Probate and Estate Planning
Probate and Estate Planning
Services in Massachusetts
We combine substantive knowledge of Massachusetts probate and estate planning laws with practical courtroom and transactional experience in estate matters. Our work is informed by statutory law, case law, and the rules of the Massachusetts Probate and Family Court, to create precise legal instruments to safeguard your assets, direct your healthcare and financial affairs, and minimize estate administration friction for your beneficiaries.
Wills
Testamentary Instruments and Capacity Considerations
Testamentary instruments like wills explain how a person wants their property, money, and belongings handled after they die. It names who will inherit assets, who will serve as executor (the person in charge of carrying out the will), and can include directions about guardianship for young children. A properly prepared will helps avoid confusion, family disputes, and delays in estate administration. The testator or the person making the will must clearly identify themselves, give clear distribution instructions, appoint an executor to manage the estate and carry out the testator’s wishes, and sign the will along with the witnesses who attest that the testator signed voluntarily.
To make a valid will, a person must have testamentary capacity, which in plain terms means they understand the nature and effect of making a will, knowing the extent of their property, recognizing who their close family and likely heirs are, and being able to form a reasoned plan for distributing assets and express those choices in a healthy mental state. If a person lacks capacity because of undue influence, severe illness, mental impairment, or intoxication, a will they sign may be challenged in court as invalid, and evidence of capacity at the time the will was signed—such as medical records, testimony from witnesses, or a doctor’s evaluation—can be essential if the will is contested.
Some practical steps to eliminate disputes over a will include working with an experienced attorney to draft a clear, properly witnessed will; document the testator’s capacity at the time of signing, avoid last-minute changes without professional guidance, and if changes are necessary, consider a formal codicil or redoing the entire will with counsel; keep the will in a safe, accessible place and tell trusted people where it is stored.
Wills
Contest and Inestacy Considerations
A last will and testament remains the primary legal document many people use to express their wishes. Writing a will means making sure that the person making it understands the entirety of their property and who should inherit, making sure no one forced them to do it, following the required signing rules, and using clear language that complies with Massachusetts law (especially G.L. c. 191B). We confirm the person's mental ability to make the will, add clear statements that the document was properly signed, and include witness statements if needed to reduce the chance that the will would be challenged later.
Our wills set out clear dispositive provisions for real property, personal belongings, and intangible assets, and include custom residuary clauses to handle any property not specifically given. We name contingent beneficiaries and add pour-over clauses when a revocable trust is part of the estate plan so assets flow into the trust at death. For blended families and clients with complex ownership arrangements, we draft enforceable measures—such as family limited transfers, qualified disclaimer language, and, where permitted, no-contest (in terrorem) clauses—to reduce the risk of baseless challenges and to make the testator’s intentions easier to carry out.
We help personal representatives and heirs with intestacy cases under Massachusetts law. We guide clients through appointing a fiduciary or administrator, preparing and filing petitions for letters of administration, and creating an inventory and appraisal of the deceased person’s assets. We prepare settlement agreements and releases after death, and work with accountants and real estate professionals to distribute assets correctly under state intestacy rules and fairness principles. If there are accusations suggesting estate misconduct, we also protect our clients’ rights and handle related criminal defense issues.
Trusts
Incapacity Planning with Living Trusts
We create revocable living trusts so a client's property can be managed smoothly during their lifetime and transfer automatically if they become incapacitated or die. If you need protection from creditors, MassHealth planning, or want to reduce estate taxes, we draft irrevocable trusts with advice from tax counsel. Examples include irrevocable life insurance trusts (ILITs), intentionally defective grantor trusts (IDGTs), qualified personal residence trusts (QPRTs), and grantor retained annuity trusts (GRATs). We design these trusts for your goals while following Massachusetts law and federal tax rules.
We also use rules that limit how much a beneficiary can spend, give trustees clear discretion, and include trust protector options and decanting when allowed, so the trust stays flexible, and beneficiaries are protected. For people in charge of a trust, we set out clear trustee powers and duties, investment rules that follow the Uniform Prudent Investor Act, and administrative rules to make it easier for trustees to report, provide accounts, and be held responsible if they breach their duties.
Assets
Protection Planning and Creditor Issues
Asset-protection planning means setting up ownership and contracts ahead of time to lower the chance that creditors, lawsuits, or judgments can take your property. In Massachusetts, you must watch state laws about fraudulent transfers, general rules that protect creditors, and federal bankruptcy law. We use lawful methods such as tenancy by the entirety for married couples, limited liability companies for business assets, certain domestic protection tools, and properly timed irrevocable transfers.
