No, Massachusetts General Laws Chapter 201D, Section 7 says that “a health care proxy shall also be revoked upon: (i) execution by the principal of a subsequent health care proxy, or (ii) the divorce or legal separation of the principal and his spouse, where the spouse is the principal’s agent under a health care proxy.” This…
Gabriel Cheong, Esq., Infinity Law Group LLC,
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What if my doctor refuses to honor a health care proxy?
The law in Massachusetts allows a doctor to refuse to honor a Health Care Agent’s decision if the decision is contrary to the doctor’s moral or religious views. However, the physician must then help the Agent to transfer the patient into the care of another doctor in the same, or in an equivalent facility, who…
Is a Will from a different state valid in Massachusetts?
Yes, the general rule is that if a will is valid according to the laws of the state where it was executed, then other states will also recognize that will as valid, including Massachusetts. However, one should have a Massachusetts attorney look over the will to make sure that it was valid in the state…
What If I want to leave my son or daughter out of my Will?
Different attorneys use different language to make it extremely clear that the testator wishes to exclude one or more specific people from his or her will. For example, it will be something similar to “ My failure to provide in this Will for XXXX is intentional and not the result of any accident or mistake.” However,…
Radio Interview – Money Matters Boston and Estate Planning
Money Matters Boston 7-27-2010 Here’s my recent interview with Money Matters Radio Boston where I talk about proper estate planning, prenups and George Steinbrenner.
Where do I find a lost will?
Sometimes a parent has recently passed away and their child can’t find the Will which they believe was drafted many years ago. Here are some suggestions about how and where to start looking for a lost Will: First, you should go through any papers and if you do not find the Will, be on the…
Which assets do not go through probate?
In general all the property that the deceased owned at the time of death will be part of the probate estate. However, there are some exceptions that do not go through probate. One exception is property held in joint tenancy. A jointly owned asset will transfer to the surviving spouse or whomever the property was jointly owned…
How do you recover damages when a trust has been mismanaged?
Before you can recover damages you will need to prove that trust mismanagement has occurred. You will generally need to prove that the trustee did not act in the best interest of the trust beneficiaries. For example, you may be able to prove that the trustee had a conflict of interest and acted in the best interest…
What is an “Interrorem Clause?
“Interrorem” in Latin means to “put one in fear.” An “Interrorem Clause” can be inserted into a Will and basically states that if any person provided for in the Will files a Will contest, that person will lose any bequest or benefit provided for them in the Will. This is often helpful to stop someone from challenging…
