Waltham Estate Planning Lawyer, Massachusetts

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Includes: Gift Taxation

Susana Lannik

Estate Planning, Wills & Probate, Elder Law, Trusts
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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David M. Lipshutz

Real Estate, Estate Planning, Family Law, Business Organization
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Sherman H. Starr

Real Estate, Estate Planning, Family Law, Business Organization
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Karen G. Castaneda

Child Support, Farms, Divorce, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Francis T. Reynolds

Business Organization, Wills & Probate, Corporate, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Christine N. Fletcher

Wills & Probate, Corporate, Elder Law, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Albert S. Robinson

Real Estate, Government, Wills & Probate, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Devorah Anne Borenstein

Estate Planning, Family Law, Litigation, Wills & Probate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Jeffrey P Allen

Corporate, Estate Planning, Family Law, Land Use & Zoning
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Hon. Isaac Borenstein

Arbitration, Criminal, Estate Planning, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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

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LEGAL TERMS

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

FUNDING A TRUST

Transferring ownership of property to a trust.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

MARITAL LIFE ESTATE TRUST

See AB trust.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

SAMPLE LEGAL CASES

Dwyer v. Dwyer

... trust. She alleges that, because of drafting errors, the trust as written fails to give effect to one of the donor's principal estate planning goals, that is, to transfer his property to his family while minimizing adverse tax consequences. ...

Shultz v. Shultz

... Hanna and Lucas are the minor children of Arnon. Jean and Samson retained attorney Judah Rubin to implement an estate plan that would achieve their estate planning goals, one of which was the minimization of Federal and State estate taxes. ...

Germain v. Girard

... the lawsuit. Alan conducted all communications with Bowditch & Dewey concerning George's estate plan, initially with Fenton and later with Attorney Maryjo Hart (who prepared the estate planning documents). On November ...

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