What You Should Know about Revocable Living Trusts Under Massachusetts Law.

Understanding Revocable Living Trusts Under Massachusetts Law: What You Should Know

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As an estate planning attorney serving Gloucester, Rockport, Manchester by the Sea, Beverly, and the greater North Shore, we have guided countless families through the process of protecting their assets and planning for the future. One of the most valuable tools available to Massachusetts residents is the revocable living trust. While often misunderstood, this estate planning document can offer flexibility, privacy, and probate avoidance—when created and used properly.

Many clients come to us after hearing about trusts from friends or financial advisors, but they’re unsure if a revocable living trust is the right fit. We believe it’s important to provide practical, legally accurate information. Massachusetts law permits individuals to create revocable living trusts to manage assets during their lifetime and distribute them at death without going through probate. However, the trust must be properly drafted, funded, and maintained. Without these critical steps, the trust may fail to achieve its intended goals.

What Is A Revocable Living Trust And How It Works In Massachusetts

A revocable living trust is a written agreement that allows us to transfer ownership of assets into the name of a trust that we control during our lifetime. Under Massachusetts law, these trusts are governed primarily by the Massachusetts Uniform Trust Code (MUTC), found in Massachusetts General Laws Chapter 203E. Section 603 specifically allows the person who creates the trust—known as the settlor or grantor—to also serve as the trustee and beneficiary during life, retaining full control over the assets.

Because the trust is revocable, we can change, amend, or revoke it entirely at any time while we are mentally competent. This flexibility makes it an appealing option for those who want to retain control but also avoid probate and reduce administrative headaches for their families.

Upon our death, a named successor trustee takes over, following the terms of the trust to distribute assets to our chosen beneficiaries. Unlike a will, which must pass through the probate process under M.G.L. c. 190B, a properly funded revocable trust allows our assets to transfer directly, privately, and efficiently—without court oversight.

Key Benefits Of A Revocable Living Trust In Massachusetts

One of the main advantages of a revocable trust is avoiding probate. In Massachusetts, probate can be a lengthy and public process. Assets held in a trust pass immediately to beneficiaries according to the terms of the trust, without delays or additional court costs.

Another important benefit is privacy. Probate records are public, meaning anyone can access details about your estate. Trusts are private documents and are not filed with the probate court unless contested.

Revocable living trusts also provide continuity of asset management if we become incapacitated. Without a trust, managing our financial affairs would likely require a court-appointed guardian or conservator. With a trust in place, the successor trustee can step in immediately to manage assets without court intervention.

Additionally, trusts can be structured to delay distributions to beneficiaries, protect young or financially inexperienced heirs, and reduce the risk of inheritance mismanagement.

Funding The Trust: A Common Mistake In Massachusetts Estate Plans

One of the most common issues we see in Essex County is that clients set up a revocable trust but fail to fund it. Funding means transferring ownership of assets—real estate, bank accounts, investment accounts, and personal property—into the name of the trust.

If this step is missed, the assets remain in the individual’s name and will still be subject to probate. That’s why we always stress the importance of properly titling assets and updating beneficiary designations where appropriate. A trust is only as effective as the assets it holds.

Massachusetts Law Supports Flexibility—But Precision Is Essential

The MUTC gives residents wide latitude to create and amend revocable trusts, but the language of the trust must be precise. Any ambiguities can lead to court involvement, particularly if heirs or beneficiaries raise questions.

As attorneys, we also coordinate your trust with other essential documents, including your pour-over will, durable power of attorney, and health care proxy. These documents work together to provide complete legal coverage. Without this coordination, your trust could be undermined or assets could be left unaccounted for.

Massachusetts Estate Planning Frequently Asked Questions

Is A Revocable Living Trust Valid In Massachusetts?
Yes. Massachusetts law under Chapter 203E recognizes revocable trusts as legally valid estate planning tools. The trust must be created by a competent adult and signed with appropriate formalities.

Can I Be The Trustee Of My Own Trust?
Yes. Most people who set up a revocable trust in Massachusetts serve as both the trustee and the beneficiary during their lifetime. You must also name a successor trustee to manage the trust after incapacity or death.

