Legal Question in Wills and Trusts in Massachusetts

Re: Time Limit for Settling Estate

You don't have a lawyer representing you?

If the will set up a testamentary trust, it probably has a termination provision. You have to read the trust instrument. If it was a do-it-yourself trust, it may not have a termination provision, and it may prove difficult to terminate unless it was created while something called the "rule against perpetuities" was in effect. Then it has to end when every person who was alive when the trust took effect and who was a beneficiary of the trust has died, plus 21 years.

You should know that the trust should have had a tax ID number and filed an annual fiduciary tax return.

If the estate itself is still open, you will have to file with the probate court an account, if you have not filed one yet. One is due every year. There is a fee that depends on how much money or value was handled by you, and is due each year, even if you did not file an account every year.

Generally speaking, except for the trust, an estate that is open for more than 10 years has passed the statute of limitations for anyone to take any action involving the estate.

You really need to have me or some other lawyer review the estate and give you more specific help and advice.