Legal Question in Wills and Trusts in Massachusetts

This is a great question, and it is one of the reasons that estate planning should not be attempted without the guidance of an attorney.

During and after the life of the settlor (maker of the trust), the trustee can only manage those funds held or titled in the name of the trust. The trust cannot dispose of assets or property that it does not control. The trust is sort of like a pot carried by the trustee, and the trustee can only manage and distribute those assets or property which are in the pot.

If there is a question about what assets or property are in the trustee's pot, you should have the estate reviewed by an attorney and get some help. Feel free to contact us to speak with a trusts and estates attorney. 617-357-4898. Regards, Chris Vaughn-Martel