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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

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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

We often think of Wills as set-in-stone documents, We often think of Wills as set-in-stone documents, but even a properly executed Will can be challenged if someone questions whether the person who made it (the testator) had “testamentary capacity.” 

Testamentary capacity is a legal concept that means the testator understood the nature and extent of their property, recognized who might have a claim to it, and comprehended the consequences of their decisions, all without being influenced by delusions or impairments.

For example, a Will might leave everything to one child, but if another child believes the testator wasn’t fully aware when signing, they could challenge it. These cases can get complicated quickly, because proving someone’s state of mind at a specific moment in the past isn't so simple.

An experienced estate attorney can take precautions like documenting the signing process, carefully selecting witnesses, including physician evaluations, and using no-contest clauses. 

Thoughtful planning can help ensure a Will reflects the testator’s true intentions and reduce the likelihood of costly disputes among heirs.
Do you have a Health Care Proxy in place? 📝🩺 Do you have a Health Care Proxy in place? 📝🩺

In Massachusetts, this important estate planning document lets you name a trusted adult to make medical and health care decisions for you if you’re ever unable to communicate your wishes. Along with a Durable Power of Attorney, it’s a key part of protecting both your well-being and your estate.

Without a Health Care Proxy, doctors may turn to your spouse or adult children to make decisions on your behalf. While that can work, disagreements can arise quickly if your wishes aren’t clearly known. 

If no close family is available, or if family members cannot agree, the Probate and Family Court may need to appoint a legal guardian, which can be a time-consuming and costly process.

Having a Health Care Proxy ensures your voice is heard and your care aligns with your values, even if you can’t speak for yourself.
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