Change Deed Trust Without Spouse In Massachusetts
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FAQ
Yes, you can create a trust without your spouse. This is often done to maintain control over assets or protect inheritances for children from a prior marriage.
Effect of Marriage In the event of marriage where the principle residence is owned by only one spouse, the new spouse is afforded the protections of the homestead law, even if the new spouse is not a title-owner of the premises. Thus, the new law requires all deeds to reference marital status.
Yes, you can create a trust without your spouse. This is often done to maintain control over assets or protect inheritances for children from a prior marriage.
You may leave whatever you wish to your children. Your spouse, however, has the right to elected to take a share in your estate without regard to your will.
During a divorce, the existence of trusts can create issues for equitable distribution purposes. In other words, one spouse may be using trusts to hide marital assets. If the other spouse has no idea these trusts exist, he or she is unlikely to instigate an investigation, known as asset tracing.
The intricacies of Massachusetts will law do not extend to trusts, making the process of amending a trust less complex. Trust amendments typically involve putting your changes in writing and securing the signature of the person who established the trust, often referred to as the Trustor or Trust Maker.
Many trust agreements automatically treat a spouse named in the document as a beneficiary or trustee as having predeceased, after a divorce has been finalized. However, these trust agreements may not remove your spouse as a beneficiary or trustee should you pass away during the divorce.
In real estate law, "assignment" is simply the transfer of a deed of trust from one party to another.
Yes, you can sell a home with a Deed of Trust. However, just like a mortgage, if you're selling the home for less than you owe on it, you'll need approval from the lender.
When the trust owner dies, the trustee can transfer property out of the trust by using a quitclaim or grant deed transferring ownership of the property to the beneficiary. Here are details on the process and what to do with the inherited property if you're the beneficiary. Estate planning is a complex process.
