Click here to download our Estate Planning Brochure

Why do I need a will? In Massachusetts, if you die without a will, your assets will be distributed according to the laws of intestacy in Massachusetts. For example, if you are single, your assets will pass equally to your parents, however, if you have children, your assets will be divided equally among your children. If any of your children are minors, a court will then appoint a guardian of its choice to oversee the division of your assets among your minor children. Often times people are surprised to learn that if they are married and have children in Massachusetts, 50% of your assets will go to your spouse while the remaining 50% is divided among your children in equal shares. By preparing your Last Will and Testament, you make the decisions as to how your assets will pass and not the state.

When we prepare your Last Will and Testament, we will also prepare a health care proxy, living will and durable power of attorney. Often people get confused as to the importance and the need for a health care proxy and living will. A living will sets forth your intentions as it applies to your desire to be kept alive or not to be kept alive by artificial means. A health care proxy designates the person you want to carry out your intentions as articulated in your living will. Avoid the nightmare families face when they have to institute legal proceedings, which are often lengthy and expensive, in order to obtain an order to terminate life support.

A durable power of attorney allows you to designate a family member or friend to conduct your business affairs in the event you become disabled without the need of turning to the probate court for approval at every step of the way.

When you contact the Law Offices of Epstein, Lipsey & Clifford, P.C., we will not only provide the aforementioned services, we will also identify and value your assets that may be designated as part of your estate to determine if you need more extensive estate planning beyond a simple will. Identifying and valuing your assets now can avoid significant federal and state taxes at the time of your death that your family will have to contend with. A variety of methods may be used depending on your particular goals in order to minimize or eliminate potential taxes. Another consideration is often the desire to avoid probate due to its substantial cost, the possibility of challenges to one’s will and the lack of privacy involved when your assets become part of the public filing at the county probate court.