Losing a loved one is one of the most difficult parts of life. The days and weeks that follow the death of a loved one can be challenging – especially for family members who need to arrange their loved one’s assets and estate planning. To help you during this challenging time, our team at Marsden Law P.C. has put together a guide to help you navigate the process of obtaining access to your loved assets. You don’t need to go through this process alone. Contact Marsden Law P.C. through our online contact form or call (508) 858-5324 to discuss your situation.

The loss of a loved one is a devastating time for family and friends. Not only does this time bring strong emotions, but it also involves a long list of financial and legal arrangements. In most cases, family members are responsible for handling their loved ones’ finances and beginning the probate process. You don’t need to go through this process alone. Contact Marsden Law P.C. through our online contact form or call (508) 858-5324 to discuss your situation.

Navigating the probate process can be daunting, especially when considering the complexities involved in Massachusetts laws. By understanding probate and exploring strategies to avoid it, you can better protect your assets and ensure smoother transitions for your loved ones. This blog will provide a detailed look at how probate works, the assets it affects, and the legal tools you can use to minimize its impact on your estate. Understanding Probate in Massachusetts Definition and Purpose of Probate Probate is the legal process through which a deceased person’s estate is managed, debts are settled, and the remaining assets are distributed. This ensures the decedent's wishes, as stated in their will, are honored or, in the absence of a will, that state laws direct asset distribution. While probate provides structure, it is often time-consuming, costly, and can strain beneficiaries. The process can take months or years, depending on the estate's complexity or if disputes arise. This underscores why proper estate planning is essential to streamline the process and reduce its emotional and financial toll. Assets Subject to Probate Assets solely owned by the deceased, such as individually owned bank accounts, real estate, or personal effects, typically go through probate. On the other hand, joint accounts, payable-on-death accounts, and assets with named beneficiaries, like retirement accounts, generally bypass probate. Additionally, creating tools such as living trusts can help ensure assets are transferred without legal delays. Understanding which assets are subject to probate enables better planning to minimize its impact. By taking these steps, you can protect your beneficiaries from the potentially burdensome probate process. Strategies to Avoid Probate Establishing a Revocable Living Trust A revocable living trust allows you to place assets under the care of a trustee, ensuring direct transfer to beneficiaries upon your passing, without involving probate. This approach offers privacy, efficiency, and control while reducing delays and costs. However, it does require careful setup, ongoing management, and funding to include all intended assets. Working with an estate planning attorney helps ensure your trust is comprehensive and effective. By leveraging this tool, you can create a streamlined strategy for safeguarding your legacy. Joint Ownership and Beneficiary Designations Owning property jointly with rights of survivorship ensures that assets automatically transfer to the surviving owner, bypassing the probate process. Similarly, naming beneficiaries on accounts like retirement funds or life insurance policies guarantees direct transfer upon death. It’s important to structure joint ownership correctly and review beneficiary designations regularly to reflect your current wishes. These simple steps can make a significant difference in minimizing probate’s involvement in your estate. Proactive adjustments ensure smoother transitions for your loved ones. Legal Instruments and Tools Durable Power of Attorney and Healthcare Proxy A durable power of attorney lets someone you trust manage your financial matters if you're unable, while a healthcare proxy appoints someone to make medical decisions on your behalf. These documents prevent court interventions and ensure your wishes are respected during incapacitation. Both legal tools are vital to protecting your interests and making decisions seamless in challenging times. Consulting an experienced attorney to draft these documents ensures they meet Massachusetts legal requirements and align with your goals. Together, they form a key part of a comprehensive estate plan. Homestead Declaration Filing a homestead declaration protects a portion of your primary residence’s equity from creditors, offering significant financial security in Massachusetts. This safeguard extends to surviving spouses and dependent children, ensuring they can remain in the family home despite financial challenges. Proper filing with your local registry of deeds is essential for activating this protection. An estate planning attorney can guide you through the process to maximize its benefits. This simple yet powerful step adds another layer of security to your estate planning efforts. Common Mistakes and How to Avoid Them Failure to Update Estate Plans Estate plans must adapt to life’s changes, such as marriage, divorce, or the birth of a child, to remain relevant. Neglecting updates might result in unintended asset distribution or increased probate costs. Regular reviews ensure your plan reflects your current financial and familial relationships. It is recommended to revisit your plan every few years or after significant events. Working with an attorney helps keep your estate plan accurate, legally compliant, and aligned with your wishes. Overlooking Small Estates If your estate qualifies as a small estate under Massachusetts law, you might be eligible for a simplified probate process called voluntary administration. This process reduces time, costs, and paperwork requirements. To qualify, estates must meet specific value thresholds and lack real estate assets. Many misunderstand or overlook this option, missing the chance to streamline probate. Consulting an attorney ensures you understand your eligibility and, if applicable, take advantage of this simplified approach. Professional Guidance and Resources Utilizing Online Tools and Resources Online tools and platforms offer helpful templates, resources, and insights into estate planning basics. While they provide a great starting point, a professional review is necessary to ensure compliance with Massachusetts laws. By combining online resources with attorney expertise, you can develop a robust estate plan that protects your assets and reflects your wishes. Relying solely on DIY tools risks errors, so always seek professional validation. This hybrid approach balances convenience with legal accuracy. Hiring an Estate Planning Attorney Navigating Massachusetts probate laws can feel overwhelming; consulting an estate planning attorney provides crucial insight and guidance. They’ll help minimize probate’s impact, ensure compliance with state laws, and tailor a plan to your needs. A skilled attorney can review and update your estate plan to meet current financial and familial circumstances. This professional oversight brings clarity, compliance, and peace of mind to the process. Personalized advice ensures your assets are protected and transitions to beneficiaries are seamless. Estate Planning Services in Massachusetts Protecting your assets from probate involves proactive strategies and personalized legal solutions. At Marsden Law P.C., we’re committed to helping you create an estate plan that secures your legacy and meets your unique needs. Our experienced attorneys offer compassionate guidance to safeguard your family’s future and minimize challenges like probate. Contact us today at (508) 858-5324 to schedule a consultation and take that important first step towards ensuring peace of mind for your loved ones.

