Estate Planning Articles

Understanding Credit Shelter Trusts and Marital Trusts in Massachusetts Estate Planning

For Massachusetts families seeking to preserve wealth and minimize estate taxes, credit shelter trusts and marital trusts are two of the most important estate planning tools available. When structured correctly, they can reduce or even eliminate estate taxes while ensuring that a surviving spouse and other beneficiaries are properly provided for. How Credit Shelter and Marital Trusts Work Credit shelter and marital trusts are typically created after the first spouse passes away. They can originate from a single joint trust

My Parents Owned Property in Florida but Lived in Massachusetts — Which State Handles Estate Taxes?

It is increasingly common for Massachusetts families to own property in multiple states, especially Florida. Many retirees spend winters in Florida, purchase vacation homes there, or eventually pass away while temporarily residing there during retirement. This often creates confusion for surviving family members trying to determine which state controls the estate and if estate taxes apply. One of the most important factors in answering this question is determining where the deceased person was legally domiciled at the time

Do I Have to Worry About Massachusetts Estate Tax?

Many Massachusetts residents are surprised to learn that estate taxes may apply long before a family considers itself “wealthy.” With rising home values, retirement accounts, investment portfolios, and life insurance proceeds, it is increasingly common for families to unintentionally cross the Massachusetts estate tax threshold without realizing it. For this reason, estate tax planning has become an important part of modern estate planning for many Massachusetts individuals and families. What Is the Massachusetts Estate Tax? Massachusetts imposes its own state-level

Smart Estate Planning for Everyday Families

Estate planning is often misunderstood as something only necessary for the wealthy. In reality, most families have the same core concerns—protecting their home, securing their retirement, providing for their children, and avoiding unnecessary financial loss. Thoughtful planning is not about complexity—it is about making practical decisions that protect what matters most. Understanding the key areas that impact everyday families can make estate planning more approachable and more effective. How Do You Protect Your Home—Your Most Valuable

How Can You Avoid Probate?

Probate is the legal process used to settle a person’s estate after he or she passes away. While it serves an important purpose, many families prefer to avoid probate when possible due to the time, cost, and public nature of the process. With thoughtful planning, it is often possible to transfer assets more efficiently and privately. This article explains how probate works and the strategies commonly used to avoid it. What Is Probate and Why Do People Want to

What Happens If You Die Without a Will?

Many people delay estate planning because they assume everything will “automatically go” to their spouse or children. Unfortunately, that is not always the case. If someone dies without a valid will, state law, not the decedent, determines who inherits his or her property. What Does It Mean to Die “Intestate”? When a person dies without a valid will, he or she is said to have died intestate. In that situation, state intestacy statutes determine how assets are to be distributed. The court does not consider verbal

Is Probate Always Required in Massachusetts?

When a loved one passes away in Massachusetts, one of the first questions families often ask is whether the estate must go through probate. Probate is the legal process by which a deceased person’s assets are identified, debts and expenses are paid, and remaining property is transferred to heirs or beneficiaries. While probate is sometimes unavoidable, not every estate requires a full court proceeding. The type of assets involved and how they were owned determines whether probate is necessary or

The Benefits of Establishing a Trust for Estate Planning

Estate planning is a crucial step to ensure that your assets are distributed according to your wishes after your passing. As estate planning attorneys practicing in Massachusetts, New Hampshire, and Florida, we understand the unique benefits and legal requirements of establishing a trust in these states. In this article, we will discuss the advantages of setting up a trust, including avoiding probate, maintaining privacy, controlling the distribution of assets, and estate tax benefits. Avoiding Probate One

Estate Planning for High Net Worth Individuals: Unique Considerations in Massachusetts

Estate planning is a critical process for everyone, but it holds unique implications for high net worth individuals, particularly in Massachusetts. Given the complexities of state laws and the substantial assets involved, high net worth individuals must approach estate planning with a detailed and strategic mindset to ensure their wealth is preserved and transferred according to their wishes. Understanding Estate Taxes in Massachusetts Massachusetts is one of the states that imposes an estate tax, which can

Estate Planning for Blended Families in Massachusetts: Key Considerations

Estate planning is a crucial process for all families, but it becomes particularly important and complex for blended families. In Massachusetts, blended families—where one or both spouses have children from previous relationships—must navigate unique challenges when it comes to ensuring that both their spouse and children are provided for after their death. Without a clear and well-thought-out estate plan, unintended consequences can arise, often leading to disputes or leaving loved ones without the financial protection they

Florida

Massachusetts

New Hampshire

Beliveau Law Group