3 Ways Our Law Firm Is Operating To Overcome COVID-19
The Probate Court Is Closed, But We Can Still Prepare & File Petitions Whether you’re dealing with opening an estate, filing for guardianship or any other family law related proceeding, we can help. The probate court is now only holding proceedings on an emergency basis – and by electronic means for the most part – […]
When a Massachusetts Personal Representative or Trustee Disregards the Beneficiaries
One of the most frequent issues we deal with as estate and probate attorneys, is the problem of a fiduciary who does not honor his or her duty to beneficiaries. A fiduciary duty is a legal principle that binds the “fiduciary” to see to care for one person’s interest, typically a “beneficiary,” over and above […]
What Do I Pay on Taxes for an Estate in Massachusetts?
When a family member or other loved one passes away, there can be a lot of feelings and side issues that hit a family all at once. The event, in short, is overwhelming. And when time passes, giving the survivors a period to mourn and collect themselves, their thoughts turn inevitably to shoring up the […]
When Is Probate Required? Massachusetts Law and Probate Alternatives
People during their lives focus on squaring away their estates to achieve all sorts of goals; to avoid inheritance taxes, to survive the MassHealth look back rules, or maybe simply to forego the probate process. Some, of course don’t plan for anything at all. And despite what many may think, due to loopholes in Massachusetts […]
Contesting a Trust in Massachusetts | How the New MUTC Works
Lawyers in estate planning know the term “dead hand” to refer to efforts that living persons make to control property after they pass away. And while the term itself can cause an unpleasant mental image, it is the idea behind it, a.k.a. the “settlor’s intent,” that has created serious difficulties with millions of beneficiaries over […]
How to Probate Real Estate in Massachusetts | Informal vs. Formal
One of the greatest uncertainties for probate clients, probate attorneys and the probate courts after implementation of the new Massachusetts Uniform Probate Code [MUPC] concerns how to deal with the real estate of a decedent’s estate. Under prior law, the executor or personal representative simply needed to apply for a license to sell through the […]
How to Avoid Massachusetts Estate Taxes | Massachusetts Estate Planners’ Toolkit
As we described in an earlier article, calculating the Massachusetts Estate tax (imposed on estates over about $1 million) is not an easy task. So it should be no wonder that families find it difficult to form an estate plan that incorporates a Massachusetts estate tax strategy. Actually avoiding such a tax (also called the […]
Quicker Probate in Massachusetts? | Theory vs. Practice in the New MAUPC
By now Massachusetts estate planning and probate attorneys have had the chance to deal and work with the new Massachusetts Probate Code, first effective March 31, 2012. It has been said that no matter how long an attorney has practiced in Massachusetts probate law, all are now novices under the new code. But the much-anticipated […]
The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt 2
As we noted in our Part 1 assessment of the new Massachusetts Uniform Probate Code (a.k.a. “MAUPC”), the legislation has been delayed yet again by the Massachusetts Legislature, this time until April 1 of 2012. Still, there has been no shortage of talk relating to the expected effects of these laws among Massachusetts probate attorneys […]
The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt. 1
The new set of laws, scheduled for adoption by Massachusetts starting April 1, 2012 (pushed back from Jan 2), are known as the Uniform Probate Code (or “MAUPC” or “UPC”). They are designed to clarify the law and to incorporate the more useful advancements in probate law made over the years throughout the United States. […]