Legal Question in Wills and Trusts in Massachusetts

In Massachusetts, are there advantages to setting up a trust over a will or vice versa?


Asked on 11/01/12, 7:20 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

A will is really the basic foundation of any estate plan.

A will enables you to direct all of your probate property to a person, charity, or trust. A will enables you to name an executor - or the person who will be responsible for managing your probate estate and affairs after you are gone. A will also enables you to nominate a guardian for any minor children you may have.

A trust is an excellent option if you want to remove things from your probate estate. You may do this for ease of administration, privacy (a trust is private and a will is public), control or management over the assets even after you are gone, reduce the amount of your estate that is subject to taxation by taking advantage of marital deductions, etc., and a variety of other reasons. A trust can be extremely flexible and powerful, and can accomplish a variety of goals.

If you would like to schedule a consultation with an estate planning attorney, or if you are looking to get started on estate planning, please feel free to contact our estate planning attorney, Emily McNeil, here in our office at 617-357-4898. She accepts appointments in our Boston office but also makes house calls in the metro-west area.

Best of luck!

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Answered on 11/01/12, 7:27 am


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