Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Trusts are legal arrangements that allow a person or entity - the trustee - to hold and manage assets for the benefit of named beneficiaries. Trust law in Braintree is governed primarily by Massachusetts state law and by rules and procedures followed in Norfolk County. Trusts are commonly used for estate planning, asset management, incapacity planning, tax planning, and protecting beneficiaries who are minors or have special needs. While the basic legal concepts are uniform across the United States, specific procedures for trust administration, recordings of real estate transfers, and probate-related filings are handled at the county level.
Trust matters frequently involve complex legal, tax, and factual issues. You may need a lawyer if you are:
- Creating an estate plan and deciding whether a revocable living trust, an irrevocable trust, or another vehicle is appropriate.
- Funding a trust correctly, including transferring real estate, retirement accounts, and other titled assets into the trust.
- Serving as a trustee and unsure about fiduciary duties, recordkeeping, distributions, or investments.
- Beneficiary seeking information about trust terms, accountings, or suspected mismanagement.
- Handling the administration of a trust after a settlor's death, including tax filings and distributions.
- Contesting a trust for reasons such as fraud, undue influence, lack of capacity, or improper execution.
- Setting up special purpose trusts such as special needs trusts, spendthrift trusts, charitable trusts, or generation-skipping trusts.
A lawyer can help clarify legal obligations, prepare or review trust documents, handle court filings in probate or trust litigation, and coordinate with accountants and financial institutions.
Key legal aspects relevant to trusts in Braintree include:
- State law governs trusts. Massachusetts statutes and case law set standards for trust creation, interpretation, trustee duties, modification, and termination.
- Probate and Family Court jurisdiction. Trust disputes, trust accountings, petitions for instruction, and related probate matters are handled by the Probate and Family Court that serves Norfolk County.
- Recording real estate. If real estate is transferred into a trust, the deed conveying the property into the trustee's name must usually be recorded at the Norfolk County Registry of Deeds to ensure marketable title and proper public notice.
- Tax considerations. Trust income is reported for tax purposes, and some trusts can affect estate tax exposure. Massachusetts has its own estate tax rules and thresholds which may differ from federal rules.
- Trustee duties and liability. Massachusetts law imposes fiduciary duties on trustees - including duties of loyalty, care, impartiality, and prudence - and provides mechanisms for beneficiaries to seek redress for breaches.
- Modifications and decanting. Under certain conditions, trusts can be modified or reformed either by agreement of beneficiaries, court order, or by statutory procedures; the availability of options depends on trust terms and state law.
A revocable trust can be changed or revoked by the settlor during the settlor's lifetime and is commonly used to avoid probate and plan for incapacity. An irrevocable trust generally cannot be altered without beneficiary consent or court approval and is used for asset protection, tax planning, and certain Medicaid or creditor protection strategies. Each type has different tax and control consequences.
Yes. A trust only controls assets that have been properly titled in the name of the trust or designated as trust assets. Real estate usually requires a new deed naming the trustee as owner and recording at the county Registry of Deeds. Bank accounts, brokerage accounts, and retirement accounts may require beneficiary designation changes or re-titling depending on the account type.
Properly funded revocable living trusts generally help avoid probate for assets placed in the trust. Assets not transferred into the trust may still pass through probate. Some assets - such as jointly held property and accounts with beneficiary designations - already pass outside probate.
A trustee must act in the best interests of the beneficiaries, follow the trust terms, keep accurate records, provide accountings when required, avoid conflicts of interest, invest prudently, and administer the trust according to Massachusetts law. Trustees can be held personally liable for breaches of fiduciary duty.
Ask the deceased person's attorney, financial institutions, or family members. If the trust is not public, it may require communication with likely trustees or checking for recently recorded deeds showing property transferred to a trustee. If you suspect a trust exists and cannot locate it, an attorney can help request necessary disclosures or search probate records for related filings.
Yes. Beneficiaries or interested parties can challenge a trust on grounds such as lack of capacity, undue influence, fraud, improper execution, or ambiguity in trust terms. Challenges are typically brought in the Probate and Family Court. Timing and standing rules apply, so prompt legal consultation is important.
Trusts may be subject to federal income tax on trust income and may require separate tax returns. Massachusetts has estate tax rules that may affect larger estates. Gift tax, generation-skipping transfer tax, and state-specific tax consequences may also apply. Consult an attorney and a tax professional to coordinate tax reporting and planning.
You can use a qualified attorney from elsewhere, but a lawyer familiar with Massachusetts trust law and Norfolk County procedures has advantages - local court experience, relationships with local registries and fiduciary professionals, and familiarity with local practices. Many firms in the Boston area handle Norfolk County matters.
Costs vary by complexity. Simple revocable living trusts cost less than complex irrevocable, special needs, or tax-driven trusts. Lawyers may charge a flat fee for drafting basic estate plans or hourly rates for customized arrangements. Expect additional costs for funding the trust, recording deeds, and coordinating with financial institutions.
Document your concerns and request an accounting from the trustee. If the response is inadequate, consult an attorney who specializes in trust litigation. Remedies can include court-ordered accountings, removal of the trustee, surcharge for losses, or other equitable relief from the Probate and Family Court.
Useful local and state resources include:
- Norfolk County Probate and Family Court - for filings and procedural information.
- Norfolk County Registry of Deeds - for recorded property deeds and title information.
- Massachusetts Probate and Family Courts web resources - for forms and self-help information.
- Massachusetts Bar Association - for lawyer referral services and practice guides.
- Massachusetts Legal Assistance Corporation and local legal aid organizations - for low-cost or pro bono help for eligible residents.
- AARP Massachusetts and elder law clinics - for resources on elder financial safety, Medicaid planning, and special needs concerns.
- Certified public accountants and enrolled agents with trust experience - for tax guidance on trust income and estate tax matters.
If you need legal assistance with a trust in Braintree, consider the following steps:
- Gather documents. Collect existing wills, trust instruments, deeds, account statements, beneficiary designations, and any communications with trustees or attorneys.
- List assets and beneficiaries. Create a clear inventory of assets and how they are titled today.
- Decide your goals. Determine whether your priority is avoiding probate, tax planning, asset protection, incapacity planning, or beneficiary protection.
- Consult a qualified attorney. Look for an attorney experienced in Massachusetts trust and estate law. Use the Massachusetts Bar Association or local referral services to find attorneys with relevant experience.
- Prepare questions for your first meeting. Ask about options, costs, timelines, trustee duties, tax implications, and post-creation steps such as funding the trust and recording deeds.
- Fund the trust and update titles. Work with your attorney and financial institutions to retitle assets and record deeds as needed.
- Keep organized records and communicate. Maintain trust documents, accountings, and clear communications with trustees and beneficiaries to reduce disputes.
Remember that this guide provides general information and is not a substitute for tailored legal advice. For specific guidance about your situation, contact a licensed attorney in Massachusetts who handles trust matters.
