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Joseph Botelho
About | Practice Areas
Botelho Law Group
901 Eastern Ave Suite 2 Fall River, MA 02723» view map
Estate Law
Fall River Lawyers

At the Botelho Law Group we have several attorneys, with different specializations; to help your case’s individual needs.

800-229-5331
1. Joseph Botelho Fall River, MA
  Attorney at Law- MA, 2000
  University of Massachusetts School of Law, J.D. 2000
2. AboutBotelho Law Group
  Fall River Lawyers
3. Practice AreasExpertise
  Bankruptcy & Debt Law
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Joseph Francisco Botelho

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Bankruptcy & Debt, Immigration, Criminal, Estate, Divorce & Family Law

At the Botelho Law Group we have different attorneys, with different specializations; to help your case is individual needs. When choosing a lawyer or... (more)

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CONTACT

800-494-0260

901 Eastern Ave, Fall River, MA 02723

Michelle Diane Beneski

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Estate, Elder Law, Nursing Home, Power of Attorney

Michelle is a compassionate professional who provides peace of mind to her clients. She is a Certified Elder Law Attorney by the National Elder Law Fo... (more)

CONTACT

800-939-2671

35 Arnold Street, New Bedford, MA 02740

James A. Donnelly

Wills & Probate, Estate Planning, Family Law, Child Support

Status: In Good Standing

CONTACT

275 Martine Street, Fall River, MA 02723

Brenda L. Panaggio

Wills & Probate, Family Law, Child Support, Elder Law

Status: In Good Standing

CONTACT

2 Fallows Lane, Dartmouth, MA 02747

Kathleen Horan McLean

Family Law, Accident & Injury, Bankruptcy & Debt, Estate

Status: In Good Standing

FREE CONSULTATION

CONTACT

17 Orchard Street, New Bedford, MA 02740

Daniel M. Surprenant

Estate, Estate Planning, Medicare & Medicaid, Power of Attorney

Status: In Good Standing Licensed: 28 Years

CONTACT

35 Arnold Street, New Bedford, MA 02740

Sonia M. Gunner

Personal Injury, Family Law, Criminal, Wills & Probate

Status: In Good Standing

CONTACT

462 Spring St, Fall River, MA 02722

James J. O'Rourke

Estate, Lawsuit & Dispute, Real Estate

Status: In Good Standing Licensed: 47 Years

CONTACT

209 Bedford Street, Fall River, MA 02720

Robert K. Harrington

Accident & Injury, Divorce & Family Law, Estate, Lawsuit & Dispute

Status: In Good Standing

CONTACT

267 Durfee Street, Fall River, MA 02720

Michael P. Costa

Personal Injury, DUI-DWI, Divorce, Estate Planning

Status: In Good Standing

CONTACT

1010 G.A.R. Highway, Swansea, MA 02777

800-923-0641

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LEGAL TERMS

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

SAMPLE LEGAL CASES

IN THE MATTER OF THE ESTATE OF BEAUREGARD

Discussion. When a will is traced to the testator's possession or to where he had ready access to it and the original cannot be located after his death, there are three plausible explanations for the will's absence: (1) the testator destroyed it with the intent to revoke it; (2) the will ...

Equity One, Inc. v. Estate of Williams

72 Mass. App. Ct. 1108 (2008). EQUITY ONE, INC. v. ESTATE OF ALFRED WILLIAMS & others. No. 07-P-493. Appeals Court of Massachusetts. July 16, 2008. Decision Pursuant to Rule 1:28. Judgment reversed.

REAL ESTATE BAR ASSOCIATION FOR MASSACHUSETTS, INC. v. National Real Estate Information Services

William P. O'Donnell, Anthony J. Vigliotti, Robert F. Kelley, John R. Buckley, Jr., F. Sydney Smithers, IV, & Andrea F. Nuciforo, Jr., for Register of Deeds for Berkshire County & others. ... Matthew J. Maiona for the New England Chapter of the American Immigration Lawyers ...

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Westport Estate Lawyer, Massachusetts

Sponsored Law Firm

Botelho Law Group

SPONSORED LAWYERS

Joseph Francisco Botelho

Michelle Diane Beneski

James A. Donnelly

Brenda L. Panaggio

Kathleen Horan McLean

Daniel M. Surprenant

Sonia M. Gunner

James J. O'Rourke

Robert K. Harrington

Michael P. Costa

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LEGAL TERMS

GROSS ESTATE

PROVING A WILL

SELF-PROVING WILL

SPRINKLING TRUST

ALTERNATE BENEFICIARY

INTER VIVOS TRUST

LIVING TRUST

DISTRIBUTEE

ACCUMULATION TRUST

SAMPLE LEGAL CASES

IN THE MATTER OF THE ESTATE OF BEAUREGARD

Equity One, Inc. v. Estate of Williams

REAL ESTATE BAR ASSOCIATION FOR MASSACHUSETTS, INC. v. National Real Estate Information Services

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