Middlesex County, MA Trusts Lawyers

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William N. Friedler

Government Agencies, Wills, Wills & Probate, Trusts
Status:  In Good Standing           

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S. Robert Fish

Wills & Probate, Wills, Trusts, Estate Planning
Status:  In Good Standing           

Melissa C Wesel

Wills & Probate, Trusts, Estate Planning, Gift Taxation, Power of Attorney
Status:  In Good Standing           Licensed:  35 Years

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Margot Rose Thistle

Child Support, Estate Planning, Family Law, Trusts
Status:  In Good Standing           

Todd E. Lutsky

Wills & Probate, Trusts, Estate Planning, Business Organization
Status:  In Good Standing           Licensed:  32 Years

Jeremy Adam Cohen

Land Use & Zoning, Trusts, Civil Rights, Contract
Status:  In Good Standing           Licensed:  22 Years

Dani Noam Ruran

Commercial Real Estate, Trusts, Estate Planning, Bankruptcy
Status:  In Good Standing           

Sean Nicholas Fay

Real Estate, Wills & Probate, Trusts, Estate
Status:  In Good Standing           Licensed:  32 Years

Peter R. Johnson

Estate Administration, Trusts, Estate Planning, Estate
Status:  In Good Standing           

Martha B.G. Lufkin

Prosecution, Trusts, Estate Planning, Guardianships & Conservatorships
Status:  In Good Standing           

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LEGAL TERMS

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

SAMPLE LEGAL CASES

O'CONNOR v. Redstone

... Michael). The plaintiffs are Michael and the current trustees of three trusts that once held shares in NAI for the benefit of Sumner's and Edward's children. ... individually. Edward denied that any such oral trusts had been established. [8]. ...

BINDMAN v. Parker

... Trustees of two qualified personal residence trusts (QPRTs) commenced these actions in the Probate and Family Court, seeking reformation of the trusts to correct drafting errors that they claimed frustrated the settlors' intent to reduce their estate and gift tax liabilities. ...

Fierst v. Laird

... Deborah L. Anderson & Sarah T. Connolly for the plaintiffs. The trustees of three related trusts commenced this action in the county court requesting a declaration that the trusts contain certain scrivener's errors. They also request reformation of the trusts. ...