Does A Revocable Trust Avoid Probate In Massachusetts?
Yes, but only for assets that are properly titled in the name of the trust. If you fail to transfer an asset into the trust, that asset may still go through probate.

Can I Change My Revocable Trust After It’s Signed?
Absolutely. You can amend or revoke your trust at any time while you are mentally competent. This flexibility is one of the main benefits of using a revocable living trust.

Do I Still Need A Will If I Have A Trust?
Yes. You should have a pour-over will that directs any remaining assets into the trust at death. The will also allows you to name guardians for minor children and serves as a backup for any assets not titled in the trust.

Does A Revocable Trust Protect My Assets From Nursing Home Costs?
No. Because you retain control over the assets in a revocable trust, they are still considered available resources for purposes of MassHealth (Medicaid) eligibility. Only an irrevocable trust can provide that kind of protection.

Is A Revocable Trust More Expensive Than A Will?
The upfront cost is usually higher, but the long-term savings in probate fees, court costs, and time often make it a better value for families with property or multiple assets.

Who Should Have A Revocable Trust In Massachusetts?
Anyone who wants to avoid probate, maintain privacy, plan for incapacity, or manage family inheritances may benefit from a trust. It is particularly helpful for those with real estate, blended families, or out-of-state property.

Can A Revocable Trust Own Real Estate In Another State?
Yes. A revocable trust can hold property in any state, helping to avoid ancillary probate in places outside Massachusetts.

What Happens If I Forget To Fund My Trust?
Assets not transferred into your trust will remain subject to probate. Your pour-over will can direct those assets into the trust, but this still requires court involvement, defeating one of the trust’s primary advantages.

Call The Sullivan Firm P.C. For a Free Consultation

At The Sullivan Firm P.C., our estate planning lawyer in Gloucester helps families across Gloucester, Rockport, Manchester by the Sea, Beverly, and all of Essex County understand and create effective revocable living trusts under Massachusetts law. Whether you want to avoid probate, protect your privacy, or plan for your loved ones’ futures, we’re here to make sure every piece of your estate plan works together.

Call The Sullivan Firm P.C. Today At 978-325-2721 For A Free Consultation. Our offices are located in Gloucester, Massachusetts, and we proudly serve clients throughout the North Shore and Essex County. Let’s make sure your trust does what it’s supposed to do—protect what matters most.

Why Every Massachusetts Resident Needs a Will Even If You Have a Trust

Why Every Massachusetts Resident Needs A Will Even If You Have A Trust

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As estate planning attorneys serving Gloucester, Rockport, Manchester by the Sea, Beverly, and throughout the North Shore, we often hear the same question: “If I already have a trust, do I still need a will?” The answer is yes—for nearly every Massachusetts resident, having a legally enforceable will remains essential, even when a trust is in place. A trust can streamline the distribution of assets, avoid probate, and provide privacy. But without a valid will, there may still be serious legal and financial gaps in your estate plan.

Many families assume that their trust alone will handle everything after death, but that’s rarely the case under Massachusetts law. Assets not properly titled in the name of your trust will not pass through the trust. In these situations, without a valid will, your estate may be distributed under the Massachusetts laws of intestacy—meaning the state decides who gets what. That’s why it’s so important to have both a will and a trust that work together.

A Will Complements Your Trust—It Doesn’t Replace It

Even if you’ve created a revocable living trust, a properly executed will is still needed to catch any assets that aren’t titled in the trust’s name. This is commonly known as a “pour-over will.” Under Massachusetts law, a pour-over will directs any remaining assets—those not already transferred into your trust during your lifetime—to be added to the trust upon your death. This ensures those assets are distributed according to your intended plan, not left vulnerable to intestacy laws.

Massachusetts General Laws Chapter 190B, Section 2-602 outlines the basic requirements for executing a valid will, including that it must be in writing, signed by the testator (or by someone else at their direction), and witnessed by at least two individuals. Without a valid will, the state applies the rules of intestate succession under M.G.L. c.190B, § 2-101 and following. That can result in unintended consequences—such as estranged relatives inheriting your property, or your children receiving assets outright at age 18 with no protections in place.

Wills Allow You To Name Guardians And Make Final Wishes Known

Another reason to have a will, even if you have a trust, is the ability to name guardians for minor children. A trust cannot do this. If you have children under the age of 18, your will is the only document that can nominate a guardian in the event something happens to you and the other parent. Without a will, the Probate and Family Court in Massachusetts will decide who should raise your children, and it may not be the person you would have chosen.

