Do I Need a Trust or a Will in Massachusetts? And How to Decide What’s Right for You
When Massachusetts residents think about protecting their families and passing down their assets, one question comes up again and again: “Do I need a trust or a will?”
The truth is, most people need at least a will, and many also benefit from having a trust. Each tool serves a unique purpose in estate planning, and the right choice depends on your financial picture, your family dynamics, and how much control you want over what happens after you’re gone.
This guide explains the key differences, Massachusetts-specific considerations, and how to decide which option—or combination—works best.
What a Will Does in Massachusetts
A last will and testament is the cornerstone of many estate plans. It is a legally binding document that allows you to:
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Decide who receives your assets after death
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Name a guardian for minor children
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Appoint a personal representative (executor) to settle your estate
Pros of a Will:
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Simple and relatively inexpensive to create
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Clearly communicates your wishes
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Essential for families with children under 18
Cons of a Will:
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Must go through probate in Massachusetts—a court-supervised process that can take months and adds legal fees
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Probate is public, so your estate becomes a matter of record
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Limited protection against estate taxes or creditors
What a Trust Does in Massachusetts
A trust is a legal arrangement in which you transfer ownership of certain assets into the trust during your lifetime. You appoint a trustee (often yourself, while you’re alive) to manage those assets for the benefit of your chosen beneficiaries.
The most common estate planning trust in Massachusetts is a revocable living trust.
Pros of a Trust:
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Allows your heirs to avoid probate, saving time and costs
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Keeps your estate private, since trusts do not go through court
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Provides flexibility for complex family arrangements, such as blended families or beneficiaries with special needs
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May reduce estate taxes or protect assets in certain cases (with advanced planning)
Cons of a Trust:
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More expensive and complex to set up compared to a will
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Requires ongoing attention—you must “fund” the trust by transferring property titles and accounts into it
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May not be necessary if your estate is small or very simple
Massachusetts-Specific Considerations
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Probate in Massachusetts – The state follows the Uniform Probate Code, but even with streamlined processes, probate can delay distribution and incur legal fees. A trust bypasses this process.
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Estate Taxes – Massachusetts has its own estate tax with a threshold of $2 million (2023 law). Trusts can be structured to minimize tax exposure.
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MassHealth/Medicaid Planning – If you’re concerned about long-term care costs, certain irrevocable trusts can help protect assets while meeting eligibility requirements.
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Real Estate Ownership – If you own property in multiple states, a trust can simplify transfer and prevent multiple probate proceedings.
When a Will Is Enough
You may lean toward a will if:
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Your estate is small and straightforward
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You primarily need to designate guardians for minor children
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You are comfortable with your estate going through probate
When a Trust Is Recommended
A trust may be the better choice if:
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You own real estate in Massachusetts (especially more than one property)
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You want to spare your family the delay and expense of probate
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You have a blended family or unique beneficiary needs
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You are planning for long-term care and MassHealth eligibility
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Privacy is a priority for you and your family
Examples in Massachusetts
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The Young Family in Hopkinton – A couple with two young children may choose wills to name guardians and leave assets in trust for the children until adulthood. Probate is not ideal, but their priority is simplicity and affordability.
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The Retirees in MetroWest – A retired couple with a home in Hopkinton and a vacation property in New Hampshire often benefit from a revocable living trust to streamline inheritance and avoid multiple probate proceedings.
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The Elderly Parent in Middlesex County – An older widow concerned about nursing home care may use an irrevocable trust to protect assets while planning for MassHealth eligibility.
FAQs: Wills and Trusts in Massachusetts
Can I have both a will and a trust?
Yes. In fact, most people who establish a trust also maintain a simple “pour-over will” to handle any assets accidentally left outside the trust.
Does a will avoid probate in Massachusetts?
No. A will guarantees your estate will go through probate. Only a properly funded trust can bypass probate.
How much does a trust cost in Massachusetts?
Costs vary depending on complexity, but in general, a trust costs more to draft than a will. At Collinson Law, we offer flat fee estate planning so clients know their costs upfront.
Does everyone need a trust?
Not necessarily. Trusts are most beneficial for those with significant assets, real estate, privacy concerns, or Medicaid planning needs.
What happens if I die without a will or trust?
Massachusetts intestacy laws will determine who inherits your assets. This often does not align with what clients would have chosen.
How Collinson Law Can Help
At Collinson Law, we focus on practical, client-centered estate planning for Massachusetts families. Whether you need a simple will, a revocable living trust, or an advanced Medicaid planning strategy, we provide:
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Flat fee estate planning for predictability
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Guidance rooted in local Massachusetts law
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Support for probate, elder law, and MassHealth/Medicaid planning
Our office in Hopkinton, MA serves clients throughout MetroWest and Middlesex County.
Talk with an Estate Planning Attorney in Hopkinton, MA
The best way to decide between a will, a trust, or both is to speak with a local attorney who understands your goals and the laws of Massachusetts. Schedule a consultation today with Collinson Law to create an estate plan that protects your loved ones, reduces stress, and brings you peace of mind.
