When a loved one passes away, their will must go through probate before their assets can be distributed. This legal process ensures that the will is valid and that the right person is in charge of handling the estate. Massachusetts has specific rules for filing a will, including deadlines and required paperwork....
Overwhelmed by Estate Planning? Start Here!
By Attorney Erin L. Nunes, Esq., Partner
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One of the most common reasons people delay estate planning is the sheer volume of decisions it seems to require. The good news? You don't need to have all the answers upfront.
Instead of feeling paralyzed by the...
What Is a Pour-Over-Will and When Is it Useful?
A pour-over will acts as a safety net in estate planning. It ensures that any assets not included in your trust during your lifetime are transferred into it after your passing. This tool seamlessly complements a living trust by capturing any missed assets and directing them to their intended destinations. This method...
Is a Trust Better Than a Will?
Have you ever wondered whether a trust or a Will is better for your estate planning needs? Many people face this dilemma when considering how to protect their assets and ensure their wishes are honored. Each option has its unique benefits and drawbacks, and choosing the right one can significantly impact how...
Transferring Your Home to a Beneficiary Prior to Death vs. Leaving It in Your Will
Deciding how to pass your home to your beneficiary is a significant and personal decision. You can either transfer ownership while you're still alive or leave it to them in your will. Each option comes with its own set of benefits and challenges, from tax implications to maintaining control over the property....
The Dangers of Having No Will or Trust in Place and Losing Capacity Before Death
Considering the undeniable fact of our mortality, it is surprising how many people delay or overlook the importance of estate planning, including the drafting of wills and trusts. At Surprenant & Beneski, P.C., we know that the risks of dying without a will (intestate) or without a trust, compounded by...
Will and Trust Contests: How To Prevent Challenges From Unhappy Beneficiaries
Even if you have the purest intentions of providing for your loved ones when you pass and foresee a smooth transfer of assets, you should be aware that one disgruntled beneficiary who challenges your will or trust can destabilize the family. At Surprenant & Beneski, P.C., our estate planning attorneys...
Creating an Estate Plan: How to Protect Your Wealth and Prevent Hardship for Your Heirs
Written By: Attorney Erin L. Nunes, Partner
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Estate planning is the process of making arrangements for your assets when, and if, you become incapacitated, and after your death. It can help you ensure that your assets are distributed according to your wishes, minimize estate taxes, protect your loved...
What Happens When Co-Trustees on a Trust Disagree?
Being a trustee is a serious responsibility. While having a co-trustee can mean having the skills and support of another individual as you complete the necessary tasks, when disagreements arise, being a trustee can become more challenging. If you are considering having co-trustees or are a co-trustee who wants to understand...
What You Can Do to Avoid Trust Disputes
Although creating trusts serves many important purposes in estate planning, the trusts themselves can sometimes lead to disputes among inheriting relatives. At Surprenant & Beneski, P.C., our highly capable trust attorneys have been helping clients throughout Southeastern Massachusetts and Cape Cod successfully avoid trust disputes for decades. Since no one wants...