Wills/Probate

We draft Wills, Trusts, Massachusetts Healthcare Proxies, Living Wills, and Powers of Attorney for our clients depending upon their  specific needs. We also practice in the areas of Probate and the Administration of Estates. Probate is the legal process by which a person's debts are paid and assets are distributed upon her or his death by the "estate." Massachusetts laws direct the probate court how to distribute the decedent's estate. The laws and procedures can be complicated, so it is important to consult a firm with expertise in this area of the law to ensure that the deceased's assets are distributed correctly and the wishes of the decedent are complied with.

Why should I stop putting off executing a Will, Healthcare Proxy, Living Will, or Power of Attorney? 

If you are over thirty years old and you do not have a will, trust, healthcare proxy, power of attorney, or living will yet, it's time to stop procrastinating. You probably own a house. You may have several children or grandchildren. You may have life insurance, health insurance, and some money stored away for retirement. Undoubtedly, you have worked hard for everything that you have. So doesn't it makes sense to ensure that, if anything were to happen to you, your assets and affairs would be taken care of pursuant to your wishes?

Imagine you become ill or are seriously injured. Imagine you are so ill that you rely on a respirator and are fed intravenously for years. While you are ill, your assets are used to help pay for health care you never wanted. Any additional assets you own are untouched. Your investments are not watched and your taxes are not paid. Your minor children are given a court appointed guardian you have never met.

What if you die before you get around to preparing your will? You wanted to be an organ donor, but you never told anyone. You wanted to be cremated and have your ashes scattered at sea, but no one knows. You assumed your children would be taken care of with the money from your insurance policy but much of that money is eaten up by estate taxes. You wanted to provide for your sister who is struggling financially and you wanted your wedding ring to go to your daughter. Instead, your sister inherits nothing and your ring is sold at an estate sale and the profits are divided between your children.

No one likes to contemplate death or the possibility of years of illness or disability. The thoughtful creation of estate planning documents while you can effectively express your desires regarding the distribution of assets, care of minor children, and health care wishes is the best way to control your future. It is important to draft these documents with the assistance of a knowledgeable attorney. These documents provide you control over end-of-life situations and determine how and to whom your assets will pass.

In short, these documents will give you the piece of mind of knowing that everything will be taken care of (the way you want them to) if anything should happen to you.

If you wish to consult with one of our experienced attorneys to determine which estate planning documents are recommended for your particular situation, please contact us at (508) 384-2008 or email us at dwood@woodgresham.com and we would be happy to speak with you. There is no cost and no obligation for this initial consultation.

What are wills and Trusts?

A will is a written document which sets forth how an individual wants his/her property disposed of at death. A trust is a legal arrangement that allows one person to hold a legal interest or right for the benefit of another person. Wills, trusts and other estate planning documents are generally known in the law as estate planning instruments.

Wills and trusts, etc. are not just for the wealthy. These documents are important for anyone who wants to look after themselves, their children, and their property. Many different kinds of wills and trusts are available. An experienced wills and trusts attorney can help you create the specific combination of estate planning documents that are best for you and your family. The actual wills and trust instruments you choose will depend upon the specific circumstances of your unique life situation. For example, if you have minor children, you may want a will with a trust provision that appoints someone to act as "trustee" and or "guardian" over your minor children until they are old enough and responsible enough to manage their inheritance on their own.

What Wills Do?

A written will is the cornerstone of most estate plans. A written will, prepared by an experienced attorney, allows you to:

Select the person responsible for carrying out the wishes you set forth in the will (This individual is known as the executor);

•  Direct the payment of debts and taxes;
•  Make specific bequests or gifts of tangible property like family heirlooms or sentimental items;
•  Determine who receives the remainder (residue) of your other property;
•  Select a "trustee" and/or a "guardian" for your minor children and their property;
•  Specify your preferred burial arrangements; etc.

What Trusts Do?

A trust is a legal property interest held by one person for the benefit of another. The person who holds the legal property interest is called the "trustee". The person for whom the property is being held is called the "beneficiary". The person establishing the trust is called the grantor. A trust can be revocable or irrevocable. Revocable trusts may be changed or terminated by the grantor at any time and for any reason. An irrevocable trust, once established, cannot be terminated or altered for any reason. A trust designed to go into effect upon your death is called a testamentary trust. However, experienced estate planning attorneys often use living trusts, createdwhile you are still alive, as a way to avoid probate and its associated costs.

What is a Power of Attorney?

A power of attorney gives someone you trust the ability to make decisions for you, when you are disabled. That person does not have to be an attorney although he/she will be known as your "attorney in fact." For example, you may wish to transfer money from one account to another but you are incapacitated. A power of attorney allows the person you named in the power of attorney to exercise that power to transfer funds for you without seeking court approval.

What is a Health Care Proxy and a Living Will?

A healthcare proxy allows you to select someone to make decisions regarding your medical care for all situations should you become incapacitated. Often times we will also draft a living will for the client to dovetail the healthcare proxy. A living will is a narrower form of a health care directive, generally limited to situations in which death is imminent. Massachusetts recognizes a patient's right to make fundamental choices about the care and treatment he/she receives at or near the end of life. Health care providers must generally honor the terms of living wills and advanced medical directives.

If you wish to consult with one of our experienced attorneys to determine which estate planning documents are recommended for your particular situation, please contact us at (508) 384-2008 or email us at dwood@woodgresham.com and we would be happy to speak with you. There is no cost and no obligation for this initial consultation.