What Do I Pay on Taxes for an Estate in Massachusetts?

What Do I Pay on Taxes for an Estate in Massachusetts? When a family member or other loved one passes away, there can be a lot of feelings and side issues that hit a family all at once. The event, in short, is overwhelming. And when time passes, giving the survivors a period to mourn and collect themselves, their thoughts turn Read More

When Is Probate Required? Massachusetts Law and Probate Alternatives

When Is Probate Required? Massachusetts Law and Probate Alternatives People during their lives focus on squaring away their estates to achieve all sorts of goals; to avoid inheritance taxes, to survive the MassHealth look back rules, or maybe simply to forego the probate process. Some, of course don’t plan for anything at all. And despite what many may think, Read More

Contesting a Trust in Massachusetts | How the New MUTC Works

Contesting a Trust in Massachusetts | How the New MUTC Works Lawyers in estate planning know the term “dead hand” to refer to efforts that living persons make to control property after they pass away. And while the term itself can cause an unpleasant mental image, it is the idea behind it, a.k.a. the “settlor’s intent,” that has created serious difficulties Read More

How to Probate Real Estate in Massachusetts | Informal vs. Formal

How to Probate Real Estate in Massachusetts | Informal vs. Formal One of the greatest uncertainties for probate clients, probate attorneys and the probate courts after implementation of the new Massachusetts Uniform Probate Code [MUPC] concerns how to deal with the real estate of a decedent’s estate. Under prior law, the executor or personal representative simply needed to apply for a Read More

How to Avoid Massachusetts Estate Taxes | Massachusetts Estate Planners’ Toolkit

How to Avoid Massachusetts Estate Taxes | Massachusetts Estate Planners’ Toolkit As we described in an earlier article, calculating the Massachusetts Estate tax (imposed on estates over about $1 million) is not an easy task. So it should be no wonder that families find it difficult to form an estate plan that incorporates a Massachusetts estate tax strategy. Actually avoiding such Read More

Quicker Probate in Massachusetts? | Theory vs. Practice in the New MAUPC

Quicker Probate in Massachusetts? | Theory vs. Practice in the New MAUPC By now Massachusetts estate planning and probate attorneys have had the chance to deal and work with the new Massachusetts Probate Code, first effective March 31, 2012. It has been said that no matter how long an attorney has practiced in Massachusetts probate law, all are now novices under the Read More

The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt 2

The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt 2 As we noted in our Part 1 assessment of the new Massachusetts Uniform Probate Code (a.k.a. “MAUPC”), the legislation has been delayed yet again by the Massachusetts Legislature, this time until April 1 of 2012. Still, there has been no shortage of talk relating to the expected effects of these Read More

The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt. 1

The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt. 1 The new set of laws, scheduled for adoption by Massachusetts starting April 1, 2012 (pushed back from Jan 2), are known as the Uniform Probate Code (or “MAUPC” or “UPC”). They are designed to clarify the law and to incorporate the more useful advancements in probate law made over the Read More

When There is No Will | What Happens in Massachusetts?

When There is No Will | What Happens in Massachusetts? As much as everyone seems to understand the importance of having a last will and testament, few actually understand what happens when we die without one. Perhaps the best way to describe what follows is that the State of Massachusetts has drafted a will for you, and it is called Read More

How Long is Probate in Massachusetts? | Time Spent on Probate Process

How Long is Probate in Massachusetts? | Time Spent on Probate Process The costs and delays involved with probating a will are usually what lead people to form estate plans in the first place. The goal for most is to reduce the time and money their heirs and beneficiaries have to go through before inheriting property. In case you are new to Read More