Legal Question in Wills and Trusts in Massachusetts

Re: living trusts

Now that your father has passed on, it might be a good idea to take a fresh look at your mother's estate plan. I have to recommend strongly against the use of form trusts and wills. The assets and property that your parents worked so hard to earn depends on it.

No attorney can give you advice on preparing an estate plan without taking a look at the full picture of your mother's estate and discussing her goals with her.

If your mother would like to sit down and speak with me, I may be able to answer any questions you both might have.

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www.vaughnmartel.com

Re: living trusts

It's not clear to me what "form" you are talking about, but I don't think your mother should do anything with the document without seeing an attorney. Since your father has passed away, she needs to sit down with a good estate planning or elder law attorney to discuss her situation and her future.

I have practiced elder law since 1998 and help clients throughout the greater Boston area.

Re: living trusts

First, it is unclear whether the living trust has now become an active trust and as such may not be able to be changed. Moreover it may not need to be changed.

She should see an attorney and have the existing documents reviewed as well as her entire estate plan updated so her assets are protected now and go where she wants them to go in the future.

A good attorney who does estate planning such as myself, should be contacted and her documents reviewed. Using form agreements you do not understand is a recipe for disaster.

If I can be of service please do not hesitate to contact me.