Taking Over as Trustee in Massachusetts: What You Need to Know
Being named trustee of a trust is an honor—but also a serious responsibility. Whether you're stepping into the role after a loved one's passing or you've recently been appointed, this guide is here to help you navigate your duties with confidence.
At T FRANK LAW, PLLC, we regularly work with individuals in Greater Boston, on Cape Cod, and across Massachusetts who are managing trusts for the first time. Here's what every new trustee should know.
📘 What Is a Trustee?
A trustee is the person (or professional) responsible for managing the assets in a trust according to its terms. If you’re a successor trustee, you’ve taken over from the original trustee, either because they’ve passed away or are no longer able to serve.
Your role is fiduciary—meaning you’re legally obligated to act in the best interests of the beneficiaries and follow the terms of the trust.
📝 Step 1: Read the Trust Document
This is your legal playbook. It tells you:
Who the beneficiaries are
What assets are in the trust
When and how to make distributions
Any specific instructions or limitations
💡 If any part of the document is unclear, speak with an estate planning attorney. Do not guess—mistakes can create legal and tax problems.
⚖️ Step 2: Understand Your Legal Duties as a Trustee in Massachusetts
As a trustee, Massachusetts law requires you to:
Act loyally and impartially
Use reasonable care and skill
Keep trust property separate from your own
Maintain accurate records
Avoid conflicts of interest or personal gain
💼 Step 3: Take Control of the Trust Assets
You’ll need to:
Locate and identify all trust assets (bank accounts, real estate, investments, etc.)
Retitle accounts or property into the trust’s name, if needed
Open a trust checking account for managing expenses and distributions
⚠️ Never combine trust funds with personal accounts.
📣 Step 4: Notify the Beneficiaries
You are responsible for keeping beneficiaries informed. This typically includes:
A formal letter notifying them of your role as trustee
Updates about the trust administration process
Transparency about timelines and decisions
Massachusetts law doesn’t require court involvement for most living trusts, but good communication helps avoid misunderstandings.
📊 Step 5: Keep Good Records
You’ll need to track:
All trust income and expenses
Dates and amounts of distributions
Receipts, tax filings, and legal correspondence
You may also need to file trust tax returns (Form 1041) or provide accountings to beneficiaries.
🤝 Step 6: Know When to Ask for Help
Being a trustee is a big job. You don’t have to do it alone.
We help trustees across Greater Boston and Cape Cod:
Understand trust documents
Navigate probate and tax issues
Manage real estate and investments
Handle complex family dynamics
Getting help early can prevent costly legal mistakes—and make your job much easier.
✅ In Summary
Taking over as trustee is a serious role, but with the right guidance, you can do it well. If you’ve recently been named a trustee in Massachusetts and want to make sure you’re doing things right, we’re here to help.
📞 Schedule a Consultation
T FRANK LAW, PLLC – Trust and Estate Counsel in Greater Boston and on Cape Cod
✅ Trusted legal advice for trustees, executors, and families across Massachusetts.
📍 The Schrafft’s Center Power House, 529 Main St., Suite 200, Charlestown, MA and 57 Route 6A, Unit 2, Orleans, MA
📅 Booking Page | 📞 617-702-2449 | ✉️ tim@tfranklaw.com