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Category: Trusts

The Importance of Special Needs Trusts in Protecting Public Benefits 

Warm impressionist-style painting of a family gathered around a table with a baby, symbolizing care, protection, and the importance of planning for loved ones with special needs.

When estate planning involves a loved one with disabilities, special needs trusts become a critical tool. They allow individuals to receive an inheritance or other financial support without jeopardizing their access to crucial public benefits like Medicaid or Supplemental Security Income (SSI). In this article, we will explore the basics of special needs trusts, why […]

Understanding Trustee Duties: What You Need to Know When Administering a Trust

Illustration of a lawyer explaining trust administration to two clients in an office setting, representing trustee responsibilities and estate management.

https://youtu.be/Kj_75eqs3s8Trusts are a powerful estate planning tool that allow individuals to manage and protect their assets during their lifetime and after their death. However, with the benefits of creating a trust comes the responsibility of trust administration. The role of the trustee is at the heart of trust administration, and it comes with a variety […]

The Decline of Testamentary Trusts in Massachusetts

A young woman with dark hair, wearing an orange top, sits at a wooden desk with her hand covering her mouth, appearing distressed or crying. Across from her, an older woman with gray hair, wearing a light blue shirt, looks down at a document, seemingly comforting or advising the younger woman. In the background, there's an office setting with shelves of binders and documents.

Testamentary trusts, also known as “trusts under a will,” are becoming less common in estate planning due to various inefficiencies and complexities. Once a staple in many estate plans, these trusts are now often seen as outdated and cumbersome compared to other available options. In this article, we’ll explore the reasons behind the decline of […]

The Intention to Create a Trust

The word "TRUST" spelled out with individual letter tiles, similar to Scrabble tiles, laid out on a reflective wooden surface against a blurred light background.

Creating a trust in Massachusetts requires a clear intention to establish such an arrangement. The settlor, or person establishing the trust, must manifest this intention, which is typically evaluated as a question of fact. As noted by the Massachusetts Supreme Judicial Court, ‘[W]hether a trust is created depends primarily upon the manifestation by the parties […]

Ways to Create Trusts in Massachusetts and Key Definitions

A "TRUST AGREEMENT" document with a signature is laid out on a wooden desk with a pen and a pair of glasses beside it. A small potted succulent is on the left. In the blurred background, a family of three – a man, a woman, and a young child – stand holding hands in a bright, modern living room, looking towards a window.

As a Massachusetts attorney, understanding the legal framework surrounding trusts is essential for guiding clients in estate planning and asset management. Trusts are a powerful tool for managing property, ensuring assets are distributed according to specific wishes, and providing financial security for beneficiaries. This article will break down the key terms and methods related to […]

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