However, one should have a Massachusetts attorney look over the will to make sure that it was valid in the state where it was executed.  Also, if the will is several years old, one should think about reviewing the document in order to make sure that the will does not need to be updated.  Sometimes one will have different wishes from the time he or she created the original will. In addition, differences in property or tax laws from state to state may make it an advantage to change the current estate plan.

Here’s my recent interview with Money Matters Radio Boston where I talk about proper estate planning, prenups and George Steinbrenner.

After you prove that trust mismanagement has occurred, you will next need to show how you were harmed by this trust mismanagement.  This will often require financial experts who can reasonably predict what would have occurred to the trust assets if they had been properly managed by the trustee.  The court will generally award you damages for the amount the trust would have made but for the mismanagement by the trustee.  In some cases, criminal charges may also be brought against the trustee.

Another way to avoid a Will contest is to communicate with your heirs about the estate and probate proceedings.  This can prevent jealousy and suspicions which can result in a Will contest.

There is a procedure known as voluntary administration or “quick probate” that is available if you hold less than $15,000 in probate assets plus an automobile, and if you do not own an interest in real estate. If you own more than the above amounts of probate property at the time of your death, the probate process will be more formal and extensive and in most instances it will take more than a year to complete a probate proceeding.

Proper estate planning could avoid probate altogether but in some situations, you might want probate.  Contact an experienced estate planning lawyer to find out what you should be doing to plan for your beneficiaries.

Currently in 2010, the exemption amount for Massachusetts is $1 million while there is an unlimited exemption for Federal estate tax purposes.  This means that your estate will not be subject to any federal estate taxes this year no matter how much money you have.  However, if your estate is greater than $1M, you will have to pay Massachusetts estate taxes.

It is important to keep in mind that estate taxes are NOT paid by the beneficiaries.  It is paid by the estate and whatever is left over after paying taxes is the amount that goes to the beneficiaries.  Beneficiaries do not have to fear that they will have to pay out of pocket for their loved one’s taxes.

A Trust is one of the tools that may be used in order to avoid probate.  The person who will be creating the Trust is called the “Donor” and the person who is entitled to benefit from this Trust is called the Trust’s “Beneficiary.”  A Trust will also name a “Trustee” who is responsible for the control of any assets transferred to the Trust and manages those assets for the Beneficiary.

With a properly drafted and implemented Trust, one will be able to avoid probate, and also have assets managed during your children’s lifetimes, if necessary.  You will be able to determine if a Trust is appropriate for you by consulting with an experienced estate planning attorney.

If you have included a health care proxy, the lawyer should keep the original and you should also give a copy to your attending physician as well to be made part of your medical records.