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Lack of Court Supervision Bypassing probate is a key advantage of trusts, but it comes with the downside of limited court supervision. In probate, the court ensures that assets are distributed ing to the will, providing oversight. With a trust, there is no automatic judicial review.

In Massachusetts, a will is only valid if it is a written document, signed by the person who created it, and signed by two witnesses. A trust is valid when written, signed in front of a notary public, and when the property has been transferred to your name as trustee.

You have the right to receive an annual accounting of the trust (either formal or informal), including income, expenses, and distributions. Trustees must reply to a beneficiary's request for information regarding the trust's administration and notify beneficiaries when the trust is terminated.

Notary: Massachusetts requires a trust to be notarized for it to be considered legally valid. E-Trust: Massachusetts does not currently recognize digital-only trusts. A trust may be created in an electronic format but must be printed, signed and stored in a safe place.

In Massachusetts, there are specific grounds on which a will or trust can be contested: Lack of Capacity: The legal framework stipulates that the individual creating the document must have been mentally competent for a will or trust to be considered valid.

You could technically create an oral trust, but that would create more problems than it is worth. It is a simple matter to create a handwritten trust in California that our courts would enforce and uphold. In fact, it is easier to create a handwritten trust than to make a handwritten will in our state.

Creating a living trust in Massachusetts occurs when you create a written trust document. You then sign this in front of notary. The trust is complete once you transfer assets into it. A living trust is an important option available as part of your estate plan.

Section 813: Duty to inform and report Unless unreasonable under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request for information related to the administration of the trust.

Notary: Massachusetts requires a trust to be notarized for it to be considered legally valid. E-Trust: Massachusetts does not currently recognize digital-only trusts. A trust may be created in an electronic format but must be printed, signed and stored in a safe place.