Legal Question in Wills and Trusts in Massachusetts

Issue/topic: Trusts and Wills

Background Info:

Parents live in Ohio for 40 years. (Property in two other states)

I have lived in Boston, Ma for 3 years and planning on staying here.

Parents will move to Boston in a few years.

My parents want to start a Trust.

Please state your contact Info. This is a pre-interview/consultation! Please be detailed in your explanations.

Question: # 1

How could a TRUST be IN-VALID to be passed to beneficiaries in Mass.? (example, if a Will does not have a witness signature then invalid in probate court, or a copy of the WILL is invalid.)

Question #2:

If something happens (Ex. death from car accident) to both parents while living in Ohio, how does that affect the "Trust" (If made in Ohio) with the beneficiary living in Boston, MA.? Does anything need to be stated in the Trust so the beneficiary has no problems. (For example, in a Will it would help if the beneficiary was the Executor.)

Question # 3

The Beneficiaries live "out-of-town", so what needs to be stated in the trust so the transfer is has no problems?

Question # 4

Concerning my parents, they mentioned in the past 90% goes to me and 10% to sibling. Sibling of mine is wealthy, therefore he has the resources to hire lawyers when the Trust goes into effect. What should/must be done so the Trust gets distributed as it states? (example, for a Will, if parents state " if anyone tries to cause dis-inheritance of anyone who challenges any portion of the will be they will not receive any inheritance at all."

Question # 5

Parents also want a "Will" made in Boston, Mass. Please list what must be done for a "WIll" to be Legal in the Mass probate court.

Question # 6:

Is a trust a one time fee, like a Will? What is the fee structure for a Trust?

Question # 7

In Mass, Should the beneficiaries be present while the trust is being formed?

In Mass, Does the probate court frown apron beneficiaries present will forming a "will"

Question #8

Differences between a Trust with a company like Fidelity and a local Estate/trust/will lawyer?

Question #9

If a Trust is made while both parents are alive, what must be done so the Trust cant be changed by 2nd spouse?

Question # 10

Disadvantages of a Trust.

Thank You in advance for your time, and you will here from family shortly!


Asked on 12/09/10, 11:32 pm

1 Answer from Attorneys

If your parents live (reside) in Ohio at the time of the creation of the Trust, the Trust must comply with Ohio law the same is true with respect to the Will.

If your parents move to MA they will not have to re-execute the Will or the Trust.

The location of the beneficiaries has no impact on the Trust. Moreover, the Successor Trustee does not have to reside in Ohio, they only need a representative in Ohio for probate purposes and administration.

Trusts can have a no-contest clause as well, but that is not absolute if undue influence or similar challenge can be proven.

The terms of a Will and Trust should be done without undue influence by any beneficiary, so I would recommend that a beneficiary only serve as to clarifying information required for the documents not the terms of the Will or Trust.

Companies like Fidelity administer trusts they do not create them. A Will and Trust should be drafted by an attorney who understands the various issues and goals of your parents.

There are many types of trusts and depending on the final plan and the size of the estate there are a variety of benefits and limitations of trusts. This question is best answered in person.

Drafting a Will and Trust is a one time fee.

Administering a trust after the death of one of the Settlors (creators of the Trust) will require some administrative work, tax returns, etc. most of that is done by a Trustee and an accountant and maybe some work by an attorney.

You can call my office to schedule an appointment without obligation to discuss your parents needs in very general terms my T: 617.406.4647.

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Answered on 12/15/10, 7:03 am


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