Legal Question in Wills and Trusts in Massachusetts

Re: Massachusetts Trusts

If you feel uneasy about the information received from the Attorney/trustee, you certainly can engage your own attorney. However, it might make sense to simply ask why his advice has changed.

Depending upon liquidity of an estate, and the expected taxes, administration expenses, and debts of the decedent, and how well the decedent's financial affairs are known by the fiduciaries, it is sometimes possible to make an early distribution. In other situations, where information is imperfect, prudence frequently dictates holding off on distribution until no more claims can be brought, and any amounts for income taxes or estate taxes have been determined.

The trust can avoid probate, but there are limitations with respect to avoidance of creditors, depending upon particular circumstances. Likewise for estate and income taxes.

The style of attorneys varies. Some are very forthcoming with information, and excel in keeping their clients informed, whether or not they ask. Others take their cue from the clients, and provide information only when the client inquires or when the attorney determines that the client needs to know specific information. However, the client (your husband), is always free to ask and should ask if he doesn't understand what is going on. I.e., don't write off the attorney until you ask the questions that are bothering you, and see what the answers are.

If your husband does determine that he needs a new attorney, please feel free to have him contact my office.

Otherwise, good luck and I hope you get the information that you are looking for.

Re: Massachussets Trusts

I am sorry for your family's loss.

Attorney Harvey is correct that in order to provide an accurate answer, it is necessary to review the trust itself together with any will left by your husband's uncle.

There are a number of reasons why the funds in the trust may not yet be available for distribution (i.e., the trust may dictate such a result, the funds may not be available to the trust if they had to go through probate first, the trust may request that all creditors and expenses of the estate be paid with trust funds, etc.).

Please don't hesitate to contact my office if you would like to schedule a consultation. I would be happy to meet with you.

Re: Massachussets Trusts

Any answer to this would require a review of all the documents involved. You should probably ask the co-trustee attorney to explain it to you more clearly.

Good luck -