Losing a loved one is always an emotional and difficult time. As you begin to sort through their belongings and handle their estate, you may find yourself encountering unexpected challenges regarding their will or trust. Perhaps the will differs significantly from...
Estate Planning
What constitutes executor mismanagement?
As we age, we can’t help but find ourselves planning for the future. This often leads to people setting up an estate plan. The success of its implementation relies heavily on the executor. However, the responsibility of managing an estate can sometimes lead to complex...
What constitutes a lack of capacity for probate purposes?
Most people put a lot of thought and consideration into their estate plans. They want what they leave behind for loved ones to have a positive impact. They may achieve that goal by naming specific family members as their beneficiaries. Typically, those with estate...
3 signs that it’s time for someone to update their estate plan
Those who have an estate plan on record are already ahead of the curve. A majority of adults in the United States do not currently have any estate planning paperwork on record. If they die, their families may need to undergo intestate succession proceedings because of...
What reasons can lead to the removal of a trustee?
When creating a trust, there are multiple roles with various functions, all essential to solidify the legal arrangement. Specifically, the trustee has many obligations involving management of the trust and prioritizing the interests of its beneficiaries. If they...
How do you ensure your will is fraud-proof?
Creating a last will is an important step in securing your legacy. Doing this puts your mind at ease that even if you die unexpectedly, you can distribute your assets according to your wishes. However, even if you can state all your demands clearly, you cannot be sure...
When can families remove or replace a personal representative?
The personal representative of a Massachusetts estate has a lot of different responsibilities to fulfill. They need to locate someone's testamentary documents and secure their resources. They need to submit paperwork to the Massachusetts probate courts and attend...
When can you contest a will in Massachusetts?
Probate is the legal process through which a person’s estate is settled and distributed. During probate, the court oversees the payment of debts and taxes, identifies the rightful heirs and helps ensure the transfer of assets according to the terms of a will or...
Can you turn down an inheritance after someone dies?
Some people don’t feel comfortable discussing their estate plan with their loved ones. Sometimes it’s the loved ones who don’t want to talk about a time when their parents or other older relatives won’t be around. This is how people end up inheriting things they don’t...
Can you sue an executor for stealing from the estate?
When a loved one dies, their estate is usually managed by an executor appointed in the deceased’s will. The executor’s role is to distribute the estate assets according to the deceased’s wishes and in compliance with state law. However, suppose the executor is found...