Estate Planning Blog

Estate Planning Blog

Do I Need a Will or Trust in Massachusetts?

If you're starting to think about estate planning in Massachusetts, one of the first questions you might ask is: Do I need a will or a trust—or both? Understanding the difference and what’s right for you is a critical step in protecting your loved ones and your legacy.

What Is a Will?

A will is a legal document that outlines how you want your assets distributed after your death. In Massachusetts, a valid will must be:

  • In writing

  • Signed by you

  • Witnessed by at least two people

With a will, you can:

  • Name a personal representative (executor) to manage your estate

  • Appoint a guardian for minor children

  • Specify who receives your property

However, wills go through probate, which is a public court process that can take several months or more. Wills and Durable Powers of Attorney also provide less incapacity protection than trusts. A simple will is also generally not suitable for those with minor children.

What Is a Trust?

A trust, such as a revocable living trust, is a legal entity that holds your assets during your lifetime and distributes them according to your instructions after your death—without probate. Trusts can be especially useful if you want:

  • Privacy (unlike a will, trusts are not public record)

  • Faster distribution of assets

  • More control over how and when assets are passed on

  • Protection for minor children, beneficiaries with special needs, or those who may need help managing money

  • To plan for incapacity (such as Alzheimer’s or dementia), since a trust can be managed by a successor trustee if you become unable to do so yourself

Do I Need One, the Other—or Both?

For many Massachusetts residents, a combination of a will and a trust offers the most complete protection. Here’s a general breakdown:

  • Simple estates: A will may be enough if your estate is straightforward, you don’t mind probate, and you’re not concerned about privacy. However, a trust may provide better incapacity protection.

  • More complex estates or specific wishes: A trust can help you avoid probate, reduce delays, and provide detailed instructions for your legacy.

  • Parents of minor children: A will is essential to name guardians, but a trust can manage funds for your children.

  • Own real estate in multiple states: A trust can avoid probate in each state, saving time and cost.

  • Own property in Massachusetts: Even if you live out of state, owning property here could subject your estate to Massachusetts probate and possibly estate tax—planning with a trust, along with an LLC, can help.

Final Thoughts

The best estate plan is one that reflects your specific needs, family dynamics, and goals. At T FRANK LAW, PLLC, we work closely with Massachusetts individuals and families to create custom estate plans that provide peace of mind and protection for generations to come.

Ready to take the next step?
Schedule a consultation today to discuss whether a will, a trust, or a combination is right for you. Call our office at 617-702-2449 today.

Timothy Robertson