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E. Steven Coren Lawyer

E. Steven Coren

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Accident & Injury, Divorce & Family Law, Estate, Litigation

Attorney E. Steven Coren has more than 40 years of experience representing individuals and families in personal injury cases, divorce and family issue... (more)

Simon B. Mann Lawyer

Simon B. Mann

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Accident & Injury, Employment, Estate, Business

Mann Law Firm, P.C. is dedicated to providing quality and effective legal representation to our clients in Boston, Framingham, and throughout the Comm... (more)

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Robert A. Jutras Lawyer

Robert A. Jutras

Divorce & Family Law, Estate, Elder Law, Business

Bob has been practicing law for twenty-nine years and is licensed in Massachusetts, New Hampshire and Maine. Bob attended the University of New Hampsh... (more)

Scott L. Machanic Lawyer

Scott L. Machanic

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Personal Injury, Business, Real Estate, Estate Planning
Big Firm Experience With A Small Town Personal Touch

Mr. Machanic has extensive experience in trial and appellate litigation. He has handled a wide range of business, bankruptcy, real estate, personal in... (more)

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Melissa C Wesel Lawyer

Melissa C Wesel

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Wills & Probate, Trusts, Estate Planning, Gift Taxation, Power of Attorney
Twenty Seven Years Of Experience And Wisdom On Your Side Ready To Work For You.

Melissa C. Welsel is an estate lawyer proudly serving both Concord, Massachusetts and Jupiter, Florida, as well as the neighboring communities.

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800-970-8501

Donald J. MacDonald Lawyer

Donald J. MacDonald

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Real Estate, Estate, Bankruptcy & Debt, Accident & Injury, Business
Call Today: 781-205-4735

Attorney MacDonald’s practice includes all aspects of intellectual property law, including patent and trademark prosecution, copyright law, licensin... (more)

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John F. Gallant Lawyer

John F. Gallant

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John has served as lead trial counsel in hundreds of litigation cases in his extensive trial practice in State and Federal Courts throughout the Unite... (more)

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800-931-1270

Alexander F. X. Matulewicz Lawyer

Alexander F. X. Matulewicz

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Mr. Matulewicz has won numerous honors, including national championships in high school, and the National Moot Court competition in law school. He has... (more)

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508-660-0331

Corain  McGinn Lawyer

Corain McGinn

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Tax, Estate, Power of Attorney, Business, Contract

Corain McGinn practices in the areas of Tax and Tax Controversies, Mediation, Corporate and Transactional Law, Estate Planning, and Bankruptcy Law. He... (more)

Steven  Rosenberg Lawyer

Steven Rosenberg

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Divorce & Family Law, Estate, Employment, Business, Real Estate

A member of the Massachusetts Bar for more than 30 years, Attorney Steven Rosenberg concentrates his practice counseling and representing small and me... (more)

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LEGAL TERMS

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

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.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

FAMILY POT TRUST

See pot trust.

INTER VIVOS TRUST

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

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

SAMPLE LEGAL CASES

IN THE MATTER OF THE ESTATE OF BEAUREGARD

Discussion. When a will is traced to the testator's possession or to where he had ready access to it and the original cannot be located after his death, there are three plausible explanations for the will's absence: (1) the testator destroyed it with the intent to revoke it; (2) the will ...

Equity One, Inc. v. Estate of Williams

72 Mass. App. Ct. 1108 (2008). EQUITY ONE, INC. v. ESTATE OF ALFRED WILLIAMS & others. No. 07-P-493. Appeals Court of Massachusetts. July 16, 2008. Decision Pursuant to Rule 1:28. Judgment reversed.

REAL ESTATE BAR ASSOCIATION FOR MASSACHUSETTS, INC. v. National Real Estate Information Services

William P. O'Donnell, Anthony J. Vigliotti, Robert F. Kelley, John R. Buckley, Jr., F. Sydney Smithers, IV, & Andrea F. Nuciforo, Jr., for Register of Deeds for Berkshire County & others. ... Matthew J. Maiona for the New England Chapter of the American Immigration Lawyers ...