The Blog
We use this space to provide information about Estate Planning generally and to report new developments in this area.
What if Your Estate Planning Lawyer Got it Wrong?
We all want to trust our professional advisors. We hope our financial advisors have carefully considered our circumstances and invested our money in ways that best serve us. We expect our doctors to pay full attention and listen closely when we explain our concerns. Similarly, when we pay thousands of dollars for our estate planning, we want to believe that our attorney got it right and that we can check this box and feel secure.
Secure Your Future: The Benefits of Irrevocable Funeral Bank Accounts
Planning for the inevitable is an essential aspect of comprehensive estate planning. One often-overlooked component of this process is ensuring that funeral expenses are adequately covered while also protecting assets from Medicaid considerations. One effective strategy to achieve both objectives is the establishment of irrevocable funeral bank accounts.
The Importance of a Power of Attorney: Ensuring Access in Times of Incapacity
Have you considered what would happen if you were suddenly unable to manage your own affairs due to illness or incapacity? Without a Power of Attorney in place, your loved ones could face significant challenges accessing your financial assets and managing your affairs on your behalf.
Organizing Your Estate Plan: Important Steps After Signing Your Documents
This blog post explains what you should do with your estate planning documents after they have been properly signed and notarized. These instructions (and this method) come from years of simplifying the process for my clients to get the job done right but with the least amount of “lifting.”
Maximizing Real Estate Powers in Estate Planning: Understanding Fiduciary Responsibilities
In the realm of estate planning, the inclusion of real estate assets often presents unique challenges and opportunities. From family homes to investment properties, real estate holdings can significantly impact the overall structure and distribution of an estate. One essential aspect of estate planning involves granting specific powers to fiduciaries—executors, trustees, or personal representatives—who are entrusted with managing these assets according to the wishes of the deceased.
Estate Planning Considerations for Divorced Parents with Shared Custody
Divorce is a challenging and emotional process that can have significant implications for your estate plan, especially if you have children from the marriage. For divorced parents with shared custody of their children, estate planning takes on added complexity as they navigate the delicate balance of providing for their children's well-being and ensuring their own wishes are carried out.
Preplanning Funeral Arrangements
In my experience, trying to make all of the arrangements when a loved one has passed is very stressful and sometimes very expensive because you have to make purchases right then and there. This is why I favor pre-planning and tell that to my clients. To mitigate these risks associated with pre-planning (and pre-paying), I advise…
Understanding HIPAA Release Authorization: Safeguarding Your Medical Information in Massachusetts
In the realm of healthcare, protecting the confidentiality of your medical information is paramount. One tool that plays a crucial role in safeguarding your privacy while ensuring appropriate access to your medical records is the HIPAA release authorization.
The Pitfalls of Dying Without a Will: Understanding the Consequences of Dying Intestate
In the realm of estate planning, one crucial document stands as a cornerstone of ensuring one's final wishes are carried out: the last will and testament. Yet, despite its importance, many individuals find themselves without this essential document, leaving their estate subject to the laws of intestacy, or dying without a will.
Understanding the Residuary Estate: A Crucial Component of Estate Planning
In the intricate landscape of estate planning, one term that often arises is the "residuary estate." While the concept may seem complex at first glance, understanding its significance is crucial for anyone navigating the intricacies of wills and estate distribution.
Designing a Conflict-Resolution System: A Guide to Fair Distribution of Personal Property
In the realm of estate planning, ensuring a smooth and equitable distribution of personal property can be a daunting task. As an experienced estate planning attorney, I've encountered numerous situations where family dynamics and differing opinions have led to disputes over the division of assets.
Simplifying the Distribution of Personal Property: The Power of Memoranda in Your Will
When it comes to estate planning, many individuals focus on the distribution of their financial assets, such as real estate, investments, and bank accounts. However, one often overlooked aspect of estate planning is the distribution of personal property—the sentimental items that hold emotional value for you and your loved ones. While it may seem daunting to address the distribution of personal property in your will, there is a simple and effective tool that can streamline this process: a written memorandum referenced in your will.
Choosing a Guardian and Trustee for Your Minor Children: Ensuring Their Well-Being and Financial Security
When it comes to estate planning for parents of minor children, one of the most important decisions they will face is selecting a guardian to care for their children in the event of their untimely passing. While the primary focus may be on finding a trusted individual who shares their values and parenting philosophy, it's equally important to consider the financial well-being of their children.
Creating Testamentary Music Trusts in the Wills of Creatives & Musicians
Those who write and record music are among those called “Creatives.” In my experience, few Creatives think of protecting their works through estate planning. Bob Marley, Michael Jackson, Jimmy Hendrix, Pablo Picasso, Prince, and Amy Winehouse all died without a will.
Safeguarding Your Legacy: Protecting Digital Assets in Your Estate Plan
In today's digital age, our lives are increasingly intertwined with technology, and our digital footprint continues to grow. From online financial accounts and social media profiles to digital photo albums and cryptocurrency wallets, our digital assets represent a significant aspect of our personal and financial lives. However, many individuals overlook the importance of including these assets in their estate planning process, leaving them vulnerable to loss, theft, or mismanagement.
Estate Planning for Unmarried Couples in Massachusetts: Navigating Legal Realities
In the Commonwealth of Massachusetts, the concept of common law marriage does not exist. Regardless of the duration of cohabitation or the depth of commitment between partners, unmarried couples are not legally recognized as married unless they have gone through the formalities of marriage. This legal reality underscores the importance of estate planning for unmarried couples, as it is the only way to ensure that their wishes are honored and their partners are provided for in the event of passing.
Understanding the Role of a Living Will in Massachusetts: Expressing End-of-Life Wishes with Clarity and Control
A living will, also referred to as an advance directive, enables you to specify your healthcare preferences and treatment decisions beforehand, especially in scenarios where you might be unable to convey your wishes due to illness or incapacity. This becomes particularly crucial if you are diagnosed as being in a permanent vegetative state, or if you have a terminal illness or an incurable condition that renders your life void of meaningful experiences.
The Importance of a Custom-Tailored Health Care Proxy: Protecting Your Wishes in Massachusetts
When it comes to making critical medical decisions on your behalf, having a custom-tailored healthcare proxy is essential for individuals in the Commonwealth of Massachusetts. In this blog post, we'll explore the significance of a personalized healthcare proxy and highlight the distinctions between a custom-tailored document and one provided by a hospital or insurance company.
The Value of a Durable Power of Attorney in Estate Planning: Protecting Your Interests in Massachusetts
A durable power of attorney is a crucial component of estate planning in the Commonwealth of Massachusetts, providing valuable protection and peace of mind for individuals and their families. In this blog post, we'll explore the significance of a durable power of attorney and how it can safeguard your interests.
Choosing the Right Personal Representative for Your Will: A Guide to Estate Planning in Massachusetts
Selecting a personal representative, also known as an executor or executrix, is a crucial decision when creating your will in the Commonwealth of Massachusetts. This individual will be responsible for managing your estate and ensuring that your wishes are carried out according to your will.
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