When making an estate plan, one of the most critical decisions is choosing who will carry out your wishes after your passing or act on your behalf if you become incapacitated. This decision demands careful consideration and understanding of the legal landscape in Massachusetts, which we at O’Connell Law have. Today, we’ll delve into the… Read More »
Posts Categorized: Executor
Timing Matters: The Best Age to Start Estate Planning in Massachusetts
Estate planning is a crucial financial and legal process that provides peace of mind, ensures the orderly distribution of assets, and minimizes potential complications for heirs. However, many people in Massachusetts often wonder when the ideal time is to embark on estate planning. This article will discuss the best age to start estate planning in… Read More »
Massachusetts Replaces “Executor” with “Personal Representative” in Probate Terminology
In the world of estate planning and probate, terminologies can carry significant legal weight. In Massachusetts, a notable shift has occurred in recent years. The term “Executor” has been replaced with the more encompassing term “Personal Representative.” Let’s explore this change and what it means for those involved in estate matters in the Bay State…. Read More »
Navigating Probate: Avoiding Common Pitfalls
Introduction Probate is a legal process that ensures the orderly distribution of a deceased person’s assets and settlement of their debts. While it’s designed to be a structured and fair system, common probate pitfalls can complicate matters for heirs and executors alike. In this article, we’ll explore some of these challenges and offer insights on… Read More »
Who Are the Most Important Stakeholders In Your Estate?
If you have not yet crafted estate planning documents, now is the perfect opportunity to meet with an estate planning lawyer to discuss your next steps. There are several different people who may be associated with the management of your estate. This is because powers of attorney, trusts, wills, and advanced healthcare directives all appoint… Read More »
Should I Choose an Executor Outside of My Family?
A lot goes into the process of serving as an estate executor in Massachusetts (formally known as a personal representative), so you need to be clear about the person you select to serve in this role and make sure you’ve selected the right individual for the job. There are three primary factors you should be… Read More »
What If a Personal Representative Does Not Want to Serve in an Estate?
If you have been named as the executor of another person’s estate this does not mean that you must serve as the personal representative. You have a choice about being appointed in this role and since the court does still need to appoint you, it’s a good idea to get legal counsel and discuss what… Read More »
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 »
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 »
What Are Executor Fees?
When establishing a person in the role of executor, it’s common to have questions about how this could impact the overall assets inside your estate. Executors are entitled to fees, and this could decrease the volume of assets available for beneficiaries after all estate payments are made. Executor fees are in place to compensate a… Read More »