Estate Planning & Administration (Probate)
What is an Estate Plan? It is a collection of documents that set forth who will handle your affairs for you should you become incapacitated and upon your death.
Who can access to your medical records? Who can access your electronically stored information? Who will inherit your assets? Who will take care of your minor and/or incapacitated children? These are some of the questions that should be addressed in a good Estate Plan.
Power of Attorney, Advance Directive, Health Care Proxy, HIPPA Release, Electronic Information Release, Deed (with or without a reserved Life Estate), Homestead Declaration, Last Will and Testament, Virtual Assent Instruction Letter and Revocable and Irrevocable Trusts are some of the documents that comprise a good Estate Plan.
Unfortunately, not everyone has an Estate Plan and not every Estate Plan avoids probate court. Without any estate plan, your family will most likely apply to the probate court in order to distribute your assets according to Massachusetts laws of intestacy. Intestacy does not leave your estate to the loved ones of your choosing! Drafting an Estate Plan allows you to be in control of who is going to inherit your assets and it can also avoid probate court altogether! This can save time, money and avoid placing your information in a public forum. Probate files are open to public inspection. Furthermore, estates filed in the probate court must remain “open” for a minimum of one year to allow creditors to file claims against your estate.
Let us assist you in drafting an Estate Plan tailored to your needs and wishes.
Should you find yourself faced with applying to the probate court to administer an estate, please seek competent legal counsel. While Massachusetts adopted the Massachusetts Uniform Probate Code (MUPC) on March 31, 2012 and the Massachusetts Uniform Trust Code (MUTC) on July 8, 2012 with the intent to make the probate process easier, it is still difficult and time consuming and best accomplished with the assistance of an attorney. Mistakes can be costly and time consuming so don't go it alone.
Let us help you with your probate court estate petition.
Estate Planning and Administration/Probate Services:
- Drafting Estate Plans: (1) Power of Attorney; (2) Advance Directive; (3) Health Care Proxy; (4) HIPPA Release; (5) Electronic Information Release; (6) Deed {with or without a reserved Life Estate}; (7) Homestead Declaration; (8) Last Will and Testament; (9) Virtual Assent Instruction Letter; (10) Revocable and Irrevocable Trusts are some of the documents that should be included in your Estate Plan.
- Petitioning the Probate Court to administer an estate through formal, informal or voluntary administration.
- Conveying real estate included in an estate.
Resources
- MA Probate & Family Court - website