do and don'ts when dealing with a trust or estate attorney in massachusetts

by Karen Buckridge 8 min read

Do I need a lawyer to settle a trust after death?

Dec 14, 2017 · A family trust can have significant savings for Massachusetts couples (in this example, $200,000). Any family estate in Massachusetts worth $1 million can benefit from estate tax planning. Other strategies to avoid an estate tax include creating a gifting plan, life insurance trusts, and qualified personal residence trusts (QPRTs).

What are the do's and don'ts of an irrevocable trust?

As life unfurls, from time to time, you may want or need to change your estate planning. You may want to change one or all of these legal documents that together build a Massachusetts estate plan, usually consisting of a: . Will. Trust. Health Care Proxy. Durable Power of Attorney. Usually, you will not alter all of these documents at one time.

Do you need a lawyer for a successor trustee?

The Do’s and Don’ts of Administering a Special Needs Trust. By Anthony J. Enea, Esq. While many elder law and trust and estates practitioners are knowledgeable and well versed in the benefits of utilizing a Special Needs Trust (“SNT”); as well as the differences between a Self Settled SNT and a Third Party SNT, one area of confusion and consternation for the practitioner is the day to ...

When to call a law firm for a trust?

Irrevocable Trusts Do's and Don'ts. Do's. Do make all transfers to your trust, as advised by the law firm, in a timely manner. Do use trust assets for repairs, maintenance and improvements to real property in the trust. Do use trust assets for payment of …

What should you not put in a trust?

Assets that should not be used to fund your living trust include:Qualified retirement accounts – 401ks, IRAs, 403(b)s, qualified annuities.Health saving accounts (HSAs)Medical saving accounts (MSAs)Uniform Transfers to Minors (UTMAs)Uniform Gifts to Minors (UGMAs)Life insurance.Motor vehicles.

Can a trustee take all the money?

Under What Circumstances Can a Trustee Borrow Money From a Trust? So long as the terms of the trust do not forbid the borrowing of trust funds by a trustee, a trustee may have the ability to borrow money from the trust.Jul 20, 2021

How long does it take to settle an estate with a trust?

Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs. What determines how long a Trustee takes will depend on the complexity of the estate where properties and other assets may have to be bought or sold before distribution to the Beneficiaries.

What expenses can be paid from a trust?

Most expenses that a fiduciary incurs in the administration of the estate or trust are properly payable from the decedent's assets. These include funeral expenses, appraisal fees, attorney's and accountant's fees, and insurance premiums.

What is the 65 day rule for trusts?

Under Section 663(b) of the Internal Revenue Code, any distribution by an estate or trust within the first 65 days of the tax year can be treated as having been made on the last day of the preceding tax year.Feb 7, 2022

How does a beneficiary receive money from a trust?

There are three main ways for a beneficiary to receive an inheritance from a trust: Outright distributions. Staggered distributions. Discretionary distributions.

What is considered a large inheritance?

There are varying sizes of inheritances, but a general rule of thumb is $100,000 or more is considered a large inheritance. Receiving such a substantial sum of money can potentially feel intimidating, particularly if you've never previously had to manage that kind of money.

How is money distributed from an estate?

Most assets can be distributed by preparing a new deed, changing the account title, or by giving the person a deed of distribution. For example: To transfer a bank account to a beneficiary, you will need to provide the bank with a death certificate and letters of administration.

Can an executor withdraw money from an estate account?

Once a Grant of Probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will.

Are funeral expenses tax deductible in a trust?

A. Unfortunately, no. You can't take the deductions.Jul 8, 2020

How are taxes paid on a trust?

Trust beneficiaries must pay taxes on income and other distributions that they receive from the trust. Trust beneficiaries don't have to pay taxes on returned principal from the trust's assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements.

Are bank fees tax deductible for a trust?

Over the years there has been significant litigation over what expenses are truly considered unique to a trust or estate, and thus are fully deductible. ... In addition, fiduciary fees, accounting fees, legal fees, and tax return preparation fees have been recognized as fully deductible by trusts and estates.May 12, 2020

How many states have decanted trusts?

Decanting may be authorized by the express terms of the trust instrument, by common law, or by state statute. As of October 2019, 29 states have enacted decanting statutes, with differing attributes. For example, some state statutes authorize decanting in a restatement of the original trust, eliminating the tedious task ...

What is decanting in trust?

Decanting can be a great way to add flexibility to irrevocable trusts. Beyond correcting scrivener’s errors, resolving ambiguities, or clarifying trust language, decanting allows trustees to change some provisions of an irrevocable trust by pouring the assets into a new trust with modified terms. Decanting can be used to make administrative changes ...

What is executor and administrator?

Executors and administrators are court-appointed personal representatives of the estates of individuals who have passed away. To that end, they are tasked with a number of duties and responsibilities, and they are held to a strict fiduciary standard with regard to the actions they take in carrying out those duties.

What does an executor do?

As the Executor or Administrator, it’s part of your job to identify all the assets belonging to the deceased individual — including those that are still unpaid — and secure them on behalf of the estate. These assets may include unpaid salary, retirement benefits, healthcare benefits, disability benefits, and payments under contract.