Boston Estate Lawyer, Massachusetts, page 6

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James L. Rudolph

Construction, Estate Planning, Family Law, Corporate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  49 Years

Michael Eby

Corporate, Construction, Estate Planning, Litigation, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  51 Years

James L. Smithson

Tax, Wills & Probate, Trusts, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  53 Years

Stuart J. Frank

Landlord-Tenant, Litigation, Estate Planning, Family Law, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  39 Years

Richard E Levin

Estate Administration, Estate Planning, Corporate, Business Organization
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  58 Years

Adam Dash

Construction, Wills & Probate, Family Law, Corporate, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  34 Years

Steven E. Gurdin

Farms, Estate Planning, Family Law, Child Support
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  30 Years

Bryan S. MacCormack

Real Estate, Wills & Probate, Elder Law, Corporate, International Tax
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  30 Years

Nelson Chang

Tax, Real Estate, Wills & Probate, Estate Planning, Education
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  49 Years

Jonathon D. Friedmann

Real Estate, Estate Planning, Family Law, Corporate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  42 Years

Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

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.'

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

NET ESTATE

The value of all property owned at death less liabilities or debts.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

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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