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Fegreus & Broderick

Fegreus & Broderick

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Author: Michael Broderick

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Earlier Posts
Later Posts

Avoid the DIY Estate Plan

The cautionary tale of Roth v. Newpol

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Estate Taxes: The Marital Deduction

The Basics of Transfers Between Spouses

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A Mother’s Power of Appointment

What your mother giveth your mother may taketh away. 

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Testamentary Capacity

A primer on the mental status required to execute a Will and how to prepare to avoid a Will contest. 

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Special Needs Trust Update

The Importance of "the Individual."

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Massachusetts Power of Attorney

Not Powerless

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Recent MassHealth Planning Cases

Two recent cases illustrate how assets held in an irrevocable trust may render an applicant ineligible for MassHealth

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Prince Apparently Left No Will or Plan

The Consequences and Next Steps for the Iconic Artist's Estate

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Probate v. Non-Probate Assets and Probate Avoidance

What do we mean when we talk about the "estate"?

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Digital Asset Planning

Protecting your online identity and legacy.

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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

An estate plan is only as strong as the foresight An estate plan is only as strong as the foresight behind it.

Attorneys with litigation experience are often better equipped to identify potential issues, spot red flags, and anticipate disputes before they arise. Without that perspective, important details can be overlooked.

Fegreus & Broderick, LLP combines planning and litigation insight to help ensure estate plans are thorough, resilient, and prepared for the unexpected.
Jointly held property, including financial account Jointly held property, including financial accounts, are classic non-probate assets which transfer to a surviving joint tenant by law and therefore avoid probate. Except when they don’t. 

As the Appeals Court confirmed in a recent decision, accounts held jointly “for convenience only” are, in fact, part of the probate estate and not a transfer to the surviving joint owner. “For convenience only” would be, for instance, where an elderly account holder authorizes a child to be a joint owner for the purpose of aiding in paying monthly bills, etc. 

However, the burden of proof is upon the P.R. of the deceased account owner’s estate to show that the joint ownership was intended for convenience only, thereby bringing the account into the probate estate.
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