In addition, a will allows you to make specific gifts or bequests that you may not include in your trust. You can direct certain personal items—such as jewelry, artwork, or family heirlooms—to specific beneficiaries. These details may not always fit cleanly within a trust document but can be clearly stated in a will.

Probate Cannot Be Fully Avoided Without A Will

While one of the primary reasons people establish a trust is to avoid probate, the court process may still be necessary if there are any assets left outside the trust. If no will exists, probate becomes more complicated and often more expensive. A properly drafted pour-over will can greatly simplify probate by consolidating assets into your trust for distribution.

Even a small oversight—like a retirement account or vehicle not retitled into your trust—can trigger probate if there is no will. We’ve helped many families in Essex County handle probate estates, and the difference between those with and without a pour-over will is significant. Without a clear directive, the court may appoint a personal representative who doesn’t know your wishes or your family’s dynamics.

A Will Strengthens The Legal Foundation Of Your Estate Plan

Having both a will and a trust is not redundant—it’s smart planning. Together, these documents create a more complete, flexible, and protective strategy for your estate. While the trust provides privacy and management of assets, the will ensures legal compliance and captures anything missed along the way.

For residents of Gloucester, Rockport, Manchester by the Sea, Beverly, and throughout the North Shore, our goal is to ensure your estate plan is not only comprehensive but fully enforceable under Massachusetts law. A well-crafted estate plan is a gift to your family and reduces confusion, court involvement, and disputes after you’re gone.

Massachusetts Will & Trust Frequently Asked Questions

What Happens To Assets Not In My Trust If I Don’t Have A Will?
If you die without a will and certain assets were not transferred to your trust, those assets will be distributed according to Massachusetts intestate succession laws. This could result in property going to unintended heirs or being delayed by probate complications.

Can A Trust Replace A Will In Massachusetts?
No. A trust cannot fully replace a will. While a trust allows you to manage and distribute certain assets, only a will can name guardians for minor children, handle final wishes about personal property, and direct non-trust assets into the trust through a pour-over provision.

What Is A Pour-Over Will And Why Do I Need One?
A pour-over will is a legal document that works alongside your trust. It directs any assets not titled in the trust’s name at the time of your death to be “poured over” into your trust, ensuring they are distributed according to your wishes.

Does A Will Have To Be Notarized In Massachusetts?
No. Under M.G.L. c.190B, § 2-502, a will must be signed by the testator and witnessed by two individuals, but notarization is not required for the will to be valid. However, creating a self-proving affidavit with notarization can speed up the probate process.

Can I Use A Handwritten Or Online Will In Massachusetts?
Massachusetts does not recognize holographic (handwritten and unwitnessed) wills unless they meet all statutory requirements. Online wills are risky if they do not comply with M.G.L. c.190B. It’s best to work with a qualified estate planning attorney to ensure legal compliance.

What If My Family Finds My Will But I Never Signed It?
An unsigned or improperly executed will is not legally valid in Massachusetts. If no prior valid will exists, your estate would be distributed under intestate succession, potentially contrary to your wishes.

How Often Should I Update My Will In Massachusetts?
We recommend reviewing your will every 3–5 years or after any major life change—such as marriage, divorce, births, deaths, or significant asset changes—to ensure it still reflects your intentions.

Can I Name Different People In My Will And My Trust?
Yes, but it should be done with caution. Naming different beneficiaries in each document may cause confusion or legal disputes. Your attorney should ensure both documents work together rather than conflict.

Does My Will Still Go Through Probate If I Have A Trust?
Yes, if there are any assets not titled in your trust, your will may still need to be probated to legally transfer those assets. A properly structured plan can help minimize this process.

What Happens If My Will And Trust Conflict?
If a will and trust contradict each other, the specific facts of the case and how the documents are written will determine the outcome. Clear, coordinated drafting helps prevent these types of conflicts.

