- GuardianshipA guardianship is a legal process in which the Probate Court appoints someone to make medical decisions for an incapacitated person. If the incapacitated person is taking antipsychotic medication, a special type of guardianship is required in Massachusetts called a “Rogers” guardianship. Our attorneys have years of experience guiding clients through the court system to successfully obtain a guardianship. After appointment, we can help clients file the annual required paperwork.
- Land Use and Zoning
- Medicaid PlanningGenerally a written document under which one or more individuals agree to hold the trust property for the benefit of the beneficiaries of the trust. The trustee is charged with a duty of utmost good faith and fair dealing. You can be your own trustee and the beneficiary of a trust as long as there are other beneficiaries after your death. Trusts can be used to manage assets for those who cannot due to age or mental incapacity. Certain trusts minimize estate taxes, and certain trusts are used in Medicaid planning. Trusts can take effect while you are alive or at after your death.
- Estate PlanningA Will is a written document that determines who will inherit your estate when you die and names the person who will administer your estate (the “Personal Representative”). A Will only controls assets which are in your individual name when you die. Assets which are jointly owned, name a beneficiary, or are in the name of a Trust do not pass under the terms of your Will. See also Estate Planning.
- WillsProbate Administration is the process of petitioning the Probate Court to name a Personal Representative (formerly called an Executor) and to authenticate the Last Will and Testament of the deceased person. If the deceased had no Will, the Court will still appoint a Personal Representative to distribute the estate according to the laws of the Commonwealth. We can guide your beneficiaries through the process of probate. We have a dedicated paralegal, Julie Weeks, who assists with preparing, processing, and filing all the necessary paperwork through the Probate Court as quickly and efficiently as possible.
- TrustsTrust Administration includes properly funding and managing a Trust during your lifetime and the administration of the Trust after your death or the death of a loved one. Often Trust Administration includes tax advice and the preparation of tax returns along with advice concerning when and how to distribute the assets held by the Trust. In some situations, our attorneys are able to serve as a trustee or successor trustee for our clients.
- Power of AttorneyA written document in which you appoint another person, called the “Attorney In Fact”, to handle your financial affairs, such as writing checks, selling property, and other tasks, if you cannot do so due to physical or mental incapacity. If you do not have a durable power of attorney and certain actions need to be taken on your behalf, then a conservator must be appointed by the Probate Court to act for you.
- Probate
- Tax LawAll three attorneys are members of the National Academy of Elder Law Attorneys, and one has a LLM in tax law. We have extensive experience with Probate Courts, MassHealth, Massachusetts Department of Revenue, and the IRS to help us manage all of the issues that our clients bring to us as efficiently as possible.