With the right legal tools, you can care for your family and loved ones long after you are gone. This is especially true when you hire a trusts and estates attorney to help you. A trusts and estates lawyer can provide significant peace of mind as you consider options for passing on your property and ensuring your wishes are respected. 

At BMK Legal, our award-winning estate planning attorneys focus on helping clients create tailored plans to protect their assets and ensure seamless transitions for their beneficiaries. Below is a look at what you can expect from hiring one of our trusts and estates lawyers, the benefits of estate planning, and some tools we can help you use.

The Benefits of Hiring a Trusts and Estates Lawyer

Navigating Massachusetts’s many trust, business, and probate laws takes work. The laws are complex, and reviewing your assets and liabilities and how they may interact with the law is time-consuming. We are here to simplify the process for you and do the hard work of protecting every asset you own.

Personalized Planning

One of our estate planning attorneys can work with you to create a plan that reflects your unique situation and goals. From ensuring your assets go to the loved ones you choose to addressing specific family or business dynamics, our lawyers can help you create a plan that meets your needs.

Legal Guidance

Estate planning can involve clearing many legal hurdles, particularly when it comes to estate administration, debts, and property transfers. One of our knowledgeable attorneys can help you: 

  • Ensure that you meet all legal requirements, 
  • Avoid probate complications, 
  • Minimize tax burdens, and
  • Comply with Massachusetts laws.

We have been clearing estate planning hurdles for years and can effectively guide you through the process.

Avoiding Probate

A trusts and estates lawyer from our firm can advise you on ways to minimize or bypass probate, a time-consuming and costly court process for distributing assets. We can also help you with legal tools such as trusts, insurance policies, or business agreements that can enable a smoother transition of property to your beneficiaries.

Continuity of Care 

When you want to care for loved ones with unique needs or dependents who may require lifelong care, our estate lawyers can help you set up mechanisms like trusts to provide ongoing financial support. We can draft trust language as tight or flexible as necessary to help ensure your loved one receives what they need. In addition, we can help you identify the best trustee to properly distribute your assets to your beneficiaries.

Key Estate Planning Tools

One of the main things to know about estate planning in Massachusetts is that you have choices. An estate lawyer can guide you through the options available in Massachusetts to ensure your property is distributed according to your wishes. Common estate planning tools include the following.

Wills

A will can be an essential foundation for detailed estate planning because it can give you more control over how the law will handle your estate. They can specify the following:

  • Who will receive your assets,
  • Who should act as the executor (also known as the personal representative), and
  • Who should be the guardian of your minor children. 

It is important to note that a will must be valid and survive probate to provide these protections. Our trusts and estates attorneys can help ensure you execute a valid will and can defend it against probate challenges.

Trusts

Trusts are legal entities that can hold assets, distribute them according to your instructions, and avoid probate. Some common trust options include:

  • Revocable trusts—you maintain control over your assets and can modify or dissolve the trust, allowing you to avoid probate and provide flexibility during your lifetime;
  • Irrevocable trusts—these trusts provide robust asset protection but cannot be changed after creation; and
  • Special needs trusts—for those with dependents who have disabilities, this trust may provide lifelong support to a loved one without impacting their eligibility for government benefits.

We can help you draft and execute trust documents that best suit your needs and provide for the ones you love.

Contracts and Business Documents

Contracts can help you and your loved ones avoid probate when distributing estate assets. Contracts can be particularly helpful when you own a business and have a specific vision for who will be your business successor and who will receive the fruits of your business labor. An experienced trusts and estates attorney from BMK Legal can draft business agreements on your behalf. We can also update your business management documents to help ensure that your work passes to your chosen beneficiaries.

How Do I Select a Trusts and Estates Attorney Near Me?

When hiring an estate planning attorney in Boston, finding someone with experience in Massachusetts estate law and who understands your personal objectives is essential. Look for the following qualities:

  • Experience and knowledge. Verify the lawyer has experience in trusts and estates. You also want an attorney with experience in cases similar to yours. 
  • Reputation and reviews. Seek recommendations from family, friends, or online reviews. Many Boston attorneys also offer consultations where you can ask about their experience and approach.
  • Clear communication. Estate planning involves discussing sensitive topics. Finding an attorney who listens well and communicates clearly can make the process more comfortable.
  • Transparency on fees. Estate planning costs can vary depending on the complexity of your needs. Understanding an attorney’s fees upfront can help you make informed decisions.

BMK Legal is a multidisciplinary, full-service law firm that focuses on sophisticated estate matters and business law. We have also received top honors from the legal community and strive to ensure our services are affordable.

BMK Legal Can Help

We know you are concerned about best providing for your family, friends, and associates, even when you are gone. BMK Legal can give you the tools and guidance to protect your assets and loved ones after your passing. We have many decades of experience and a rich history of providing award-winning legal services to the people of Boston. If you need help, please give us a call or contact us online to schedule an appointment.

Resource List

  • Mass. Gen. Laws Chapter 190B, §5-202, link

Social Security Act Section 1917(d)(4)(A), link