Call The Sullivan Firm P.C. For a Free Consultation

At The Sullivan Firm P.C., our Gloucester estate planning attorney helps individuals and families throughout Gloucester, Rockport, Manchester by the Sea, Beverly, and all across the North Shore of Massachusetts develop estate plans that actually work when families need them most. If you already have a trust—or are thinking about creating one—don’t overlook the importance of having a will. Whether it’s a pour-over will to support your trust or a standalone will to protect your loved ones, we can help you create a plan that’s valid, enforceable, and tailored to your needs.

Call The Sullivan Firm P.C. Today At 978-325-2721 For A Free Consultation. Our law offices are conveniently located in Gloucester, Massachusetts, and we proudly serve clients throughout Essex County. Let’s make sure your estate plan covers everything that matters.

Revocable Living Trusts and Children as Beneficiaries of Life Insurance

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Client’s often tell me that they have named their spouse as the beneficiary of their life insurance policy and then their child as the backup beneficiary. This is very common.

There are a few things to consider if you currently have your beneficiaries listed this way.  If your child is a minor when the second spouse dies then a legal guardian must be appointed by the court to oversee the child’s inheritance.  You have no say in who the guardian will be. The guardian then holds the money for the benefit of the child until the child reaches the age of majority (18 years old in Massachusetts).  As you may know, the appointment process can be time consuming and costly and can prevent your child from being able to use the money right away.

Your child will then receive the full amount of the life insurance policy at 18. If your life insurance policy is, let’s say, a million dollars, then your 18 year old will be inheriting one million dollars outright at the age of 18. That’s 18 years old with a million dollars!  I have big hopes and dreams for my daughter  (Edit: I now have three daughters!).  I hope that she is grounded enough and mature enough to be responsible with new found wealth at 18 years old.  However, I am also a realist.  People don’t always make the best life decisions during this phase of their life.

One option is to create a Revocable Living Trust and then name the Trust as the beneficiary of the Life Insurance policy.  This allows your minor child to avoid the guardianship process and allows you to choose who you would like to oversee the money and provide specific instructions as to how that money should be spent.  It also allows you to control at what age your child has full control over the money.  You have the ability to keep the money in trust for the child and protect her from future creditors, divorce, bankruptcy and lawsuits.

The bottom line is you can control your children’s inheritance but you need to plan ahead for it.  Speak to a qualified estate planning attorney to learn more about Revocable Living Trusts and how they can benefit you.

The Importance of An Estate Plan If You Have Young Children

The Importance of An Estate Plan If You Have Young Children

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Estate planning allows parents to plan for who will care for their children and how they are cared for, ensures their property will pass to whom they want, the way they want and when they want and determines who will handle the property they leave to their children.

Minors need parents, and if you pass away prior to your child turning 18, who will care for them?  If you don’t decide and document it in a plan, the court will decide for you.

If you have children, especially young children, here are a few things to think about:

  • Do you have clear instructions for the way you would like your guardian to raise your kids?
  • Do you have an emergency guardian in place in case of an accident?
  • Have you thought about leaving your property to your minor children?  Who will oversee their inheritance?
  • Your children, first and foremost, need food, clothing and shelter when you are gone.  Do they have access to their inheritance right away?
  • How will your children pay for college?
  • Will your children’s inheritance be protected from creditors, divorce and lawsuits?

These are only a few of the important issues that parents with young children face.

What Do I Do When Someone Dies?

What Do I Do When Someone Dies?

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When someone close to you dies it can often be an overwhelming experience. We have created a checklist to use when a person dies to help guide you through this difficult process click here to download.

Please call our office for specific advice when needed.

Do I Need a Will or Trust, or Both? Answered by a Massachusetts Estate Planning Attorney

Do I Need a Will or Trust, or Both? Answered by a Massachusetts Estate Planning Attorney

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Do I Need a Will or Trust, or Both? Answered by a Massachusetts Estate Planning Attorney

Many people are familiar with the terms “will” and “trust,” however, they don’t exactly know the difference, nor do they know which is more appropriate to address their needs. Being proactive with your financial planning and asset protection is the first step to taking care of your assets and your family when you pass. The next important step is determining which type of protection and planning will fulfill your wishes and make the most sense for your individual set of circumstances. 

Do you need a will or trust, or both?

