Massachusetts US Legal Guide to Revocable Land Trusts

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US-GDE-07
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This guide provides an overview of revocable land trusts. Topics coverd include benefits of a revocable land trust, how to select a trustee, beneficiaries, and how to create a land trust.

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FAQ

To make a living trust in Massachusetts, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...

The estate planning attorney would establish a nominee trust of which the revocable trust was sole beneficial owner. Only the nominee trust would be recorded. Consistent with most other states, Massachusetts now permits a Trustee's Certificate to be recorded instead of the entire trust (MA gen. law.

Assets That Can And Cannot Go Into Revocable TrustsReal estate.Financial accounts.Retirement accounts.Medical savings accounts.Life insurance.Questionable assets.26-Jan-2020

Along with G.L.c. 184, §35, which governs trustee's certificates for non-testamentary trusts, G.L.c. 203, A§2 was amended to allow the recording of a trustee's certificate in the place of the entire trust instrument in the registry of deeds or office of the land court in the district where the real property is situated.

In Massachusetts, there are filing fees that will depend on the exact type of petition you wish to make. In order to create a general petition for the creation of a trust, the filing fee is $375 with a surcharge of $15.

To make a living trust in Massachusetts, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...

Massachusetts does not require a trust instrument to be notarized to be valid. However, if the trust may hold or dispose of real property and may need to be recorded with the registry of deeds, counsel should include provisions for the trust instrument to be acknowledged and notarized so the instrument can be recorded.

How to Create a Living Trust in MassachusettsDecide between a single or joint trust. A single is obviously a good match for those that are unmarried.Review your property.Pick a trustee.Get your trust documents together.Sign your living trust.Fund your trust with your assets and property.

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Massachusetts US Legal Guide to Revocable Land Trusts