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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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