Westborough Wills & Probate Lawyer, Massachusetts

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Includes: Estate Administration, Living Wills, Wills

Maryjo A. Hart

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

FREE CONSULTATION 

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Kevin G. Diamond

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

FREE CONSULTATION 

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S. Robert Fish

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

Sean Nicholas Fay

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

Jay J. Lander

Wills, Wills & Probate, Trusts, Business Organization
Status:  In Good Standing           Licensed:  62 Years

Ronald M. Stone

Government, Wills & Probate, Family Law
Status:  In Good Standing           Licensed:  34 Years

Carmine Lawrence Gentile

Wills & Probate, Estate Planning, Divorce, Criminal
Status:  In Good Standing           Licensed:  42 Years

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LEGAL TERMS

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)
Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

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.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

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. ...