Trusted Asset Protection Lawyers in MA
Asset protection matters more when your family’s future is on the line. At New England Trust Services, we help clients across Massachusetts build plans that shield wealth from creditors, probate court, and unnecessary taxation. Our asset protection lawyers in MA use strategic trust planning to preserve everything you have worked hard to build.
Massachusetts law allows you to structure trusts that can guard against risks like divorce settlements, lawsuits, long-term care costs, and more. If you live in places where rising property values and inheritance disputes often complicate estate matters, proper legal planning becomes essential.
We use tools such as irrevocable trusts, spendthrift clauses, and independent trustees to help protect your assets while staying compliant with the Massachusetts Uniform Trust Code (M.G.L. c. 203E).
Key Legal Protections Available in Massachusetts
Working with asset protection lawyers in MA means using state-backed legal tools to manage risk. Here are some strategies we often apply:
- Irrevocable trusts: These transfer ownership out of your hands and into a trustee’s control, shielding assets from personal lawsuits.
- Spendthrift clauses: Restrict access by creditors and preserve assets for future beneficiaries.
- Independent trustees: Provide extra protection during divorce, helping keep assets out of the marital estate.
- The HEMS standard (health, education, maintenance, and support): Limits how distributions can be used, offering additional estate tax benefits.
Under M.G.L. c. 203C, all trustees must invest assets with care and prudence. If structured correctly, trusts can even provide protection during bankruptcy or when applying for public benefits.
Lessons From Local Court Cases
Massachusetts courts have weighed in on how asset protection works and what does not hold up. For example:
- In Levitan v. Rosen (2019), the court ruled that if a beneficiary withdraws funds freely, those assets can be included in a divorce settlement.
- In De Prins v. Michaeles (2019), a self-settled trust failed to protect assets from creditors, even with a spendthrift clause.
- In Calhoun v. Rawlins (2018), assets in a trust created through a divorce were reachable by creditors.
These cases show why it matters to draft trusts carefully. Trusts that work on paper might fail in court if they are not implemented with precision. Our asset protection lawyers in MA keep your plan solid and enforceable.
Practical Reasons Families in MA Choose Trusts
- Avoid the 5–10 percent cost of probate
- Lower state estate taxes (Massachusetts’ threshold is $2 million)
- Protect inheritances from a child’s spouse or future creditors
- Control how and when heirs receive money
- Retain privacy since trusts are not public like wills
Work With Asset Protection Lawyers in MA Who Focus on Your Family’s Needs
We do this work because we believe in helping families protect what matters. Our asset protection lawyers in MA understand the state’s rules, risks, and legal tools because we live and work here, too. Reach out to New England Trust Services today.