When you own a closely-held company in Massachusetts, it becomes one of your biggest assets. However, if you pass away without a comprehensive succession plan, the business often falls into probate. This court-supervised process can bring daily operations to a sudden...
Estate Planning
How to secure your rights to a Massachusetts estate inventory
Family members often find that moving a loved one's property is less clear than they expected. When a personal representative takes over an estate, heirs may feel left out while that person gathers assets and pays debts. Understanding the rules for a Massachusetts...
The importance of testamentary capacity
When a person has testamentary capacity, they are able to write a will and draft an estate plan. This capacity indicates that they have the mental ability to understand the legal process of writing a will, that they are of sound mind, and that they understand the...
Can family members contest a will if they’ve been left out?
A will can provide clear instructions about an individual's wishes. The contents of a will can provide support for dependent family members. The details of the document also establish the testator who drafted the paperwork's legacy. Individuals who make the decision...
3 estate plan updates to make after a divorce
Divorce is one of the most disruptive experiences an adult can weather. The end of a marriage changes their finances and living arrangements. Their schedule may also shift dramatically, especially if they must share custody of their children with their spouse. Many...
When a testator lacks the mental capacity to draft a will
Will contests can strain family relationships and extend the timeline for estate administration. However, people sometimes need the courts to review the legitimacy of estate planning documents. In specific scenarios, will contests are possible. Typically, there need...
Can beneficiaries get a personal representative removed?
If you were chosen by a relative or friend to be the executor (known as personal representative in Massachusetts) of their estate, it’s likely because they trusted you and had confidence in you to be able to handle the job and all the responsibilities it entails. They...
What are the warning signs of undue influence on a will?
A will serves as the last instructions provided by a deceased individual. The terms included in a will can provide support for their loved ones and establish the foundation of their long-term legacy. Many people invest a significant amount of time and careful...
What are creditor claims and how can you deal with them?
When a person passes away, their estate does not just include assets to be distributed to heirs; it may also involve debts that need settling. If you are the executor of your loved one’s estate, handling debts will be your responsibility. Creditor claims in probate...
Common issues that lead to trust administration disputes
Trust administration can be complex, requiring careful management and attention to detail. Grantors typically create trusts to provide for their loved ones and make sure that the distribution of their assets is according to their wishes. However, as with any complex...

