Trust Preparation and Trust Administration Lawyer – 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.
Trust Preparation
Trusts can be helpful for a variety of reasons as you can see from the list below, including estate tax minimization, preventing of a young adult or someone who is not good with money 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 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 their lifetime. Trust administration entails managing trust assets (which often consist of financial assets, such as stocks and bonds, and real estate), as well as filing any required tax returns applicable to the trust. Trusts typically include a provision nominating a “successor trustee” if the original trustee dies or is unable to serve in this role.
Trust Administration after a Grantor’s Death
When the grantor/trustee dies, our firm may be retained notify the person or entity specified in the trust as the “successor trustee” of their succession to this position, and to review the terms of the trust to determine what actions need to be undertaken, such as required asset distribution.
Trust Questions and Disputes
Questions frequently arise concerning trust administration matters. Some of the more common topics 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 provide representation to trustees concerning their actions. (See Probate and Trust Litigation)
Trust Benefits
- 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
