Probate Administration
In the event you are required to go to probate court, you’ll need a skilled and experienced probate advocate. The probate process carries significant cost, and can delay asset distributions for up to 18 months, as well as provide a forum for disgruntled heirs.
The Massachusetts probate process is required when anyone dies owning assets — including real estate — in their name alone. The goal is to do the correct estate planning ahead of time to avoid this process.
What You Need to Know About Probate
The vast majority of probate cases we take were started by family members that attempted to go through the process themselves and ultimately got confused, overwhelmed, or just gave up on the whole process. On the surface, it may seem like a straightforward endeavor, but the probate court process is one that requires an experienced attorney.
If you must go through the probate process, do not take on the added stress of going at it alone. Our firm can advocate for your wishes and interests.
Trust Administration
Trust Administration is where a lot of costly mistakes are made and even trustee liability can often occur. Only an experienced attorney should undertake the administration of a trust after a person’s death.
A great article on the duties of a trustee can be found here.
In order to comply with U.S. tax law, many important estate and income tax decisions must be made in a quick manner. Examples would include whether or not to disclaim proceeds, or to fund a ByPass or Credit Shelter Trust, or fund a QTIP Trust, or a special needs trust, all potentially resulting in a huge tax savings.
All too often, we are presented with a trust an individual has passed and we are asked by the family as to what they should do. We tell them they should have seen us months or even years ago. Oftentimes it is too late to take advantage of the tax savings provisions in the trust and IRS and Massachusetts Department of Revenue deadlines are missed.