Testamentary Trust Attorney, Massachusetts

Creating a Testamentary Trust

Unlike a standalone Inter-Vivos Trust (Living Trust), a Testamentary Trust functions just like any other Trust, however, it is overseen by the Probate and Family Court. A Testamentary Trust is 100% contained within your Last Will and Testament. Once an Estate is administered and completed, instead of it being distributed to individuals, the Estate is distributed to the Trustee of the Testamentary Trust for the benefit of another. Depending on the terms of the Trust, the Court may have oversight of the Trust as well.

At Falco & Associates, P.C., a Testamentary Trust is often created by a healthy spouse who has an ill spouse as a way to protect assets from being directly inherited by the ill spouse who is potentially facing or currently receiving long term care. It is important to know that when looking for a Testamentary Trust Attorney, the Attorneys at F&A take preemptive precautions in an effort to protect an ill spouse from losing any type of care or benefits they may be eligible for or are receiving.