Updated June 29, 2022
The Massachusetts revocable living trust form is a document created by a person (Grantor) to safeguard their assets during their lifetime and provide instructions for distribution after they die. The Grantor will appoint a Trustee to manage the contents of the Trust; the benefit of a revocable trust is the Grantor can name themselves Trustee. Another benefit of a revocable trust over an irrevocable trust is the Grantor has the ability to make changes to the Trust at any point in their lifetime. In the event the Grantor becomes mentally incapacitated, the Trustee (or Successor Trustee if Grantor and Trustee are one in the same) will ensure the Grantor receives the care they need as per the instructions written out in the Trust document. After the Grantor dies, a revocable trust becomes irrevocable and the Trustee (or Successor Trustee) will distribute the assets from the Trust to the Beneficiaries as per the Grantor’s instructions. This process will be done out of probate court and will not be made public record, which is not the case if the deceased only created a Last Will and Testament.
Laws – Chapter 203 (Trusts)
How to Write
Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – Open the document and start filling out the first page of the form. The first page asks for the Grantor’s name at the top as well as the current date below that. Next, enter the names and addresses of the Grantor and the appointed Trustee. Under Article 1, create a name for the Trust. After that, disclose whether this document is or is not an amendment to a prior trust.
Step 3 – Locate Article 4 and complete Section A by creating a list of property. Beside each property, enter the names of the individuals/organizations to whom those properties will be transferred upon the Grantor’s death.
Step 4 – Under Article 4, Section B, it must be made known whether the Grantor wishes to bequeath all personal property to the named Beneficiaries or to a specific individual. Select one of the checkboxes and, if a specific individual has been selected as the inheritor, that individual’s name, address, and Social Security number must be included.
Step 5 – Under Section C of Article 4, the name and address of the appointed “Pet Caretaker” must be entered in the spaces provided. A second name and address (the Alternate Pet Caretaker) should be included in this section in the event the first Pet Caretaker will not be able to complete their duties.
Step 6 – Continue to Part (ii) of Article 4, Section C and select one of the checkboxes as shown in the image below. To provide funding for the Pet Caretaker, select the first checkbox and enter the dollar amount. To provide zero funding for the Pet Caretaker, select the second checkbox.
Step 7 – Part (iii) of Article 4, Section C is used to establish a “3rd Party Enforcer”. Enter the name and address of the person who will have the responsibility of ensuring the Pet Caretaker’s funding is used appropriately.
Step 8 – Under Article 4, Section D, enter the names, addresses, and Social Security numbers of the individuals (Beneficiaries) to whom the Grantor’s undistributed property will be transferred after death.
Step 9 – Next, Article 10 provides a field for the Grantor to establish the amount of time that must pass between accounting claims made by any Beneficiary. Enter a number in said field and select the desired time period.
Step 10 – Under Article 13, enter the names and addresses of the appointed Successor Trustee and 2nd Successor Trustee.
Step 11 – Compensation for Trustees will be established by checking one of the boxes under Article 13, Section I. Select the first box for no compensation, select the second box for reasonable compensation.
Step 12 – Go to Article 15 next and enter the number of days a person must survive the Grantor before making a claim to, or benefiting from, the Trust.
Step 13 – Locate Article 17 and select the checkbox that coincides with the Grantor’s current marital status. If the second checkbox is selected, the Grantor’s Spouse’s name must be included.
Below that is the section that pertains to the occurrence of the Grantor and their Spouse dying at the same time. Check either the “Grantor Dies First” box or the “Grantor Dies Second” box to establish what will happen to the property and assets within the Trust if it is indeterminable who died first.
Step 14 – If the Grantor has any children, they should be listed in the field provided under Article 18.
Step 15 – Under Article 21, any individuals or organizations the Grantor wishes to specifically exclude from the Trust can be named in the space provided.
Step 16 – To allow the Grantor to modify or revoke the Trust during their lifetime, the Grantor, Trustee, and Successor Trustee must include their signatures. Below that is space for their printed names and the date.
Step 17 – The second to last page consists of the Self-Proving Affidavit. This page must include the following information:
- State
- County
- Grantor’s signature and the date
- Trustee’s signature and the date
- Successor Trustee’s signature and the date
- Two (2) witness signatures and the dates
A notary public, if present, should complete the Notary Acknowledgement portion of the affidavit.
Step 18 – The last page, Attachment A, can be used to list property and assets that will be transferred to the Trust.
