Do I Need a Trust or Is a Will Enough in Massachusetts?

A trust often protects privacy and avoids the probate delays a will alone cannot. We build plans meant to serve your family for generations.

By Kenneth J. Simmons, Jr., Partner, Simmons & Schiavo, LLP | Last updated: September 10, 2026

What Does a Trust Do That a Will Cannot?

A trust lets your assets pass to your family without going through probate, and it keeps the terms private. A will becomes a public court record once it is filed, and the probate process can delay when your family gets access to what you left them.

Who Actually Benefits From a Trust?

The right answer depends on your goals, not your age or net worth. A trust tends to make sense when you want to avoid probate, protect a family member with special needs, plan ahead for long-term care costs, or shield an inheritance from a beneficiary’s creditors or a future divorce.

A will can still play an important role even if you also have a trust, since it directs anything left outside the trust and can name a guardian for minor children.

How Does a Special Needs Trust Protect a Family Member?

A special needs trust (SNT) lets you set aside money for a family member with a disability without putting their government benefits at risk. Funds in the trust can pay for costs those benefits do not cover.

Common covered expenses include:

• Personal care items such as clothing, hygiene products, and a cell phone
• Medical and dental costs that MassHealth or other programs do not cover
• Transportation, including a vehicle or vehicle modifications
• Education costs such as tuition, textbooks, and school supplies
• Recreational and social expenses

Housing costs still need care, since paying them directly from the trust can reduce a beneficiary’s SSI payment. Food is treated differently: Social Security recently changed its rules so that food no longer counts as in-kind support that reduces SSI, so an SNT can cover food costs without that same risk.

How Does an Irrevocable Trust Help With Long-Term Care Planning?

An irrevocable trust moves assets out of your name so they are no longer counted as yours once the trust owns them. This can help you qualify for MassHealth long-term care benefits sooner than you otherwise would.

MassHealth applies a 60-month look-back period to transfers into or out of a trust. Assets moved into the trust within five years of applying can still count against you, so this kind of planning is far more effective when it starts well before care is needed.

What Does a Trustee Actually Have to Do?

A trustee manages the trust’s assets and carries out its terms on behalf of the beneficiaries. Massachusetts law spells out several specific duties.

Under the Massachusetts Uniform Trust Code, a trustee must:

• Notify beneficiaries in writing within 30 days of accepting the trust
• Keep beneficiaries reasonably informed about how the trust is being managed
• Provide an annual accounting of the trust’s property and transactions
• Pay the trust’s debts and taxes as they come due
• Distribute assets to beneficiaries once the trust’s terms are satisfied

Most people name themselves as trustee at first and choose a spouse or adult child as successor trustee to take over later.

How We Help You Decide What’s Right for Your Family

Every family’s situation is different, so we do not start with a template. We ask about your goals first, whether that is protecting a family member with special needs, planning for long-term care, or simply keeping things private and easy for your children, and build the plan around that.

Our Woburn trust attorneys also handle irrevocable trust planning for clients preparing for long-term care, and we stay involved after your documents are signed so your plan keeps working as your family and circumstances change.

Talk to a Massachusetts Trust Attorney

If you are trying to decide whether a trust makes sense for your family, we can walk through your options together. Contact Simmons & Schiavo, LLP at (781) 675-1315 to schedule a consultation.