randolph ma estate planning attorney: Non-Tax Reasons for Trusts: Randolph MA Area Estate Planning Attorney
- 10/11/14 07:55 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website: vonweisslaw.com There are several non-tax reasons for utilizing trusts such as asset protection; avoiding probate; creditor protection; protection for the surviving spouse and children in the event the surviving spouse remarries; control and management of assets for spendthrifts, minors and those disabled; and avoiding ancillary probate for real estate owned in another state. Moreover, living trusts are private (not public) documents and notice of the trust assets and accountings need be given only to the interested parties.
Example: Mr. and … (0 comments)
randolph ma estate planning attorney: Randolph MA Area Estate Planning Atty. B. von Weiss: Effect of Divorce
- 04/06/14 07:14 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website: vonweisslaw.com I am often asked "How does my divorce affect my estate plan?" The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that divorce revoked the provisions in favor of a former spouse in a pre-existing Will (the former spouse was treated as having died first). The net effect was that former spouse did not inherit directly under the Will and any nominations appointing the former spouse were void. The … (0 comments)
randolph ma estate planning attorney: Estate Planning Atty. Randolph MA area: Does Marriage Invalidate Will?
- 01/27/14 06:26 AM
Website: vonweisslaw.com What happens if the will is older than the marriage? The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof." Pretty simple and straightforward, right? Under the new law, things are a bit more complex. Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten … (0 comments)
randolph ma estate planning attorney: Randolph area MA Estate Planning Atty. B. von Weiss--Will Omits Child
- 01/23/14 11:12 AM
Website: vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional … (0 comments)
randolph ma estate planning attorney: Randolph area estate planning attorney Brigitte von Weiss: MUPC §2-403
- 01/22/14 10:04 AM
Website: vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death. Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of exempt … (0 comments)
randolph ma estate planning attorney: Randolph area Atty B. von Weiss--When A Child Is Omitted From the Will
- 01/22/14 09:36 AM
Website: vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional … (0 comments)
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. 
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