When an estate plan breaks down after someone dies, the options are limited but not nonexistent. In Massachusetts, you may be able to address certain issues through probate proceedings, trust administration actions, or by resolving disputes among beneficiaries. What can be corrected depends on the documents in place and the nature of...
Estate Planning Blog – Surprenant, Beneski & Nunes
Don’t Let Your Home Become Their Headache: Why Boomers Need to About Talk Estate Planning with Millennials
Erin L. Nunes, Esq., Managing Partner at Surprenant, Beneski & Nunes, P.C.
As a managing partner of a Massachusetts-based estate planning and elder law firm, I often see firsthand the profound impact—both positive and challenging—that inheritances can have on families. The impending "Great Boomer Bequeathment," where trillions of dollars...
How Long Does Estate Administration Usually Take?
Estate administration in Massachusetts typically takes 12 to 16 months, although simpler estates may be completed sooner, and more complex matters can take several years. The timeline depends on the type of probate, the assets involved, and whether any disputes or complications arise.
When you are responsible for settling...
When an Executor Is Overwhelmed: Options for Getting Help
Serving as an executor, known as a personal representative in Massachusetts, can feel like a full-time responsibility when you are handling paperwork, deadlines, and family expectations. If you are struggling to keep up, you do not have to manage everything alone. Massachusetts law allows personal representatives to delegate tasks and get help...
How Financial & Estate Planners Work Together to Guide You
Financial planners and estate planners perform different, but complementary, roles. Financial planners assist you in managing wealth during your lifetime. They help assess financial health and goals, review investment strategies, and help make decisions to promote future financial freedom. Retirement and portfolio planning exemplify valuable services provided by financial planners. During times...
Understanding Your Digital Legacy
By Michelle Cox - Guest Author
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We often think about organizing physical documents, like wills, insurance policies, and financial accounts. But today, much of our lives exist online, from email accounts and banking portals to subscriptions, photos, and social media profiles. Over time, these accounts accumulate and hold...
What to Do When Siblings Disagree About End-of-Life Decisions
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...
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...