Probate refers to the procedure for the court to control the assets of the deceased. There are many ways to transfer the property of the deceased to the beneficiary, but not every one needs to "prove the will" through the testamentary trial procedure, which will have an impact according to different circumstances.

If there is no will or inheritance plan, distribution of the amount of the estate, or you need suggestions on finance, law, creation and modification of the estate plan, we will provide you with legal assistance and guide you through this legal procedure to reduce your burden.

Working with lawyers and tax experts in your estate plan is very important. A team of lawyers will assist in drafting estate planning documents, and working with tax experts can help you resolve estate-related tax issues. A professional team can help you understand the complex impact of each option. And to help you clearly communicate your wishes, avoid mistakes, minimize taxes, and adjust your plan as time goes by or your situation changes. In addition, it is very important to consider how each asset will be transferred to your beneficiaries. Each case may vary depending on asset type, asset size, age, or many other factors.

What Does a Will Include in Massachusetts?

A Simple or Basic Estate Planning includes the creation of some or all of the following legal documents:

• Durable Power of Attorney allows the creator to appoint another person to stand in place of the creator. It is a very powerful and far-reaching document and the creator should only appoint a very trustworthy individual. This document is designed to withstand the incapacity of the creator.

• Health Care Proxy appoints another person as an agent to make decisions regarding the health care of the creator when the creator can no longer make those decisions for himself. This is especially important when the decision involves the continuation of life-preserving medical procedures. The more recent proxies also include the ability of the appointed health care agent to access the creator’s medical records.

• Declaration of Homestead tells the world that the client owns and resides at his place of principal residence and is claiming the full protection allowed under M.G.L. C. 188. This protection essentially shields the home from a judgment-induced sale.

• Last Will and Testament can control the distribution of the assets of the creator once deceased. The document usually names the executor, the guardians for minors if necessary, grants powers to the executor to effectively operate the estate of the deceased and waive surety on bonds. Our Massachusetts estate planning lawyer can increase the level of sophistication if the circumstances so dictate by creating these additional documents.

• Last Will and Testament with a Testamentary Trust provides greater control of the assets and protects the heirs of the deceased from their creditors.

• Revocable or Irrevocable Trusts can be used, depending upon the particular circumstances of the client, to maximize the amount of the estate available for future distribution to the spouse, children, and future generations and to minimize the burden of estate taxes, especially on the surviving spouse. Additionally, if there are special needs to address or disability benefits to protect, a trust can be created to achieve them.

• Asset Transfers and Protection can be used to help clients more effectively pass their assets on to their families both during their lives and, if necessary, posthumously as well.

Blumsack & Canzano provides comprehensive services related to inheritance law, wills, probate, and estate management:

1. Draft a will and register it in the court.

2. Provide advice on issues of will and inheritance law.

3. As the executor or administrator, ensure the safe preservation of the will until it is necessary to execute the will.

4. Prepare documents for the probate and execute the probate procedures.

Probate and lifetime estate planning

Probate and estate administration address a deceased person’s estate, including any required will validation, appointment of a personal representative, debts and distribution. Not all assets pass through probate. Estate planning concerns arrangements made during life, such as wills and trusts; the appropriate approach depends on ownership, beneficiary designations and applicable law.

Related issues may involve other legal proceedings. To discuss the circumstances of a matter, please contact Blumsack & Canzano.

Coordinating related legal issues

For a home or other estate asset, establish how it is held and who has authority to act. Estate administration may need to proceed alongside real estate transfer work. The Massachusetts probate resources help identify filings and records to examine, but assets should not be assumed to pass through a single procedure merely because they belonged to the same person.

Long-term planning for an owner should address access to records and authority after death or incapacity. Estate administration and asset authority need to be coordinated with ownership and governance documents. The Massachusetts wills and estates resources help frame the review, while beneficiary designations, jointly held property and business interests should each be examined separately.

Where estate or family assets are affected by debt, separate creditor demands, paid expenses and the asset inventory. Estate debts and distributions may require coordinated consideration of insolvency and debt procedures. The federal courts’ bankruptcy overview is a general framework, not a determination of the separate responsibilities of an estate, beneficiaries or other parties.

When a family relationship changes, identify existing judgments, agreements and pending proceedings first. Divorce and child-related matters may prompt a review of estate arrangements and related documents. The Massachusetts courts’ family-matter resources provide procedural starting points. Property, caregiving arrangements and existing orders should then be reviewed without conflating separate court proceedings.

The label attached to a payment does not resolve every tax issue arising from property division, support or inheritance. Review financial provisions in family agreements alongside the relevant tax-year filings. Where an estate or gift is involved, the IRS estate and gift tax resources help identify questions about transfers, income and reporting that require separate attention.

Family and housing arrangements often need coordinated attention, but their legal questions should remain distinct. Marital property and family arrangements may involve a home, while title, financing and transfer documents raise transaction-specific issues. The Massachusetts divorce resources help identify the family-court process without replacing a review of the property documents.

When parties, assets or payments are located in different countries, identify where each relevant event occurred. Cross-border documentation and enforcement may need to be coordinated with foreign-income and tax-residency questions. The IRS international taxpayer resources provide a starting point for the U.S. tax issues, without establishing what another country’s law requires.

Ownership records and actual use can raise different issues in a property dispute. Title and transaction review should include payment, delivery and inspection records. If the dispute develops into contract or property-damage claims, document how each loss is calculated. Exchanges of evidence in litigation should follow the applicable discovery requirements.

When payment becomes difficult, distinguish secured obligations, unsecured debt and disputed amounts. Debt-relief and bankruptcy options need to be assessed alongside pending claims and judgments. The federal courts’ Bankruptcy Basics explains the procedural framework, but does not by itself determine whether a particular debt can be discharged or an asset retained.

Preserve original records when litigation becomes a realistic possibility, and distinguish documents already available from evidence held by others. Pre-dispute document review serves a different function from discovery in litigation. The Massachusetts discovery resources help frame requests around disputed facts, so that useful evidence is not buried in unrelated material.

Start by separating the outcome you want from the facts you can document. For contract or damages litigation, organize agreements, payments and communications chronologically. Checking the parties and underlying records can reveal gaps before positions harden. The applicable Massachusetts civil procedure rules should then guide procedural planning; the volume of documents alone does not establish the strength of a claim.