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Setting up a trust

Updated: 11/9/2022
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16y ago

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Answer: It is important to seek legal advice from an attorney at a well known law firm who is an expert in trust law in your state if you are thinking of transferring property into a trust. Trust laws vary from state to state so a trust that's valid in one state may not be valid in another. Also there are many professionals who offer trust services then draft an invalid trust. Accountants are some of the worst drafters of trusts. An invalid trust will cause problems when the trustor dies and thought she had removed certain property from her estate to avoid probate and taxes. One of the most common errors made in drafting trusts is to name the same person as the trustor, trustee and beneficiary then direct how the trust property will be distributed after the death of the trustor. In that case, In Massachusetts, no trust will be created and the property remains in the trustor's estate since he has retained complete control over it. The attorney or accountant who drafted the invalid trust was paid a large fee to carry out the estate planning and then years later it turns out that the plan failed. The drafter is no longer in practice. Now there would be probate costs, tax consequences and possibly additional costs involved in transferring the property out of the faulty trust. Be careful with trusts.

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