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Later Posts

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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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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Attorney-Client Privilege & Estates

What Can the Drafting Attorney Reveal?

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Insolvent Estates

When the estate's assets are insufficient to pay debts

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Who Gets the Real Estate Sale Proceeds?

Distribution of sale proceeds by a Personal Representative

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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

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.
Can a Living Trust avoid probate? The short answe Can a Living Trust avoid probate?

The short answer: yes and no. A Living Trust only covers the assets that have actually been transferred into it. 

While it’s possible for someone to place all their assets into a trust during their lifetime, this is rarely done in practice. Most people transfer their biggest assets, like a home or bank accounts, while other property, including personal belongings, may be left out or overlooked.

Probate is therefore necessary to distribute that remaining property. Accordingly, a comprehensive estate plan which makes use of a Living Trust should include a “Pour-Over” Will, which transfers all remaining assets into the trust upon the grantor’s death.
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