Estate Planning Law in Massachusetts

What it means in Massachusetts:
Estate planning in Massachusetts involves managing assets during life and transferring them after death, while minimizing probate where possible under Massachusetts law.

Key points:

• Governed by Massachusetts state law
• Applies to individuals and families at all asset levels
• Proper planning can reduce probate involvement

Massachusetts-specific considerations:

• Massachusetts does not authorize Transfer on Death (TOD) deeds for real estate
• Probate avoidance for real property is commonly achieved through:
  • Living (revocable) trusts
  • Joint tenancy with right of survivorship
  • Life estate arrangements
• Trusts widely serve to control asset distribution and reduce probate court involvement.
• Beneficiary designations and payable-on-death accounts are common for non-real-estate assets.
• Durable powers of attorney and health care proxies centre on incapacity planning.