We also warn clients to be careful when they move assets so they do not run afoul of the Uniform Fraudulent Transfer Act (M.G.L. c. 109A). When clients face direct creditor claims or pending litigation, we work with our clients to defend against claims, negotiate settlements, and, where appropriate, invoke bankruptcy protections or structured payment arrangements. Our aim is to strike the right balance between legitimate asset preservation and compliance with statutory prohibitions against transferring assets.
Probate
Administration and paperwork
Probate proceedings in Massachusetts commonly commence with the petition for informal or formal administration in the Probate and Family Court. We guide personal representatives (executors or administrators) through every step: filing the Petition for Probate of Will and Appointment of Personal Representative, serving notice on interested parties, preparing inventories and appraisals of the decedent's estate, and managing estate cash flow to pay debts, funeral expenses, and administrative costs.
We handle all probate tasks, including preparing inventories, filing motions to get the court’s instructions, asking the court to approve how assets should be distributed, and providing detailed accountings until the estate is closed. We advise executors and administrators about who must be paid first, spousal allowances required by law, homestead exemptions, and what expenses are allowed during administration. If someone challenges a will, claims someone was unduly influenced, or beneficiaries disagree, we use our courtroom experience to file or defend petitions, ask the court to make clear rulings, or seek financial penalties against trustees or executors who have violated their duties.
Trustees
Fiduciary Guidance And Support
Being an executor or trustee comes with fiduciary or legal duties like acting carefully, being fair, and keeping beneficiaries informed. Many people who take these roles are family members who don’t know the rules. We help executors and trustees by preparing the first court papers, selling or moving assets, and completing the final distributions. We prepare and audit financial records, obtain releases from beneficiaries when needed, and if problems arise, we can litigate for breaches of duty or ask the court for guidance to protect you from personal liability.
We handle court-supervised estate administration when matters are complicated or disputed, including appointing replacement administrators (administrators de bonis non), appointing ancillary administrators for estates with assets in other states, and naming guardians ad litem in cases involving incapacitated people or disputes over beneficiaries' rights.
Disputes
Civil Litigation and Criminal Defense
Our multidisciplinary capacity strengthens estate planning and estate administration outcomes. Real estate often makes up a large part of a person’s estate. We perform title searches, prepare deeds, manage residential and commercial property transfers, and handle title conflicts, adverse possession claims, or partition disputes. If estate assets are involved in lawsuits or contested claims, we protect the estate in probate and Superior Court, pursuing or defending claims for personal injury, contract disputes, or misconduct by trustees or executors.
In limited circumstances, estate matters intersect with criminal defense—such as alleged exploitation or criminal conduct related to estate assets. We work alongside estate counsel to protect clients' criminal and civil rights, coordinate privilege issues, and manage collateral consequences to estate planning and administration.
Contests
Will Contests, Trust Litigation, and Fiduciary Disputes
Disputes over trusts and estates can come up for many reasons, including claims that a person lacked the mental capacity to sign a will or trust, that someone exerted undue influence to change a document, that a will or trust wasn’t signed correctly, that a trustee or executor failed to fulfill their duties, or that creditors are making claims against an estate.
We handle a wide range of court actions, such as requests for a court to clarify the meaning of a will or trust (declaratory judgment) and petitions to remove trustees or executors for breach of trust, and efforts to undo transfers. When statutes allow, we pursue remedies that can recover money for beneficiaries (called a surcharge) or request that the court impose a constructive trust so assets are treated as belonging to the rightful party. We also evaluate whether alternative dispute resolution methods—mediation or arbitration—to resolve the dispute faster, more privately, and at lower cost than trial, and we advise clients about ADR on a case-by-case basis.
Incapacity
Durable Powers, Health Care Proxies, and Conservatorship Avoidance
Complete estate planning means preparing for the possibility that you may become unable to make decisions for yourself. We draft durable powers of attorney that let a trusted person manage your estate in the event of incapacity. We also prepare health care proxies so someone you choose can make medical decisions on your behalf, and we provide HIPAA-compliant medical release forms so your chosen agent and your doctors can share necessary health information.
Using durable powers of attorney and clear medical directives can often prevent the need for the court to appoint a conservator or guardian through the Probate and Family Court. If a conservatorship is unavoidable, we guide the person who would act as conservator through the entire process: filing the petition, understanding limited conservatorship and other less-restrictive options, and accomplishing the reporting and care duties the court requires.
Why Choose Us?
Complete Legal Plan That Protects Your Estate and Beneficiaries
We prepare clear, enforceable documents, advise you on practical steps to avoid or resolve disputes, and represent you in court when needed. If you are located in Massachusetts and need assistance with probate and estate administration matters, schedule a consultation with us. We will review your case and prepare legal instruments customized for your objectives. Prompt, careful planning reduces the likelihood of contested administration and preserves your wealth and assets for future generations.