Skip to content
  • Email
  • Facebook
  • Instagram
  • Linked In
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

Tag: Creditors Claims

Post Categories

All Categories
Probate and Estates
(11)
Uncategorized
(20)

Post Topic Tags

Clear Tag Filter
Estate Administration
(6)
Personal Representatives
(5)
Informal Probate
(3)
Formal Probate
(3)
Drafting a Will
(2)
Retrieving Results...

Creditors and the Massachusetts Uniform Probate Code

How Creditors Can Protect Their Rights Under The MUPC

Read More
  • Home
  • The Firm
  • Services
    • Estate Planning
    • Probate and Administration of Estates
    • Trustee Services
    • Trust, Estate, and Real Estate Litigation
    • Real Estate Conveyancing
  • Insights
  • Notice Regarding Attorney Advertising

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.
Follow on Instagram
Copyright © 2025 - Fegreus & Broderick, LLP | Attorney Advertising
Site designed by Two Row Studio
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.