Sherborn Wills & Probate Lawyer, Massachusetts

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Includes: Estate Administration, Living Wills, Wills

Kevin G. Diamond

Gift Taxation, Estate Administration, Guardianships & Conservatorships, Power of Attorney
Status:  In Good Standing           

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Andrew Thomas Branz

Business Organization, Wills & Probate, Corporate, Estate Planning
Status:  In Good Standing           

Albert S. Robinson

Real Estate, Government, Wills & Probate, Estate Planning
Status:  In Good Standing           

Steven Hale Grindle

Real Estate, Wills & Probate, Estate Planning, Family Law
Status:  In Good Standing           

Christopher Paul Yates

Landlord-Tenant, Wills & Probate, Estate Planning, Business
Status:  In Good Standing           Licensed:  23 Years

Elena Tsizer

Wills, Trusts, Divorce, Bankruptcy & Debt
Status:  In Good Standing           

Elise S. Kopley

Tax, Elder Law, Estate Administration
Status:  In Good Standing           Licensed:  19 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

DEED OF TRUST

See trust deed.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

SAMPLE LEGAL CASES

Brantley v. Hampden Division of the Probate and Family Court Department

Two petitioners filed an amended complaint in the county court seeking relief under GL c. 211, § 3, as well as declaratory and injunctive relief, to halt the respondents' use of the protocols on the ground that they infringed the petitioners' rights of due process under the Federal ...

Davidson v. Register of Probate for Essex County

[2] Davidson failed in his petition to name as a respondent the mother of the child, who was his adversary in the underlying litigation. See SJC Rule 2:22, 422 Mass. 1302 (1996); Jordan v. Register of Probate for Hampden County, 426 Mass. 1020 (1998). ... [3] Further appellate ...

Watson v. Walker

... Lawrence Watson appeals from a judgment of a single justice of this court denying his petition for relief pursuant to GL c. 211, § 3. [2] Watson seeks relief from a decision of the Appeals Court affirming a final judgment of the Probate and Family Court. LW v. SW, 68 Mass. App. ...