts

Re: deeds that are held by a trustee

The simplest suggestion would be to contact the attorney who set up the trust, if that attorney is still available and you feel comfortable using him or her. They will have what they need to draft the necessary documents (which could involve the trust, or go beyond the terms of the trust to include tax-related filings), including appointment of successor trustees, trustee's certificate, deed, etcetera.

If that attorney is no longer available or feasible, please contact my office and we'd be happy to set up an appointment.

Re: deeds that are held by a trustee

Who is listed as successor Trustee to your mother? What happens upon the death of your mother under the Trust?

If you and your brother are the successor Trustees, it is a pretty simple matter to handle.

If the Trust is termintated as well and the property is to be issued to you and your brother or someone else, a few more things have to be done.

First get a copy of the Trust and a Certified copy of your mothers death certificate and then contact an attorney. It will be simpler, easier and cheaper in the long run to have an attorney help you with this than to do it yourself. If you and your brother want to sell the property, then you should have an attorney do help you so there are no title problems in the future.

If you need assistance please feel free to call me.