What Is the Burden of Proof When Challenging A Will or Trust in Massachusetts?

There are not many situations in which an individual could have grounds to challenge a will or trust in Massachusetts. However, as a person putting together your estate planning documents and planning ahead, it is important to understand the steps that you can take with the help of your attorney to decrease the chances of… Read More »

What Happens if I Never Update My Massachusetts Will After a New Marriage?

The Massachusetts Supreme Judicial Court’s recent ruling in the case Ciani v. McGrath, highlights an important issue regarding updating a will when the creator fails to update a years-old document. In that particular case, a now-deceased individual had married a second time after his first wife had passed away. However, the original will, which provided… Read More »

What Are a Will Executor’s Responsibilities in Massachusetts?

Since your will’s Personal Representative (formerly known as an Executor) holds an important position in the distribution of your estate, you need to put careful thought into the selection of this agent. If a will submitted to probate court names an Personal Representative, the court awards that person “letters testamentary.”   This is the official paperwork… Read More »

Understanding Powers of Attorney and Wills for Estate Planning Purposes

Most people fall into the camp of experiencing many different misconceptions about powers of attorney and wills. Many people think that will planning or estate planning is something that only the elderly should do and might not necessarily be for a younger couple or a single individual. However, anyone who has loved ones or who… Read More »