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.

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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.

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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.