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Fegreus & Broderick

Fegreus & Broderick

  • Services
    • Estate Planning
    • Probate and Estate Admin
    • Trustee Services
    • Litigation
    • Real Estate
  • The Firm
    • Michael Broderick
    • Edward Fegreus
    • Barry Gordon
    • Tatiana Barsukova
  • Contact Us
  • Career Opportunity
  • Services
    • Estate Planning
    • Probate and Estate Admin
    • Trustee Services
    • Litigation
    • Real Estate
  • The Firm
    • Michael Broderick
    • Edward Fegreus
    • Barry Gordon
    • Tatiana Barsukova
  • Contact Us
  • Career Opportunity

Estate Planning

There is more to an estate plan than simply drafting a Will. We engage with our clients to learn about their overall financial life, their concerns, and their goals for the future to accomplish various objectives, from protecting minor children and avoiding probate to minimizing estate tax liability and navigating the expectations of blended families. We carefully review all of our clients’ assets to ensure coordination with their legal documents, often working with our clients’ financial, accounting and business advisors to ensure follow-through and consideration of all aspects of any updates in ownership or giving.

Our Services

Estate Planning

There is more to an estate plan than just a Will. Read more about our comprehensive approach here.

More About Estate Planning

Probate and Administration of Estates

Serving as Personal Representative of an estate can be tricky. Read more about how we guide our clients through an estate from start to finish here.

More About Estate Administration

Our Services

Trustee Services

Trusts come in all shapes and sizes, and serving as a Trustee is always unique to a particular trust. Read more about how we assist Trustees here.

More About Trustee Services

Trust, Estate and Real Estate Litigation

Disputes can be difficult. Whether clients are looking for creative solutions to save on litigation costs or are determined to go to trial, we can help.

More About Litigation

Real Estate Conveyancing

We offer conveyancing (purchase and sale) services to existing clients and referral partners. Read more here.

More About Conveyancing

Trustee Services

Trusts come in all shapes and sizes, and serving as a Trustee is always unique to a particular trust. Read more about how we assist Trustees here.

More About Trustee Services

Trust, Estate and Real Estate Litigation

Disputes can be difficult. Whether clients are looking for creative solutions to save on litigation costs or are determined to go to trial, we can help.

More About Litigation

Real Estate Conveyancing

We offer conveyancing (purchase and sale) services to existing clients and referral partners. Read more here.

More About Conveyance
  • Home
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    • Estate Planning
    • Probate and Administration of Estates
    • Trustee Services
    • Trust, Estate, and Real Estate Litigation
    • Real Estate Conveyancing
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Fegreus & Broderick, LLP

21 Custom House Street, Suite 480
Boston, Massachusetts 02110
t: (617) 737-9100 | f: (617) 737-9123
info@fegreuslaw.com

Wondering if you can sell a house out of an estate Wondering if you can sell a house out of an estate? 🏡 Here’s a quick rundown.

A well-prepared estate plan makes selling a property much easier for the Personal Representative (P.R.). If the Will clearly gives the P.R. the “power of sale,” they can list and sell the home without needing court approval or permission from heirs, as long as the sale is in the estate’s best interest (i.e., no sweet-heart deals to friends and insiders).

If the “power of sale” isn't included in the Will, the P.R. has to go through the court, which can add extra time and expense.

If the property is held in a Trust, the Trustee usually has the same ability to sell without court involvement, provided the sale is in the best interest of beneficiaries. 

In either situation, the P.R. or Trustee works with real estate professionals just like any other seller, while the lawyers handle any legal documentation necessary to transfer the title smoothly.
Is a health care proxy the same as a “living wil Is a health care proxy the same as a “living will”?

No. These two documents serve different purposes. A living will provides advance instructions regarding one's medical treatment (particularly end-of-life care) that are to be followed by health care providers. Because the instructions are fixed, there is no need for an agent to act on the individual’s behalf.

A health care proxy (HCP), by contrast, appoints a representative – the health care agent – to make decisions as circumstances arise. This makes the HCP far more flexible than a living will.

It's also important to note that Massachusetts law does not recognize living wills as enforceable. However, an HCP should include “living will” provisions that give non-binding guidance to the agent regarding end-of-life decisions. For this reason, selecting an agent who will respect and carry out your wishes is essential.
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