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...
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...
Taking Money from an Irrevocable Trust Without Affecting the Medicaid Look-Back Period
Erin L. Nunes, Esq., Managing Partner
For many individuals and families, an Irrevocable Trust (IRT) is a crucial component of a comprehensive elder law plan, particularly for protecting assets while planning for potential long-term care needs and Medicaid eligibility. A common concern, however, is how to access funds from...
Your Checklist: Your Last Will and Testament
Making a will might seem like a daunting task, but we promise it's more straightforward than you think. The first step is often the hardest—deciding to get started. The second step is simply gathering some information.
To help you feel prepared and confident for your initial consultation, we've put...
Alternatives to Wills and Trusts
When most people think about estate planning, they picture a will or a trust. But those aren’t your only options. Depending on your situation, there may be other ways to transfer your assets that are simpler, faster, and just as effective. These tools can help you avoid probate and give you more...
How to File a Will in Massachusetts
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....