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It is important for small business owners just as much as it is for individuals to plan for what happens to their assets when they die or become incapacitated. Estate planning for small business owners can be doubly challenging because there is often an overlap...
When someone becomes incapable of looking after their health and other aspects of their own life, such as their estate and finances, the Massachusetts Probate and Family court may appoint a responsible person or persons to look after their needs. This typically may...
What is meant by probate in Massachusetts? Probate is the legal process that takes place after someone dies in which that person’s assets are paid out to beneficiaries according to the deceased person’s will or through intestacy rules if there is no will. Debts and...
The older most people are, the more likely they are to be wealthier than when they were young. Owning more wealth has its own problems, one of which is the worry about what to do with any wealth when you pass away. A real estate attorney can help you to prepare an...
By declaring your home as a homestead in Massachusetts, you can protect the equity in your home from some creditors if they try to force a sale of your home in an attempt to settle a debt. Filing a declaration of homestead is relatively easy, but you should know what...
Estate planning in Massachusetts requires knowledge and precision – and this means that knowing what to do is equally important as knowing what NOT to do. The law heavily regulates the subjects of Wills and estate administration. Since the goal of making a Will is to...
There is only one thing more important than making a Will in Massachusetts - it is making a valid Will. There are different sets of legal requirements for a Will to be valid in Massachusetts and they include: Capacity (such as age, soundness of mind, the appointment...
Why you should plan your estate? A surprising number of people don’t bother planning what to do about the assets they own when they pass away. Not leaving a will or other means of determining how your assets should be distributed may not concern you if you have...
What is a “seal?” Seals have been around for hundreds of years, but their purpose has changed a lot during that time. The term “under seal” for instance, has little in common with the main reason for using a physical seal in the past. But what actually is a seal? The...
Did you know that 68% of Americans don't have a will? Estate planning and wills shouldn't be left until the last minute. A will gives your family guidance on how to divide your estate. If you die without a will, the court and the laws of your state determine how your...
Probate is the legal process that a deceased person's estate must go through to pass the decedent's probatable assets on to their descendants or, preferably, their named beneficiaries. Probate can be time-consuming and expensive and can significantly delay...
Like everyone else, you have probably heard the term "common law marriage," at one point or another. But, what does it actually mean? First, let's deal with the myths: Everyone thinks that if you live together for a certain amount of time, you automatically become...
You and your spouse have decided to go your separate ways. You've told your family and friends, hired an experienced Massachusetts divorce attorney and, last but not least, you have made it official on Facebook. At first, it seems simple - you both want different...
Probate, which is the legal process for distributing the deceased’s property after his or her death, has a reputation in Massachusetts for its long duration. But is this always the case? If not, then how long does it take to probate a will in the state of...
Losing a loved is a traumatizing and life-changing event. Not only should you deal with unbearable grief and sadness, but also handle the legal aspects pertaining to transferring property and ownership after the death of your loved one (unless you are represented by a...
On behalf of Law Offices of Richard Mucci posted in Estate Planning and Probate on Friday, March 25, 2016. Failing to properly identify beneficiaries in accounts, trusts, or other estate documents can mean that your wishes will not be carried out. While a court may...
On behalf of Law Offices of Richard Mucci posted in Estate Planning and Probate on Monday, June 1, 2015.The Appeals Court of Massachusetts recently addressed the issue of testamentary capacity. In In the Matter of the Estate of Fred S. Rosen, a will contestant...