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….
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…
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…
Yes, you can keep your ex-spouse from inheriting your estate and still take care of your children through the use of a will and trust. If you have no will, your kids will inherit your estate, however, if they are under eighteen years of age, your ex-spouse will likely have control of your money if…
For a person to have capacity, they must, at the time they execute the will, be able to understand the nature of the document that they are signing. They must understand what they own, what it is worth and where it is. They must also be able to understand who their potential heirs are. The person challenging…
While there may be some cases where a persons estate is small and uncomplicated and a do-it-yourself will found online may suffice, I would not recommend it. You do not want to save money by purchasing one of these and then end up messing up your estate plan. If you truly believe that you can…
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…
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.
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…