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Not all states recognize a Trust Deed. Use a Mortgage Deed if you live in: Connecticut, Delaware, Florida, Indiana, Iowa, Kansas, Louisiana, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, or Wisconsin.
A deed of trust is a legal document that secures a real estate transaction. It only shows that a designated third party holds legal title?i.e. ownership?to your property until you've paid it off, ing to the terms of your loan.
(1) Any Massachusetts trust desiring to do business in this state shall file with the secretary of state a verified copy of the trust instrument creating such a trust and any amendment thereto, the assumed business name, if any, and the names and addresses of its trustees.
It is critically important to have an attorney review any affidavits of objection that are filed, as they can be easily challenged. To challenge a trust on the basis of undue influence, you need to file a lawsuit (known as a complaint) in either the Probate or Superior Court.
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 be kept reasonably informed about the trust. Even if you're years away from being able to access any assets held in the trust, you're entitled to know what's there.
Living trusts in Massachusetts You may choose anyone, but it is common to name yourself, with a successor trustee in place for after your death. A revocable living trust can be changed or cancelled by you at any time during your life. An irrevocable living trust is unalterable once it is signed.