Probate is the process by which a deceased person’s “stuff” is passed to their heirs or the people named in their will, whether they have a will or not. The need for probate only arises if something is owned by someone alone in their name at their death. It usually does not apply to jointly held property, assets held in trusts, or assets that typically come with a named beneficiary, such as life insurance, annuities, or retirement accounts (401 (k) s, IRAs, 403 (b) s). Probate is basically your wishes being supervised by the probate court. Creditors usually have a year to show up and make a claim, so the process can take up to a year, but in some cases, distributions from the estate can be made sooner. As COVID-19 has slowed the probate process, we decided to do a deep dive into the pros and cons of probate versus creating a trust to help you determine which option is best for you. Probate Process in Massachusetts Each state handles probate a little differently, but there are some overall similarities to the process: 1. Filing the will and petition: For the record, there is no Hollywood-type reading of the will. Technically, you could still do it, but our firm does not. What we do have to do is send a probate petition and the original will (if there is one) to the Probate Court to start the process of appointing someone as a Personal Representative (what used to be called the Executor). Just being named in the will does not automatically get you the job. The court needs to essentially approve or sign off on it. 2. Organizing and collecting all the assets. You must chase down everything the person who passed away owned, including personal items, vehicles, and liquid assets (cash or securities). You may have to file a list of assets with the Probate Court, or in some cases, just the beneficiaries of the estate. Ideally, everything is consolidated into a single newly established checking account for the estate, and you or your attorney will need to obtain a taxpayer identification number (also called a TIN or EIN) from the IRS for the bank account. 3. Paying bills. Bills are paid out of the estate checking account you set up to collect all the assets of the estate. Put the bills aside as they come in, and while you are waiting for your appointment as Personal Representative, do not panic. Let creditors know you are waiting to be appointed and that you will square up with them once you hear back from the Probate Court. You are NOT responsible as the Personal Representative for the bills; you are responsible only for using the deceased person's assets to settle their affairs. When you have collected all the assets, you can then start paying them out. If there are more bills than assets, you may have to file a notice with the court stating that the estate is insolvent. 4. Filing taxes . In Massachusetts, an estate tax return generally must be filed if the estate exceeds $1,000,000. The federal estate tax threshold is significantly higher and, in many cases, will not be required. The return must be filed within nine months of the date of death. If you need to file an estate tax return, it is best to hire an experienced CPA or tax attorney, as the filing can be somewhat complicated and best left to the professionals. You may also have to file a final income tax return for the decedent and for the estate if the estate account or the estate assets earn any money. 5. Distributing the estate to beneficiaries. Usually, we suggest not paying out any of the estate assets until about a year after someone's death. That is how long the creditors have to show up and make a claim, and once you pay the assets out, it’s next to impossible to get them back (if need be). In some cases, it may make sense to do a partial distribution if you're pretty sure there are not any creditors left to make a claim, and that you have held onto enough to cover any unforeseen expenses. Then, when everything is paid, you can make one more small final distribution with the remaining assets. 6. Taking care of the final account. In some states, the Personal Representative must file an accounting with the Probate Court listing any income to the estate since the date of death, and all expenses and estate distributions. In other cases, the beneficiaries just need be provided the details of how the assets were administered, and the court does not require an accounting unless one of the beneficiaries requests one. After the accounting has been approved by the court, the assets can then be distributed to the beneficiaries of the estate. Has COVID-19 Impacted the Probate Process? While there are some pros to probate, the process has been slowed down significantly due to the COVID-19 pandemic. The biggest pro is that the court will supervise the distribution of your estate to ensure it goes exactly as you planned. For people who have concerns about who will receive your assets and how they will be distributed, this court supervision provides peace of mind. Does probate cost more money? Yes. Does it take more time than using a trust to accomplish the same thing more quickly, efficiently, privately, and with less cost? Yes. Why You May Want to Avoid Probate During COVID-19 Our preference is to avoid probate if possible. The process can drag on, as COVID-19 has slowed things, and selling real estate out of an estate (with or without a will) can add to the challenges and costs of administering the estate. However, if you do wish to pursue this option, our firm can assist you through the process. Reasons to Set Up a Trust Setting up a trust initially costs more money, and you do need to make sure you fund it or else you end up right back in Probate Court, but it also has its benefits. If you have minor children, real estate, and some liquid assets, a trust generally makes more sense than just a will. Even an estate with some assets left out of a trust can be easier to administer than an estate without a trust. If you need assistance with the probate process or would like to create a trust, contact our office online or via (508) 858-5324 to schedule a consultation with an experienced estate planning attorney from our firm.

