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...
Estate Planning
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...
When can beneficiaries challenge a will in Massachusetts?
Losing a loved one is difficult and questions about their will can add to your stress. As a beneficiary in Massachusetts, you have obligations and rights during probate, including the ability to challenge a will under specific circumstances. During probate,...
How to prove undue influence in wills and trusts
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...
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...
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...

