Trusts and Wills

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Planning for the future isn’t always easy — but having a solid estate plan in place is one of the most important steps you can take to protect your loved ones, your assets, and your legacy.

At Sousa Family Law, we provide personalized estate planning services designed to give you peace of mind. Whether you’re creating your first Will, establishing a Trust, or updating your documents after a major life change, we’re here to guide you through every step.

A Last Will and Testament is a legal document that outlines:

• Who inherits your assets (real estate, money, personal property)
   
• Who will serve as executor to carry out your wishes
   
• Who will become guardian of your minor children, if applicable
   

In Massachusetts, a Will must meet specific legal requirements to be valid:

• You must be at least 18 years old and of sound mind
   
• The Will must be in writing
   
• It must be signed by the testator and witnessed by two people
   

Without a valid Will, your estate will be distributed under Massachusetts intestacy laws, which may not reflect your personal wishes.

A Trust is a flexible legal tool that allows you to transfer assets to beneficiaries in a controlled and private manner — often without going through probate.

Massachusetts residents commonly create:

• Revocable Living Trusts: Allows you to manage your assets during your lifetime and avoid probate after death. You can amend or revoke it at any time.
   
• Irrevocable Trusts: Often used for Medicaid planning, asset protection, or tax planning. Once created, it generally cannot be changed.
   
• Testamentary Trusts: Created under a Will and activated after death. Useful for minor children or beneficiaries who need financial oversight.
   

Trusts can also provide ongoing management for special needs children, elderly family members, or beneficiaries with disabilities.

At Sousa Family Law, our estate planning services are tailored to your goals, your family structure, and your financial situation. We offer:

✅ Comprehensive Estate Planning Packages, including:

• Last Will and Testament
   
• Durable Power of Attorney
   
• Health Care Proxy and HIPAA Release
   
• Revocable or Irrevocable Trust (as needed)
   
• Instructions for digital assets and final wishes
   

✅ Trust Planning & Drafting

• Revocable Living Trusts
   
• Special Needs Trusts
   
• Medicaid Irrevocable Trusts
   
• Spendthrift Trusts
   
• Testamentary Trusts
   

✅ Review & Updates

• Review of existing Wills or Trusts
   
• Amendments and updates after marriage, divorce, birth of children, or other major changes
   

✅ Probate Avoidance Strategies

• Trust-based planning
   
• Beneficiary designations
   
• Joint ownership strategies