What is a Trust in Massachusetts?

Creating a trust can be an effective way to ensure that your assets are managed and distributed according to your wishes, giving you peace of mind. Let’s delve into the world of trusts in Massachusetts and help you understand how they function. A trust is a legal entity created to hold assets on behalf of a person or group. In Massachusetts, a trust can be a beneficial tool in your estate planning process. The person who creates the trust is referred to as the “grantor”, while the person responsible for managing it is called the “trustee”, and those who receive the benefits are the “beneficiaries”.


The Different Types of Trusts

In Massachusetts, there are several types of trusts to choose from, each serving different purposes and providing distinct benefits. Understanding these differences can help you determine which one is best suited for your needs. Here are some common ones:

  1. Revocable Trusts: These trusts can be altered or terminated by the grantor at any time during their lifetime, offering flexibility and control over the assets.
  2. Irrevocable Trusts: Once established, these trusts cannot be changed, offering a firm way to manage assets with potential tax benefits.
  3. Testamentary Trusts: Created through a will, these trusts come into effect only after the grantor’s death, providing a structured way to distribute assets posthumously.
  4. Living Trusts: Operative while the grantor is alive, these trusts help in avoiding probate and can be either revocable or irrevocable.
  5. Charitable Trusts: These trusts are designed to benefit a charitable organization, potentially providing tax benefits to the grantor.
  6. Special Needs Trusts: Established to benefit individuals with disabilities, these trusts ensure the beneficiaries maintain their eligibility for government assistance programs.
  7. Spendthrift Trusts: Protects the trust’s assets from the beneficiaries’ creditors and prevents beneficiaries from squandering their inheritance, by controlling the distribution of assets.
  8. Life Insurance Trusts: These trusts hold a life insurance policy, helping to protect the death benefit from taxes and providing structured management of the policy.


Setting Up a Trust in Massachusetts

When setting up a trust in Massachusetts, you’ll need to identify the assets you wish to include, choose a reliable trustee, and clearly state your intentions for the trust. Drafting a trust agreement with clarity and precision is paramount, and seeking the assistance of seasoned attorneys like us at Jordan & White LLC, can make the process seamless and tailored to your individual circumstances.


The Advantages of Establishing a Trust in Massachusetts

Trusts come with several benefits, including potential tax advantages, avoiding probate, and providing a structured way to distribute assets to beneficiaries over time. In Massachusetts, trusts can also offer a higher degree of privacy compared to wills, as they are not public records. This means the details of your trust remain confidential, safeguarding your family’s privacy.


How Trusts Work alongside Wills in Massachusetts

While trusts and wills are both essential tools in estate planning, they serve different functions. A will outlines how your assets should be distributed after your passing, whereas a trust manages and distributes assets according to the predetermined terms, potentially even while you’re still alive. Incorporating both into your estate plan ensures a well-rounded approach to securing your assets and protecting your family’s future.


When to Update Your Trust in Massachusetts

Setting up a trust is not a one-time affair; it requires occasional reviews and updates to ensure it aligns with any changes in your life circumstances or asset portfolio. Here are a few scenarios when it’s recommended to update your trust:

  1. Change in Financial Situation
  2. Changes in Family Dynamics
  3. Tax laws can change over time
  4. Change in Trustees or Beneficiaries

Apart from specific life events, it is a good practice to undertake general reviews periodically, at least every three to five years, to ensure your trust continues to serve its intended purpose efficiently and effectively.


Crafting Your Trust with Jordan & White LLC

At Jordan & White LLC, we are here to help you walk through the complexities and create a trust that will benefit your family in the long term. Crafting a trust is a personalized process, and we work closely with you to understand and integrate your unique needs and preferences. Call us today at 978-744-2811 or contact us online for assistance with crafting a comprehensive estate plan that suits your individual needs. Your estate planning attorneys on the North Shore of Massachusetts are here to assist you in every way.