Probate is a legal process that involves the distribution of a deceased person's assets to their heirs and beneficiaries. However, not all assets are subject to probate. In this blog post, our Metro West Boston probate attorneys will discuss which assets are subject to probate and which ones are not. Understanding this can help you plan your estate and ensure that your assets are distributed according to your wishes. 1) Real Estate - Yes and No Real estate is one of the most common assets that are subject to probate. If you own a house, apartment, or any other type of real estate, it will go through the probate process unless you have taken steps to avoid it. You can avoid probate by using a living trust or by holding the property jointly. 2) Bank Accounts - Yes and No Bank accounts are also subject to probate unless you have named a beneficiary or set up a payable-on-death (POD) account. If you have a POD account, the funds will go directly to the beneficiary without going through probate. Naming a beneficiary on your bank accounts can also help avoid probate. 3) Investment Accounts - Yes and No Investment accounts such as stocks, bonds, and mutual funds are subject to probate unless you have named a beneficiary or set up a transfer-on-death (TOD) account. TOD accounts work similarly to POD accounts and allow the assets to bypass probate and go directly to the beneficiary. 4) Life Insurance Policies - No Life insurance policies are not subject to probate as long as you have named a beneficiary. The proceeds of the policy will go directly to the beneficiary without going through probate. 5) Retirement Accounts - Yes and No Retirement accounts such as 401(k)s, IRAs, and pension plans are not subject to probate as long as you have named a beneficiary. The assets will go directly to the beneficiary without going through probate. Contact Our Probate Lawyers Today Not all assets are subject to probate, especially if you take steps ahead of time to avoid probate. Understanding which assets are subject to probate can help you plan your estate and ensure that your assets are distributed according to your wishes. At Marsden Law P.C., we can help you plan your estate and avoid probate. Contact us today to schedule a consultation. If you have questions about navigating the probate process, then give us a call today at 508-858-5324 to speak with a Metro West Boston probate lawyer at Marsden Law P.C. about your situation.

