Legal Question in Wills and Trusts in Massachusetts

Re: Unfreezing assets

Assets in trust are typically governed by the terms of the trust agreement, which will normally address what happens upon death.

Typically, if the bulk of a decedent's assets are in trust, reserves will need to be set aside to pay estate and income taxes, funeral and burial expenses, debts of the decedent and expenses of any final illness.

Otherwise, one would look to the terms of the trust to determine when other assets could be distributed, and who the successor trustee is. If your father had an attorney, you should consult with him to determine what the next steps are, including probate for assets presenting in your father's name (if any), etcetera.

In short, it is the successor trustee who will have authority over the trust assets until distribution in accordance with the terms of the trust.

If you do not yet have an attorney, please feel free to contact my office.

: Unfreezing assets

I assume that you have a court order appointing you as an executor. Once you have this order, you can take control of the assets. As Herb said, you cannot spend down the assets without concern for debts and other obligations.

If you need assistance, contact me.

Re: Unfreezing assets

The short answer is that you don't. The trustee (whoever that may be) is in charge of trust assets.

Your job as the executor is to work with the trustee. It's important to understand that the probate estate (the assets which pass through the will) and the trust are legally two separate entities. You should make sure that you have a copy of the trust, read it very carefully along with the will, and see how the will and the trust interact.

Please feel free to contact me if I can be of assistance.

Re: Unfreezing assets

The Trust is not frozen, you need to have someone appointed as the new Trustee. The Trust should name the Trustee. I suggest you contact an attorney for some simple advice on how to proceed the easiest and least complicated way.

If you have more questions, please feel free to contact me.