Specifically, while a will and a trust serve different purposes and can each be drafted individually for a client, they may also cohesively work together to make an airtight plan as well. To learn more about what type of estate plan is right for you, it is critical to hire an experienced and qualified estate planning attorney who can discuss all of your legal options to ensure you are adequately protected and secure.

Wills, Explained

When you die, a will protects and addresses any property that is in your name and not held in a trust or joint tenancy (with your spouse). It is important to keep in mind that a will must pass through the court system, specifically through the probate department. This means that the court will oversee the validity of the will and handle all distributions and allocations of the property stated therein. Considering that a will must be processed through the court system and in turn, becomes public record, this may or may not be the right estate plan for you.

Trusts, Explained

On the other hand, a trust only covers property that has been assigned or transferred into the trust; property is not covered automatically. A trust is a legal document and agreement set up by a “grantor,” providing a “trustee” with the duty of holding legal title to property for the benefit of another person, called a “beneficiary.” A trust can be created as revocable, in order to provide flexibility, or irrevocable (cannot be revoked), depending on the grantor’s needs and goals. Unlike a will, a trust does not have to go through the court system’s probate department, which can alleviate time and resources and also keeps the matter more private.

How a Massachusetts Estate Planning Attorney Can Help You

Let us help you achieve your unique estate planning goals, as our qualified Massachusetts Estate Planning & Probate Attorneys will assess your goals and needs to ensure you receive a plan that works for you. Call The Sullivan Firm, P.C. today at (978) 325-2721 to arrange a free-of-charge exploratory meeting. Together, we can preserve, protect and provide for your loved ones.

Troy Sullivan, Massachusetts Estate Planning Attorney

The Sullivan Firm, P.C. is a boutique probate and estate planning law firm serving the North Shore and Cape Ann of Massachusetts including Gloucester, Rockport, Manchester and Beverly. The firm concentrates on estate planning matters, including trusts, wills, healthcare proxies, life planning, probate, special needs trusts, and trust administration. 

Avoiding a Tax Bomb on Proceeds from a Life Insurance Policy

Avoiding a Tax Bomb on Proceeds from a Life Insurance Policy

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Life insurance is a contract entered into between a policy holder and an insurance company. Specifically, the life insurance policy holder makes set payments to the insurance company in exchange for the promise that the company will pay a designated sum of money to a beneficiary in the event that the policy holder passes away. All Massachusetts residents are subject to a state estate tax if their estate is valued over $1 million.

Your estate includes all of the property you own, including tangible personal property (your “stuff”), intangible personal property (bank accounts, IRAs, 401Ks, business interests, etc), and real property as well as any proceeds from a life insurance policy. Because the proceeds on a life insurance policy can be in the hundreds of thousands and even millions of dollars, these proceeds exponentially raise the value of your estate and the tax bomb that your estate faces.

Is there a way to avoid the estate taxes due because of the proceeds received from a life insurance policy?

You can avoid the tax bomb on life insurance proceeds if you set up an irrevocable life insurance trust (ILIT). The ILIT takes the life insurance policy away from your estate and places it in a separate trust. The policy is therefore no longer owned by you. Rather, it is owned by the trust. Because it is irrevocable, you cannot change your mind and dispose of the trust. While this finality may seem alarming to many, the ILIT does allow you to control many other decisions related to the ILIT.

For instance, you can designate beneficiaries. You can also dictate terms for when and how they will receive the life insurance proceeds. Under the regular scheme, payout upon death is immediate and in full. Under an ILIT, you can stagger payments. You can also dictate what exactly the proceeds are to be used for, such as for living expenses or education. This helps younger children or adults with budgeting issues.

How do I set up an irrevocable life insurance trust?

To set up an ILIT, you simply need the names of your beneficiaries, the name of your trustee, and all of the terms you wish to set out for the distribution of the trust (how, when, and how much). Then obtain a life insurance policy, making the ILIT the owner and beneficiary of your policy. If you already have a policy, transfer ownership to the ILIT.

Setting up an irrevocable life insurance trust can be complex, and there are certain requirements that need to be met, but an experienced Massachusetts estate planning attorney can help you evaluate whether it is your best option. Contact The Sullivan Firm, P.C. today at (978) 325-2721 for a free consultation on trusts.