Probating Real Estate

The probate process can be a daunting experience for those dealing with the loss of a loved one. Probate becomes necessary when someone dies with solely owned assets, and the heirs require the legal authority to access and distribute them. A Probate Court oversees this process and involves several steps that could take months or even years to complete. What is Probate? Probate is a legal process that distributes the assets left by someone who died to their heirs or beneficiaries. All purchases that pass through a will or intestacy, not considered joint ownership or transferable on death in some states, will go through probate. The Steps Involved in Probate Probate consists of several steps that depend upon the assets left behind and the complexity of the estate, and these may include the following: Filing a petition with the probate court. Giving notice to heirs and potential creditors. Inventorying the estate assets. Paying debts and taxes owed by the estate. Distribute the remaining assets to the heirs/beneficiaries. Closing the probate administration. Why is probate so costly? The probate process can get quite expensive because all costs related to the process – attorney, court fees, accounting fees, appraisal fees – are paid from the assets left behind, ultimately, leaving less money for the heirs. Additionally, probate can be quite time-consuming, especially if disputes over assets exist among heirs. All the prices that come with it are additional burdens. How to Avoid Probate Most people aim to avoid probate for two reasons: the financial cost and the time-consuming process. You can prevent probate or significantly reduce the number of assets that go through probate by using estate planning tools such as trusts, joint ownership, or transfer-on-death deeds. Metro West Boston Probate Attorney If you're in Massachusetts and need help with estate planning or navigating the probate process, don't hesitate to contact Marsden Law P.C. Our experienced team can provide you with the legal advice and assistance you need to ensure that your assets are distributed according to your wishes. Contact us today at (508) 858-5324 to learn more about our services.

What to Do as a Surviving Spouse After Your Spouse Dies The death of a spouse is one of life’s most devastating losses. In the midst of grief, you may also be faced with urgent practical and legal matters that feel overwhelming. While no guide can ease the pain, having a clear plan for the steps ahead can help you feel more grounded and supported. Below is a roadmap to help you navigate this difficult time. 1. Allow Yourself Space to Grieve Your first priority is your own well-being. In the early days, lean on friends, family, your faith community, or grief counselors for support. There’s no “right” timeline for grief. You do not have to handle every logistical task immediately—focus on the essentials first. 2. Secure the Immediate Needs In the first few days, you’ll need to address: Pronouncement of Death & Death Certificates If your spouse passed away in a hospital, hospice, or nursing home, staff will handle the pronouncement. If at home, call 911 or the hospice nurse. Request 10–15 certified copies of the death certificate—you will need them for insurance claims, banking, property transfers, and more. Care for Dependents and Pets Ensure children, elderly relatives, or pets who relied on your spouse are cared for in the short term. Secure Property Lock the home, safeguard valuables, and locate important documents. 3. Gather Important Documents Collect as many of these as you can before beginning any formal processes: Will or trust documents Marriage certificate Birth certificates (for spouse and children) Social Security card and number Life insurance policies Deeds, titles, and property records Financial account statements Pension/retirement account information 4. Notify Key Parties Within the first few weeks, contact: Family and friends so they hear the news from you, not elsewhere. Employer (both yours and your spouse’s) about benefits, final paychecks, and possible life insurance. Social Security Administration to stop benefits and apply for survivor benefits if applicable. Insurance companies (life, health, auto, homeowners). Financial institutions to freeze joint accounts if necessary and prevent fraud. 5. Consult an Attorney Before Making Major Decisions Especially if your spouse had a will, trust, or owned property in their name alone, you may need probate or trust administration. An estate planning or probate attorney can help you: Understand your rights as a surviving spouse Navigate the probate court process (if needed) Transfer property titles Access life insurance or retirement funds Address debts and liabilities Tip: Don’t rush to sell a home, move, or make major financial commitments. Give yourself time to think clearly. 6. Manage Financial and Legal Affairs After meeting with your attorney and/or financial advisor: Claim life insurance benefits and pension/retirement distributions. Update your own estate plan —including your will, trust, powers of attorney, and beneficiary designations. Address taxes —you may need to file a final joint return for the year your spouse died. Close unnecessary accounts to protect against identity theft. 7. Take Care of Yourself for the Long Term Grief can have lasting effects on mental, emotional, and physical health. Continue to: Attend grief counseling or support groups Maintain a healthy routine Revisit your financial and legal plans periodically Surround yourself with people who care Final Thought While the path ahead may feel uncertain, you don’t have to walk it alone. Surround yourself with trusted professionals, attorneys, financial advisors, grief counselors, and loved ones who can help you navigate each step. In time, the fog of grief will lift enough for you to see the next chapter of your life more clearly.