As estate planning attorneys serving Gloucester, Rockport, Manchester by the Sea, Beverly, and across the North Shore, we are often asked whether a revocable trust is the right choice. While not every Massachusetts resident needs one, many families benefit greatly from including a revocable trust in their estate plan. A revocable trust allows you to keep control over your assets during your lifetime while also making it easier for your chosen beneficiaries to receive them after your death—without the delays and costs of probate.

Under Massachusetts law, trusts are governed in part by the Massachusetts Uniform Trust Code, found in Massachusetts General Laws (M.G.L.) Chapter 203E. A revocable trust—sometimes called a living trust—lets you change, amend, or revoke it during your lifetime. This flexibility makes it appealing for many people who want both control and convenience. However, the decision to have one depends on your goals, assets, and family situation.

Avoiding Probate And Maintaining Privacy

One of the primary reasons people create a revocable trust is to avoid probate. Probate in Massachusetts is governed by the Massachusetts Uniform Probate Code (M.G.L. c.190B). Even with simplified procedures, probate can be time-consuming and public. Assets held in a properly funded revocable trust bypass the probate process entirely, allowing for faster distribution to beneficiaries and maintaining your family’s privacy.

For those with real estate in multiple states, a revocable trust can help avoid the need for separate probate proceedings in each state. This is especially beneficial for Massachusetts residents who also own vacation homes in other parts of the country.

Planning For Incapacity

A revocable trust is not just about what happens after death—it also plays a role during your lifetime. If you become incapacitated, your successor trustee can step in and manage trust assets without the need for a court-appointed guardian or conservator. This can save time, money, and stress for your loved ones. Under M.G.L. c.203E § 602, you retain the power to revoke or amend the trust while competent, but the document can name a trusted person to act if you cannot.

Who Should Strongly Consider A Revocable Trust

While anyone can have a revocable trust, it is especially beneficial for:

• Homeowners – Particularly if you own your home in Gloucester, Rockport, Manchester by the Sea, or Beverly and want to keep it out of probate.
• Families With Minor Children – A trust can hold assets for children until they reach a responsible age, avoiding the mandatory distribution at age 18 that happens under intestacy rules.
• Blended Families – A trust can help ensure your assets are distributed according to your wishes, even in complex family situations.
• Owners Of Multiple Properties – Especially if you own property in more than one state, avoiding multiple probates is a major benefit.
• Those Seeking Privacy – Probate records are public, but a trust’s terms remain private.

Funding The Trust Is Essential

Creating a revocable trust is only the first step. It must be funded—meaning you must transfer ownership of assets into the trust’s name. Real estate deeds must be updated, and accounts retitled. Failure to fund the trust could mean those assets still go through probate, undermining one of the trust’s biggest advantages.

Massachusetts law recognizes pour-over wills (M.G.L. c.190B § 2-511) that direct assets not already in your trust at the time of death into the trust. This acts as a safeguard but still may involve probate for those assets.

A Coordinated Estate Plan

A revocable trust should work together with other essential documents such as your will, durable power of attorney, and health care proxy. Having a trust without these complementary documents can leave gaps in your planning. Our work with North Shore clients often involves creating a coordinated set of estate planning tools to ensure all aspects of your financial and personal affairs are protected.

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Massachusetts Revocable And Irrevocable Trust Frequently Asked Questions

What Is The Difference Between A Revocable And Irrevocable Trust In Massachusetts?
A revocable trust can be changed or revoked during your lifetime, giving you full control over the assets. An irrevocable trust generally cannot be changed once created, which can offer stronger asset protection and tax benefits but less flexibility.

Does A Revocable Trust Help Me Avoid Massachusetts Estate Taxes?
Not by itself. A revocable trust does not remove assets from your taxable estate for Massachusetts estate tax purposes. Other strategies may be needed to reduce estate tax exposure.

Can A Revocable Trust Protect My Assets From Creditors?
No. While you are alive, assets in a revocable trust are still considered your property and can be reached by creditors.

Is A Revocable Trust Public Record In Massachusetts?
No. Unlike a will that is filed with the probate court, a trust generally remains private, which is one reason many clients prefer to use one.

If I Have A Revocable Trust, Do I Still Need A Will?
Yes. A pour-over will ensures that any assets not titled in the trust at your death are transferred into it, preventing them from passing under intestacy laws.

Can I Be My Own Trustee Of A Revocable Trust?
Yes. Most people name themselves as the initial trustee and designate a successor trustee to take over upon incapacity or death.

Does A Revocable Trust Replace A Durable Power Of Attorney?
No. A durable power of attorney is still necessary to handle financial matters outside the trust, such as retirement accounts or other personal transactions.

Will My Retirement Accounts Go Into My Revocable Trust?
Usually, retirement accounts like IRAs and 401(k)s are best left outside the trust, with designated beneficiaries named directly, though there are exceptions that should be discussed with an attorney.

How Does A Revocable Trust Affect My Mortgage?
Transferring real estate into a revocable trust typically does not trigger a due-on-sale clause, but you should confirm with your lender and attorney.

Can A Revocable Trust Help Avoid Guardianship Or Conservatorship Proceedings?
Yes. If you become incapacitated, your successor trustee can manage trust assets without the need for court involvement.

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Call Troy Sullivan Firm Today For a Free Consultation

At The Sullivan Firm P.C., we help clients in Gloucester, Rockport, Manchester by the Sea, Beverly, and across the North Shore determine whether a revocable trust fits their needs. We design trusts that work hand-in-hand with your other estate planning documents, ensuring your plan is both effective and enforceable under Massachusetts law.

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 all of Essex County. Let’s discuss your goals and create an estate plan that protects your assets and your family’s future.