Legal Question in Wills and Trusts in Massachusetts

Does a Living Trust Need Letter of Acceptance from Court

I am the Trustee of my mother's (Massachusetts) Living Will and she has passed. She has an account with ING Direct that is included as those assets covered by the Trust. ING tells me I need a Letter of Acceptance from Massachusetts Courts. Part of that acceptance is bonding by two Massachusetts real estate owners. I live in New Hampshire and don't know any MA residents. I was under the impression that Letters of Acceptance were part of probate.


Asked on 3/24/05, 12:12 pm

1 Answer from Attorneys

Freya Shoffner Shoffner & Associates

Re: Does a Living Trust Need Letter of Acceptance from Court

It seems that you and ING are having an issue of miscommunication. There are several things you should confirm, the first being that the assets held by ING are indeed in the name of the trust and not in the decedent's own name. Second, be sure that ING has a copy of the Trust, particularly the section that names you as Trustee. If you cannot resolve the situation by confirming these two details, or if the assets at ING are not in the name of the Trust, you should seek the assistance of a competent attorney.

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Answered on 3/24/05, 12:45 pm


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