When siblings disagree about end-of-life decisions, the first step is to identify who has legal authority to act and whether your parent left clear written instructions. In Massachusetts, medical decision-making typically follows the terms of a Health Care Proxy or other advance directive, not a family vote. When you are facing tension...
Estate Planning Blog – Surprenant, Beneski & Nunes
When You Should Involve an Attorney Before an Estate Conflict Escalates
You should involve an estate planning or probate attorney as soon as you notice tension over a will, trust, or inheritance, especially if communication is breaking down or legal duties are being questioned. Early legal guidance can prevent misunderstandings from turning into formal disputes in Massachusetts Probate and Family Court.
What to Do When a Personal Representative Fails to Follow the Will
If a personal representative is not following the terms of a will in Massachusetts, you can petition the Probate and Family Court to enforce the will, require an accounting, or seek removal of the representative. The court has the authority to compel compliance and protect beneficiaries when an estate is not being...
What Happens When an Estate Cannot Pay All Its Debts
When an estate in Massachusetts cannot pay all of its debts, the estate is considered insolvent. In that situation, the personal representative must follow a strict legal order for paying creditors, and some debts may go unpaid. Beneficiaries usually do not receive inheritances until valid claims and expenses are addressed, and in...
Don’t Let Your Dream Home Become a Nightmare: Understanding Life Estate Deeds
By Dan Surprenant, Esq., CELA, Managing Partner
Life Estate Deeds sound simple: You get to live in your house for life, and it passes directly to your children after you're gone. They avoid probate and can even protect your home from nursing home costs. Sounds perfect, right? Not so...
AI and The New Era of Document Preparation: Why a Human Estate Planner is Irreplaceable
Attorney Erin L. Nunes, Esq. Partner
The world of law, like many other industries, is changing fast. With the rise of Artificial Intelligence (AI) tools, you can now generate all sorts of documents with a few simple prompts. The temptation to handle your own estate plan using a DIY AI service...
What to Do When You Inherit Property With Siblings
Inheriting property with siblings often brings both practical and emotional questions to the surface. Decisions about whether to keep, sell, or divide the property can affect finances, taxes, and family relationships, and no single sibling can act alone. Because every major choice requires agreement or a legal process to resolve a deadlock,...
Planning for Early-Onset Alzheimer’s or Dementia
An early-onset Alzheimer’s or dementia diagnosis often brings immediate legal and financial concerns, particularly for people who are still working, parenting, or supporting others. Early planning gives you the opportunity to put decision-making authority in place while you still have legal capacity and to safeguard income, benefits, and long-term care options as...
Why Adult Children and Parents Should Attend This Program—Together
By Erin L. Nunes, Managing Partner, Surprenant, Beneski & Nunes, P.C.
Every week, our office meets families who wish they had started planning sooner—or had a clearer understanding of the changes unfolding around them. Legal rules are shifting. Healthcare systems are under strain. Longterm care costs are rising. And adult children...
How to Handle Unequal Inheritances Among Children
You can leave unequal inheritances to your children as long as your estate plan clearly reflects your intent and complies with Massachusetts law. The focus should be on making sure your wishes are legally enforceable and structured in a way that reduces the risk of disputes later. Families are rarely identical, and...