Ethical Wills – What it is and should you have one?

An ethical will is not a valid legal document.  In short, it is a letter to your loved ones telling them about your life, your struggles, your sorrows, regrets and to offer forgiveness.  It is a statement to your loved ones to ease them through the transition of your passing. Writing an ethical will does…

Who can make an oral will?

An oral will is allowed in two specific circumstances: if a “soldier is in actual military service” and if a “mariner is at sea.”  These two can make an oral statement regarding his or her property to witnesses that are present.  These witnesses will then be able to offer their testimony to the Probate Court…

Are there any restrictions on who I can choose to be an executor?

An executor cannot be a minor, convicted felon, or non-United States citizen.  Furthermore, while Massachusetts allows you to name someone who lives in another state to be your executor, you will need to appoint an agent who can act on their behalf.  There is an “Appointment of Agent” form that may be filled out at…

Massachusetts Pet Trusts – 2011 update

Pet Trusts are now legal in Massachusetts. In the past, if someone who lived in Massachusetts wanted to leave money for a pet in case they were to pass away, the only way they could do it was by leaving the money outright to someone and hope that that person will take care of the…

What is a Do Not Resuscitate (DNR) Order and how does it work?

EMTs and paramedics are required to resuscitate a person per their protocols.   For example, if someone is in cardiac or respiratory arrest, an EMT will be required to try to resuscitate this person.  The same applies for doctors and nurses at a hospital.  If you are in medical trouble, they will try to save your life….

What are the duties of a Trustee?

A trustee is a fiduciary of the trust.  This means that the trustee is held to a high standard and has to exercise a high degree of care when dealing with the trust.  The trustee also has a duty to follow the directions of the trust as to how the trust should be managed.  Furthermore, the trustee needs…

New Estate Tax Law and Exemptions for 2011 and 2012

As of January 1, 2011 and ending December 31, 2012, the federal estate tax exemption amount will be $5 million dollars and anything over the exemption amount will be taxed at a 35% tax rate. This means that on the federal level, a single individual with assets at death of less than $5M will not…

A house was left to more than one person, do we have to agree in order to sell it?

If a house is jointly inherited, meaning it is shared by more than one person, then the executor of the will would have the right to sell this property if the will itself says that the executor may do so without the permission of the court. If there is no mention of this, then the…

Will I be responsible for a relatives credit card debt upon their death?

In the event that one of your family members passes away, if the credit account is solely in the decedents name, then only the decedents estate is liable to the credit card debt.  This means any assets or money that the decedent left.  For example, if a person owned any property at the time of…