Troy Sullivan, Massachusetts Estate Planning Attorney

The Sullivan Firm, P.C. is a boutique probate and estate planning law firm serving the North Shore and Cape Ann of Massachusetts including Gloucester, Rockport, Manchester and Beverly. The firm concentrates on estate planning matters, including trusts, wills, healthcare proxies, life planning, probate, special needs trusts, and trust administration. 

Mental Incapacity and Estate Planning

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The common issue of mental incapacity is one of the most important reasons for beginning the estate planning process early. While you may work hard at taking care of yourself, you do not know what the future has in store for you. Estate planning allows you to ensure that your assets are protected and distributed in the manner you choose in the event that you become incapacitated later on in life. The Commonwealth of Massachusetts will not recognize any legal documents drafted or signed by individuals who are mentally incapacitated. A will is one such legal document. Mental incapacitation can occur due to mental illness, coma, physical ailment, or the side effects of prescriptions. Generally speaking, mental incapacitation occurs when you are unable to fully understand the terms of the document that you are signing due to a temporary or permanent mental issue. Mental incapacitation centers around the issue of consent. An individual who is mentally incapacitated cannot consent because they are unable to process decisions. When someone becomes mentally incapacitated, the court can appoint individuals to make decisions for the mentally incapacitated person, such as a health care guardian or financial conservator. In probate, mental incapacity has a specific definition with regards to an individual’s ability to draft a will or otherwise conduct any estate planning. According to the Massachusetts Supreme Judicial Court in Goddard v. Dupree et al., 322 Mass. 247:

[T]estamentary capacity requires the ability on the part of the testator to understand and carry in mind, in a general way, the nature and situation of his property and his relations to those persons who would naturally have some claim to his remembrance; freedom from delusion which is the effect of disease or weakness and which might influence the disposition of his property; and ability at the time of execution of an alleged will to comprehend the nature of the act of making a will.

Putting this in layman’s terms, a testator must have the mental capacity to understand the consequences of drafting a will and how he or she would like to distribute assets in a will. Unfortunately, mental capacity is a grey area in Massachusetts. While an individual who is in a coma cannot under any circumstances contemplate the nature of a will, an individual with a mental illness like bipolar disorder may. By only acknowledging wills of those who are mentally capable of drafting them, the Massachusetts probate courts seek to reduce the number of situations in which individuals use coercion or forgery to create wills for mentally incapacitated testators. If you suspect that someone coerced a loved one to draft a will while your loved one was mentally incapacitated, you need to consult with a qualified probate attorney immediately on how to prove mental incapacity and coercion in court. If you are in the process of drafting a will, it is important that you draft the will with the aid of a skilled probate attorney. The probate attorney can ensure that your will is valid and conforms with Massachusetts law. If you suffer from a disease such as dementia or mental illness that may raise mental capacity concerns, your attorney can assist you with creating a record of mental capacity should any disputes arise after your death. In addition, your attorney can help you create a comprehensive estate plan should you become incapacitated in the future. These additional documents include:

• Health Care Proxy: An agent appointed by you who can make treatment and medication decisions, pay medical bills, and obtain your records.

• Durable Power of Attorney: An agent appointed by you who can make financial decisions while you are mentally incapacitated.

• Advance Medical Directives: Instructions included in a living will that dictate what treatments are or are not permitted.

• Trusts: You can place some of your assets in a trust; develop a plan for how those funds are to be disbursed, to whom, and when; and appoint an individual to administer the trust.

If you or a loved one is or may shortly become mentally incapacitated, you need to consult with a probate attorney immediately on estate planning to avoid any issues regarding medical treatment, financial status or assets. The attorneys at The Sullivan Firm, P.C. have dedicated their careers to helping individuals preserve, protect and provide for their families’ futures. Call The Sullivan Firm, P.C. today at (978) 325-2721 to schedule a free exploratory meeting.

Troy Sullivan, Massachusetts Estate Planning Attorney

The Sullivan Firm, P.C. is a boutique probate and estate planning law firm serving the North Shore and Cape Ann of Massachusetts including Gloucester, Rockport, Manchester and Beverly. The firm concentrates on estate planning matters, including trusts, wills, healthcare proxies, life planning, probate, special needs trusts, and trust administration. 

Smart Estate Planning For A Family Business

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How Long Does the Probate Process Take?

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