Probate matters arise upon either:

• Death, or


• Incapacity

While neither deaths nor incapacities are topics people generally like to talk about, they are issues that if left ignored can lead to unfortunate results. Instead, each of these probate matters is best handled when they are planned for in advance.

People are often surprised that probate courts are involved in more than wills and estates. Often they’ve never considered what happens when one becomes incapacitated and can no longer make their own decisions. These issues, however, can lead to some of the bitterest and costly probate disputes. After considering this, a question which often arises is,

Our lawyers can discuss your options with you and help you make plans to avoid excessive costs, keep your affairs private, and eliminate the time which can be lost while others are arguing over your wishes or about who will make your decisions for you. While there are limits to what can be achieved, our lawyers can help you with defining your choices and with taking steps to ensure your decisions are being carried out by people you trust.

Some may choose to pursue these issues on their own. We caution – it’s often proven true that you get what you pay for. We suggest the risk involved in being wrong is too great. Unless you have a Massachusetts attorney familiar with Massachusetts laws and its requirements, how do you know your wishes will be respected when your personal dignity matters most? If your choices are questioned in court, ask who would you want testifying on your behalf: a) the online document preparer or, b) the local lawyer you’ve worked with for years and who also knows the courts?

Incapacity is only one of two occurrences where probate law may become involved; the second topic is more commonly associated with probate.

“In this world nothing is certain but death and taxes.” Benjamin Franklin

Not only is death and taxes certain, but death itself can also lead to incredibly large taxes. Upon death, generally any assets remaining solely in your name must be administered through probate before being transferred to others. The more assets left behind the greater the “probate estate” can become. Once the estate gets beyond a minimal threshold, then a formal probate process must proceed.

This is the probate that people often seek to avoid.

Further, a probate estate and its assets can fall victim to serious taxes. In Massachusetts, the situation is made even more complex since the federal and state estate taxes were decoupled resulting in different thresholds for calculating different tax liabilities.

In some cases, the tax liability alone can leave families forced to sell assets simply to meet the tax obligations which are due and must be paid. Again, much of this may be avoided with proper planning.