What happens if I die without a trust?
If you die without a trust in Massachusetts, your estate will go through the process of probate. Probate is the legal process of settling an estate, including the distribution of assets and payment of any debts. In Massachusetts, probate is handled by the probate court. In the probate process, the court will appoint a personal representative, also known as an executor, to manage your estate. This person will be responsible for gathering your assets, paying your debts, and distributing any remaining assets to your heirs according to the law. Without a trust, the person in charge of distributing your assets must go through the court system. This can take time and money. It also makes your estate available for public review, meaning anyone can access information about what you owned and to whom your assets are distributed. In addition, there are certain taxes that must be paid when an estate goes through probate. These can be an additional expense for your heirs. Finally, with a trust, you have the ability to specify how and when your assets are distributed. Without a trust, the probate court will distribute your assets according to state law. This may not be the outcome you desire, or the one your heirs would prefer. For these reasons, it is important to create an estate plan that works for your individual situation. This includes preparing a trust to ensure your assets are distributed according to your wishes.
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