Will vs. Trust in Massachusetts: Why More Families Are Choosing Trusts

For a long time, a simple will was the go-to estate plan. That's been shifting. Across the country, fewer people are relying on a will alone, and more are setting up trusts. For Massachusetts families, that shift makes a lot of sense.

If you own a home in Newton or a similar town, you've probably watched its value climb to a point where estate planning starts to feel less optional. The documents you choose can be the difference between a smooth, private hand-off to your family and a year stuck in probate court. So let's look at how a will and a trust really compare.

What a will does, and what it doesn't.

A will tells the court how you want your assets distributed. Here's the part that catches most people off guard: a will does not keep your estate out of probate.

In Massachusetts, an estate with a will still goes through the Probate and Family Court, and it usually has to stay open for about a year so creditors can make claims. The process is public, often takes nine to eighteen months, and racks up court, attorney, and executor fees that chip away at what your family actually receives.

Why are so many families choosing a revocable living trust?

A trust works differently. You move your assets, such as your home, accounts, and investments, into a trust you control while you're alive, and you can change or cancel it whenever you want. Because the trust owns those assets, they pass straight to your beneficiaries without probate.

The reasons Massachusetts families like this so much:

• Privacy. A trust stays out of the public court record.

• Speed. Your heirs aren't left waiting on the probate timeline.

• Protection if you're incapacitated. A successor trustee can step in to manage things, so your family avoids a court-appointed conservatorship.

The Massachusetts tax piece

There's another reason trusts matter here. Massachusetts taxes estates above $2 million, which is well below the $15 million federal exemption, and the state doesn't allow spouses to share an unused exemption as federal law does. A well-built trust can help a married couple hold onto both $2 million exemptions, which can save a family six figures in state estate tax.

So, will vs trust in Massachusetts? Often both.

It's rarely one or the other. A lot of Massachusetts plans use a trust alongside a "pour-over" will and powers of attorney, so everything is covered. What's right for you comes down to your assets, your family, and what you want to happen.

Talk to an Estate Planning attorney

Murray Law Firm, P.C. helps Newton-area families create estate plans that protect their privacy, loved ones, and savings.

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246 Walnut St, Ste. 102

Newton, MA 02460

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978-579-9800

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