Estate Planning

02
Jul

Does A No Contest Clause Really Work?

Posted by | · · · · · · · | Estate Planning

You’ve probably heard horror stories of disgruntled heirs contesting a parent’s Will to try and get their “fair share” of an inheritance. While uncommon, it is particularly concerning when dealing with favoritism, children who have substance abuse or gambling issues, blended families, or illegitimate children. Fortunately, under Massachusetts law there are a few steps you […]

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26
Jun

Should You Use A Tangible Property Memorandum?

Posted by | · · · · · · · · | Estate Planning

Do you have a bunch of “stuff” that you’d like to leave to certain individuals, but don’t want to deal with the inconvenience of listing everything in your Will or updating your Will as circumstances change? If yes, then a tangible property memorandum may make sense to incorporate or reference through your Will.   Under […]

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19
Jun

Safekeeping Your Estate Planning Documents

Posted by | · · · · · · · | Estate Planning

Completing your estate plan is a great accomplishment, but the fun’s not over yet – now you have to decide where to keep the papers for the rest of your life. Generally, you have three options for safekeeping your estate planning documents: Lawyer’s Office Traditionally, lawyers would keep and store their clients documents since they […]

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11
Jun

3 Estate Planning Mistakes You Don’t Want To Make

Posted by | · · · · · · · · · · · | Estate Planning

 1. Failing to name contingent beneficiaries   Life’s uncertain. We’d like to believe everything will go as planned, but it’s possible that your primary beneficiaries may predecease you. If that happens, you should always have alternate or back-up beneficiaries in place.   Also, it’s best to make a habit of reviewing the beneficiaries on your […]

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04
Jun

Can You Disinherit Your Spouse?

Posted by | · · · · · · · · | Estate Planning

If the thought of leaving your estate to your spouse makes you nervous then you’ve probably wondered: can you disinherit your spouse?   The answer is generally, no – at least not entirely.   Under Massachusetts law your spouse is entitled to inherit a portion of your estate (also known as the spousal elective share). […]

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24
May

Two Trusts Worth Considering an Independent Trustee For

Posted by | · · · · · · · · · · · | Estate Planning

Independent Trustees are persons and/or entities that are responsible for administering your trust, but are not named as beneficiaries. While some trusts require independent trustees, others use independent trustees to primarily avoid a conflict of interest that may otherwise exist if the Trustee were to also be a beneficiary of the trust.   Why is […]

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15
May

Do You Actually Need A Trust?

Posted by | · · · · · · · · · · · · · | Estate Planning

A trust can be a useful tool for various scenarios, but is not always necessary and is often oversold to increase attorney’s fees. So the question is: do you actually need a trust? Here are the three most common scenarios where a trust may make sense for you: To Avoid Probate on Out-of-State Property. If […]

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07
May

Get Your Digital Assets In Order

Posted by | · · · | Estate Planning

As the world becomes more electronic, digital assets have become a growing concern for estate planning.   It was only last year (October 2017), when the Massachusetts Supreme Court ruled in favor of granting personal representatives access to online accounts if they are given “lawful consent.” While this certainly helps, in practical terms it does […]

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01
May

Testamentary v. Living Trust

Posted by | · · · · · · · · · · | Estate Planning

A trust can be established either during a person’s life (a “Living Trust”) or at his or her death by being included in a person’s Will (a “Testamentary Trust”). Both types of trusts have the benefit of allowing the creator of the Trust (sometimes called the donor, grantor, or settlor) to put in place a […]

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24
Apr

How to Start the Estate Planning Conversation with Your Family

Posted by | · · · · · · · · · · · | Estate Planning

Death and money are likely among the top two things you don’t want to talk about around the dinner table. Yet you probably know very well that an estate planning conversation is something you should discuss with your family sooner rather than later. Otherwise, your survivors may misinterpret or fail to follow your intentions, which […]

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