estate planning

Trusts 101: Exploring Different Types and Their Benefits

When it comes to securing your family’s financial future, understanding the role of trusts is essential. In this comprehensive guide, we’ll delve into the basics of trusts, exploring different types and the myriad of benefits they offer for estate planning. Understanding Trusts A trust is a legal entity that holds and manages assets on behalf of beneficiaries. It serves as an effective tool in estate planning, offering flexibility, control, and, in the case of living trusts,

Read More »

Revolutionizing Estate Planning in Massachusetts: Navigating the Impact of the New Estate Tax Landscape

In a groundbreaking move, Massachusetts legislators unveiled a transformative $1 billion tax relief package on September 26, 2023, which was swiftly enacted into law by Governor Maura Healey on October 3, 2023. This comprehensive legislation, designed to provide relief to families, businesses, and individuals across the state, carries profound implications for existing estate plans, with a particular focus on the estate tax. The recently enacted law significantly elevates the Massachusetts asset threshold subject to the estate

Read More »

Living Trusts vs. Wills: Which Is Right for You?

Planning for the future is crucial, especially when it comes to protecting your assets and loved ones. Estate planning provides the opportunity to make important decisions about how your estate will be handled after you’re gone. In this realm, two common options arise: living trusts and wills. Both serve important purposes, but understanding the differences between them will help you make an informed decision about which one is the best fit for your specific needs. Let’s

Read More »

The Consequences of Dying Intestate as a Single Real Estate Owner: A Comparative Look at Massachusetts, New Hampshire, and Florida

The Perils of Dying Intestate Every person’s ultimate goal in estate planning should be to maintain control over his or her property and have his or her final wishes honored. However, when an individual dies without a will, this control is forfeited, often leading to consequences that may be far from what the decedent would have desired. This predicament is amplified for those who are single and own real estate individually, especially in states like Massachusetts,

Read More »

Long-Term Care Planning and Asset Protection: Safeguarding Your Future

As experienced estate planning lawyers, we understand the importance of safeguarding your assets and ensuring your future well-being. In this article, we will provide you with valuable insights into the complexities of long-term care planning and how it can be an integral part of your overall estate plan. The Rising Importance of Long-Term Care Planning The need for long-term care can arise unexpectedly due to various factors, such as aging, illness, or accidents. The cost of

Read More »

Would putting my husband’s name on the deed, save us form probate when his mother has to be put in nursing home or passes away?

ADDITIONAL INFORMATION: Trying to find the right and cheapest way to but my husband on his mom’s house. I don’t know if we should make a trust for the house or change the deed. I really don’t know what way to go. Mom has dementia and bipolar. She want to has us get the house without probate. ANSWER BY MARGARET CROSS-BELIVEAU: Having dementia doesn’t mean that one is incompetent.  However, if your husband is not an

Read More »

Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?

ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question

Read More »

What are my rights as an owner of a remainder interest?

ADDITIONAL INFORMATION: My dad gifted me his house but reserving a life estate.  Can he rent the house or call the police on me to leave the home? ANSWER BY MARGARET CROSS-BELIVEAU: Yes. Life tenant has reserved the right to live there and the proceeds of income of the property until his death. Unless his actions are negatively effecting the value of the real estate, you don’t have authority over the property. Follow us on Facebook

Read More »

Can an estranged wife who disappeared more than 30 years ago challenge a will in relation to real property in Florida?

ADDITIONAL INFORMATION: I am helping an elderly disabled friend who fears his wife who disappeared more than 30 years ago may reappear after he dies and cause problems. He wants to will his home to a friend. To his knowledge, she knows nothing of the property where he had lived since shortly after she left. ANSWER BY DAVID M. BELIVEAU: If his wife is living, she will have spousal rights to his probate estate.  Also, under

Read More »

How to Avoid Estate Tax

Estate tax, also known as the “death tax,” is a tax on the transfer of property upon your death. It can be a significant burden for your loved ones, as it can eat into the assets you intended to leave for them. Fortunately, there are several strategies that can be employed to minimize or even eliminate estate tax. One of the most effective ways to minimize estate tax is by creating a trust that contains estate

Read More »
Email us now
close slider