Legal Question in Wills and Trusts in Massachusetts
My mother has passed away and I am the executor of her trust. The beneficiaries are me and my four sisters. After I pay all outstanding bills, etc, do I need to file anything before I can equally distribute the remaining assets in the trust according to the instructions in the will? I assume I'll also need to leave some funds in the trust to pay 2010 final taxes for the estate, if any... Thanks (My mother resides in New Hampshire)
1 Answer from Attorneys
First you should really ask a NH attorney this question.
What is not clear is if there are any assets not already held by the Trust that will be placed in the Trust by direction of the Will. I assume the Trust was a revocable trust that became irrevocable upon your mother's death.
Assuming all your mother's assets are in the Trust, then you do not need a probate court's permission to pay bills and disburse funds.
You should take your mother's will and trust to an attorney to review, as well as a list of assets held by the trust and those that are not.
Please feel free to contact me if you have more questions.
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