Learn about the differences between these two probate classifications, and see whether the probate of your loved one may qualify for the expedited informal probate process.more...
Trust Preparation and Trust Administration Lawyers – Serving Boston, Braintree, Quincy, Cape Cod and the South Shore Communities
As a trust lawyer, I help clients achieve estate distribution objectives through trust creation and trust administration.
- Avoid the delays and cost of probate proceedings
- Maintain privacy about your family’s financial affairs
- Plan for disability; a trust can include a set of instructions for how you would want financial matters to be handled
- Protect your surviving loved ones from creditors or financial predators
- Prevent you and your spouse from unintentionally disinheriting your children
- Encourage values in children such as self-sufficiency, financial stability and charitable giving
- Provide protection for children or loved ones susceptible to reckless or ill-advised spending
- Protect yourself and your family’s assets from lawsuits and divorce judgments
- Protect and supplement the needs of an individual with a disability or special needs
- Protect, maintain and build your family’s wealth for future generations
- Accomplish your estate tax planning goals
Trusts can be helpful for a variety of reasons as you can see from the list, including estate tax minimization, prevention of a young adult or someone who is not good with moeney from suddenly receiving a large inheritance, and distributing assets to beneficiaries (including charities) over time.
Upon learning about the nature of a client’s estate and their asset distribution plans, I can advise as to whether a trust may be beneficial. If a trust is desired, I will prepare a trust crafted to a client’s specific needs.
Trust Administration During a Grantor’s Lifetime
Often, the person making the trust (called the “grantor”) will also serve as a trustee during his or her lifetime. Trust administration usually entails managing trust assets (which often consist of financial assets, such as stocks and bonds), as well as filing any required tax returns applicable to the trust. Trusts typically provide for a “successor trustee” if the original trustee dies or is unable to serve in this capacity.
Trust Administration after a Grantor’s Death
When the grantor/trustee dies, the firm will notify the person or entity specified in the trust as the “successor trustee” of their succession to this position. We will also want to review the terms of the trust to determine what actions need to be undertaken, such as required asset distribution.
In matters in which non-cash assets are to be distributed, the firm can also take action to transfer property, such as in the case of real estate transfers.
Trust Questions and Disputes
Questions frequently arise concerning trust administration matters. Some of the more common matters concern trust asset investments, tax issues and filing obligations, administration fees, and questions relating to asset distribution. I am available to advise trustees concerning these and other trust matters.
Additionally, beneficiaries may question the trustee concerning the management of the trust, or disputes may otherwise arise. When these disputes occur, I advise trustees concerning their fiduciary obligations and how they should act when beneficiary claims are made. If litigation is commenced, I can represent trustees concerning their actions. (See Probate and Trust Litigation)
What Our Clients Say
“First contacted Tony in 2012 to create trusts for my elderly aunt and uncle. Very accommodating, delivered exactly what we needed. Tony is very easy to work with, and extremely professional. I would highly recommend as an elder law attorney.”
Avvo 5 Star Review – Mark
The firm will not take any action on your behalf unless and until a written agreement for representation is signed by the firm.
Gemma Law Office News & Information
When estate planning is being undertaken at the same time that a person is separated or getting a divorce, it is critical that the person engaging in estate planning fulfill their other obligations concerning asset disclosure in connection with the divorce or separation. A person may not simply shield their assets from a divorce by creating and transferring their assets to a trust, or otherwise giving away assets.more...
If a will is not valid, a person will be deemed to have died “intestate”, and property will be distributed according to state intestate laws. Learn what you need to do to prevent this outcome.more...