Couple reviewing estate planning documents with an attorney

Estate Planning

Wills & Trusts

The foundation of every sound estate plan. We help you choose the right documents, understand your options, and put a plan in place that protects the people you love.

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Why a Will or Trust Matters

Without a will or trust, Massachusetts law decides what happens to your property, who raises your children, and who manages your affairs. That process — called intestate succession — rarely reflects what you would have chosen.

A properly drafted will or trust puts you in control. It ensures your wishes are documented, legally enforceable, and carried out by someone you trust — not someone determined by a court.

Last Will & Testament

A will is a legal document that states your wishes for how your property should be distributed after you die. It can also name a guardian for your minor children — one of the most important decisions any parent can make.

A will goes through probate — a court-supervised process — before assets are distributed. While this adds some time and cost, a well-drafted will makes the process as smooth as possible for your family.

  • Names who receives your property and assets
  • Designates a guardian for your minor children
  • Appoints a personal representative to carry out your wishes
  • Reduces family conflict and uncertainty
  • Avoids state default rules that may not reflect your wishes

Trusts

A trust is a legal arrangement where you transfer assets to a trustee — often yourself during your lifetime — to be managed and distributed according to your instructions. Trusts offer more flexibility and control than a will alone.

Unlike a will, a trust does not go through probate. Assets held in trust pass directly to your beneficiaries, saving time, cost, and keeping your affairs private.

  • Avoids the time and cost of probate court
  • Keeps your estate private — no public record
  • Provides for loved ones with special needs without losing benefits
  • Allows you to set conditions on how assets are distributed
  • Protects assets for minor children until they reach adulthood
  • Can take effect immediately if you become incapacitated

Will vs. Trust: Which Do You Need?

Many families benefit from having both. Here's how they compare.

FeatureWillTrust
Takes effectAt death onlyImmediately upon signing
Probate requiredYesNo (for assets held in trust)
PrivacyBecomes public recordRemains private
Incapacity planningNoYes
Naming a guardianYesNot directly
Cost to establishLower upfrontHigher upfront, less later

The right choice depends on your family's situation. We'll help you decide.

Common Types of Trusts

Not all trusts are the same. We'll help you understand which structure fits your goals.

Revocable Living Trust

The most common type. You retain full control during your lifetime and can change or revoke it at any time. At death, assets pass directly to beneficiaries without probate.

Irrevocable Trust

Once established, it generally cannot be changed. Often used for asset protection, Medicaid planning, or reducing estate taxes.

Special Needs Trust

Designed to benefit a loved one with a disability while preserving their eligibility for means-tested government programs like MassHealth.

Testamentary Trust

Created through your will and takes effect at death. Commonly used to manage assets for minor children until they reach a specified age.

What happens if you die without a will in Massachusetts?

Massachusetts intestacy laws determine who inherits your estate — and the result may surprise you and may not be something you want.

Your Attorney

Losmin Jimenez Gregory, Esq.

I have been practicing law since 2008, helping families plan for the future with care and precision. My background in wills, advance directives, and disability planning gives me a comprehensive view of what a complete estate plan requires — and I take the time to make sure every client understands their options.

Ready to Create Your Estate Plan?

Whether you need a simple will or a comprehensive trust plan, we'll guide you through every decision with clarity and care.

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