How to Create a Trust in Massachusetts

When you’ve spent your life working hard, raising a family, and building a home, the last thing you want is to leave behind confusion or court battles. You might worry about what happens to your assets, who will step in to handle your financial affairs, or how your family will cope with the probate process. A trust gives you a way to take control now, so your loved ones don’t face chaos later.

Even if you’re just starting out—buying your first home, growing a business, or thinking about the future—creating a trust in Massachusetts can give you more control over what happens to your property, your money, and the people who rely on you. It isn’t just for the wealthy or the elderly. Whether you’re trying to avoid probate, protect your house, care for minor children, or reduce taxes, the right trust can support your goals.

In this blog, you’ll learn how trusts work, what types exist, and how to create a trust in Massachusetts that protects your assets and supports your family’s future.

What Is a Trust and Why Consider One?

A trust is a legally binding document that allows you to decide how your property will be managed and distributed, both during your lifetime and after your death. In Massachusetts, if you’re the one setting up the trust and transferring assets into it, you are legally known as the settlor.

Some documents may also refer to this role as the grantor or trustor, but settlor is the term used in state law. You’ll also name a trustee. A trustee is someone you trust to manage those assets according to your instructions.

In Massachusetts, many people create trusts to:

• Avoid probate and keep matters private
• Appoint someone to manage their affairs if they become incapacitated
• Provide for minor children, a surviving spouse, or a loved one with special needs
• Reduce estate taxes at the state and federal level
• Protect assets from creditors or lawsuits
• Support charitable giving goals
• Prevent family conflicts or legal challenges after death

The type of trust you choose will depend on your goals, the nature of your assets, and how much control you want to keep.

Types of Trusts You Can Create

Massachusetts law recognizes many types of trusts, but two common options for estate planning are revocable and irrevocable trusts. Each one serves a different purpose.

Revocable Living Trusts

A revocable living trust allows you to:

• Stay in full control of your assets during your lifetime
• Add or remove property as your life changes
• Modify or cancel the trust entirely
• Appoint a successor trustee to step in when needed

These trusts are popular because they allow for flexibility while helping your family avoid probate when you pass away. However, since you still control the assets, they are generally subject to estate taxes and creditors.

Irrevocable Trusts

Once you create an irrevocable trust and fund it with your property, you give up control of those assets. In exchange, this option offers:

• Stronger asset protection
• Potential estate tax reduction
• Limited exposure to creditors or long-term care claims

Irrevocable trusts are commonly used in Medicaid Planning, charitable giving, or to protect the family home.

Other Types of Trusts You Might Consider

• Testamentary trusts, which are created through your will
• Pet trusts, which set aside money for animal care
• Special needs trusts, which protect government benefit eligibility
• Charitable trusts, which support philanthropic causes

Steps to Create a Trust in Massachusetts

Creating a trust involves more than filling out a form. It’s about defining your wishes clearly, choosing the right people to carry them out, and protecting your loved ones from future legal or financial trouble.

1. Decide on Your Goals

Start by identifying why you want to create a trust. Are you trying to avoid probate court? Reduce estate taxes? Protect a loved one with a disability? Your purpose will shape the type of trust you need.

2. Choose the Type of Trust

Based on your goals, a Massachusetts trust lawyer can advise whether a revocable or irrevocable trust is best. You’ll also decide if the trust should take effect during your lifetime or after your death.

3. Select a Trustee

This person will manage the trust assets, pay any debts, and distribute property to your beneficiaries. You can name yourself as trustee while you’re alive, with a successor trustee named to take over if you die or become unable to serve.

4. Identify the Beneficiaries

Your beneficiaries are the people (or organizations) who will benefit from the trust. This could include your children, spouse, relatives, or even a charitable cause.

5. Work with Trust Attorneys to Draft the Document

A valid trust document must meet Massachusetts legal standards to hold up in court. Trust attorneys will:

• Draft the trust language based on your goals
• Address legal issues like asset protection, taxes, and incapacity
• Help you sign and notarize the document to make it legally binding

6. Transfer Assets Into the Trust

This step is called “funding” the trust. You’ll retitle assets like your home, bank accounts, or investments into the name of the trust. Without this step, the trust can’t control those assets.

7. Keep the Trust Updated

Life changes. Births, deaths, divorces, or new assets might affect your original plan. A trust is only useful if it reflects your current wishes, so review it regularly.

Do You Still Need a Will?

Even if you create a trust, you should still have a will. A will:

• Names a guardian for your minor children
• Covers any property not placed in your trust
• Allows you to name a personal representative to handle your estate

In most cases, people with a living trust also draft a pour-over will that transfers any remaining assets into the trust after death. This serves as a backup to avoid Massachusetts intestate succession laws, where property would otherwise pass to your closest relatives.

What About Taxes and Probate?

Massachusetts imposes a state estate tax on estates over $2 million, even if no federal estate tax is owed. A trust may help reduce this burden by:

• Removing certain assets from your taxable estate
• Allowing structured gifts over time
• Providing more control over how wealth is passed on

A properly funded trust also avoids the delays, expenses, and public nature of probate court. Instead of dealing with months of paperwork and hearings, your successor trustee can distribute trust property directly according to your instructions.

When to Consult a Trust Lawyer in Massachusetts

Setting up a trust isn’t just about legal paperwork. It’s about protecting your family, your property, and your peace of mind. A trust lawyer can guide you through:

• Choosing between revocable and irrevocable trusts
• Reducing estate taxes through proper planning
• Protecting your home or financial accounts from long-term care costs
• Creating trusts for children or loved ones who may need guidance
• Managing complex issues like business ownership or charitable giving

Working with legal professionals who focus on estate planning can reduce stress for you now, and prevent expensive legal battles later.

Avoid Probate, Reduce Taxes, and Protect Your Legacy

Without a trust, your estate could end up in court, exposed to public records, legal fees, and potential disputes. With the right plan, you can reduce taxes, protect your family home, and control how your wealth is passed on.

For over 20 years, The Law Office of Polly Tatum has guided families across Massachusetts through the Massachusetts estate planning process with respect, clarity, and compassion. Whether you’re just starting or updating an existing plan, we’ll work with you to create a trust that meets your needs today and supports your family’s future.

Your online search for “trust lawyers near me” brought you here, and you’re in the right place. Take the next step and call (508) 795-1557(508) 795-1557 or fill out our confidential online form to schedule your initial Strategy Session today. In-person and virtual appointments are available.

Looking for additional guidance before you commit to a plan? Visit our events page to see upcoming workshops and webinars hosted by Attorney Polly Tatum.

At the Law Office of Polly Tatum, we’ll help you PROTECT WHAT MATTERS MOST!

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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Worcester, MA 01609
(508) 795-1557(508) 795-1557
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