What is Breach of Fiduciary Duty?

An executor (formally known as a personal representative in Massachusetts) is a person appointed to handle the administration of your estate. When they violate specific laws or ethical considerations this may count as a breach of fiduciary duty. A breach of fiduciary duty dispute occurs when a person who is responsible for managing a will,… Read More »

Reasons to Use a Memorandum of Trust

If you’ve chosen to create a revocable living trust as part of your estate plan, this affords a great deal of privacy, which can be amplified by creating a memorandum of trust. This memorandum is a synopsis of the entire trust document which allows assets to be transferred inside the trust while also preserving the… Read More »

How Is Incapacity Evaluated in MA?

Incapacity is an important term as it relates to estate planning. The existence of a power of attorney enables you to authorize someone else to make medical decisions on your behalf if you are incapacitated and unable to do so. Many estate planning instruments like this become active when the person who created it becomes… Read More »

Do You Have Loose Ends with Your Estate Plan?

It is crucial to protect your finances, your family and yourself with a well drafted estate plan. Although it is advised that everyone over the age of 18 have a will that is properly drafted, fewer than one third of Americans actually have an estate plan in place. The event of your unexpected passing can… Read More »

How Long Does Probate Take in Massachusetts?

The complexity of any individual estate will determine how long it takes to get through probate. The time necessary to probate a will in Massachusetts will depend on numerous factors, particularly how involved the Internal Revenue Service is with regards to settling or closing out an estate. You will want to be prepared to speak… Read More »

Is It Wise to Name More Than One Executor?

An executor or personal representative is the person who is appointed to manage aspects of your estate once you pass away. It can be very difficult to determine who to instill in this role, leading some to think that the right next step is to name more than one executor to their overall estate. This… Read More »