Massachusetts Wills, Trusts & Estate Planning Lawyers
What Is a Living Will?
Lynch & Owens’s estate planning attorney, Ronald F. Driscoll is a specialist in this practice area. He has been assisting Massachusetts residents with their wills, trust and estate planning needs for almost 20 years. He focuses on providing representation for all types of clients, from the young family just starting out to retirees who want their grandchildren to benefit from their success. After the initial consultation to determine the comprehensive nature of the estate, Attorney Driscoll determines the proper level of estate planning that is necessary to provide complete satisfaction to the client.
What Does a Will Include in Massachusetts?
A Simple or Basic Estate Planning includes the creation of some or all of the following legal documents:
- Durable Power of Attorney allows the creator to appoint another person to stand in place of the creator. It is a very powerful and far-reaching document and the creator should only appoint a very trustworthy individual. This document is designed to withstand the incapacity of the creator.
- Health Care Proxy appoints another person as an agent to make decisions regarding the health care of the creator when the creator can no longer make those decisions for himself. This is especially important when the decision involves the continuation of life-preserving medical procedures. The more recent proxies also include the ability for the appointed health care agent to access the creator’s medical records.
- Declaration of Homestead tells the world that the client owns and resides at his place of principal residence and is claiming the full protection allowed under M.G.L. C. 188. This protection essentially shields the home from a judgment induced sale.
- Last Will and Testament controls the distribution of the assets of the creator once deceased. The document usually names the executor, the guardians for minors if necessary, grants powers to the executor to effectively operate the estate of the deceased and waive surety on bonds. Our Massachusetts estate planning lawyer can increase the level of sophistication if the circumstances so dictate by creating these additional documents.
- Last Will and Testament with a Testamentary Trust provides greater control of the assets and protects the heirs of the deceased from their creditors.
- Revocable or Irrevocable Trusts can be used, depending upon the particular circumstances of the client, to maximize the amount of the estate available for future distribution to the spouse, children, and future generations and to minimize the burden of estate taxes, especially on the surviving spouse. Additionally, if there are special needs to address or disability benefits to protect, a trust can be created to achieve them.
- Asset Transfers and Protection can be used to help clients more effectively pass their assets on to their families both during their lives and, if necessary, posthumously as well.
We Offer Flat Fees for our Wills & Estates Services
Attorney Driscoll can provide representation for the personal representative to shepherd the assets of the deceased loved one through the complex Massachusetts probate process to ensure that the last wishes of the loved one are carried out in compliance with his or her estate planning wishes. See All Flat Fee Services.
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