Legal Question in Wills and Trusts in Massachusetts

Will, Type of Trust and Timeframe for Affidavit to be filed

In order for a Will to become a legal binding document, does the Will have to be notarized?

My father held assets for my brother in trust. The attorney has not told us what type of trust was created. ie Nominee, Grantor, Revocable or Irrevocable trust My father never filed a calendar year end trust. If the trust that was created and it was not a Nominee trust isn't the estate responsible for all back taxes? The will was created in 1986.

What does the word "Harmless to the estate" mean? My attorney indicated my brother would have to sign a document indicating my brother would be responsible for any IRS back taxes, which the attorney called "Harmless to the estate". Wouldn't that only apply if the trust that was created is a nominee trust?

Is there a deadline to file an affidavit with the courts indicating the estate is under $650,000, therefore no estate tax returns are due? My attorney told me no.


Asked on 5/24/00, 8:58 am

1 Answer from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: Will, Type of Trust and Timeframe for Affidavit to be filed

You need to pose these questions to your attorney. He or she is the only person who has sufficient information to give you a valid legal opinion. If you do not trust his or her advice, then hire a replacement attorney.

Be wary of the value of any "second opinion" you may get on the web. It will be worth exactly what you pay for it. Nothing.

I apologize if my response seems rude, I am trying to be blunt, and honest. You probably will not hire me because of it, but this answer is the right one.

Read more
Answered on 7/05/00, 10:50 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts