Legal Question in Wills and Trusts in Massachusetts
Notice to trust beneficiaries
My mom's will left money to a trust. The trust names some charities as beneficiaries. When should I notify the charities that they are beneficiaries - when they get the money (once we determine the value), or now (when I am filing the will with court)? Is there a rule or law about this? Thank you.
2 Answers from Attorneys
Re: Notice to trust beneficiaries
When you file the Will in Probate, you will be required to give notice to all potential heirs/beneficiaries.
If unsure, you should consider retaining an attorney to assist you, as their fee, once you are appointed executor, will become an expense of the administration of the estate. Good Luck!
Re: Notice to trust beneficiaries
If you are dealing with a pourover will and trust with charitable beneficiaries, it would be a good idea to speak with a probate attorney. Generally, there are obligations to give notice to beneficiaries, including charitable beneficiaries, along with the Attorney General for bequests to charities at the time the "Order of Notice" issues.
If you plan to "go it alone," you should talk to the probate clerk at the probate court where the will will be filed (which depends upon where the decedent was living (domiciled) at the time of death.)
As noted elsewhere, attorney's fees and accountants fees are expenses of the estate and deductible from assets before payment of bequests, and wise counsel can protect an executor or trustee from misteps resulting in personal liability.