stoughton ma wills: Stoughton MA Area Atty.-- Can You Disinherit Your Spouse Under MA Law? - 05/01/14 04:02 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA.
Website:  vonweisslaw.com
What if there is a Will, but the surviving spouse was left nothing or a token amount?  
Under Massachusetts law, can you disinherit your spouse?
 
A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse.   
The balance of this blog assumes there is no such valid and enforceable prenuptial or separation agreement. 
Under Massachusetts law, a surviving spouse has the right to waive … (0 comments)

stoughton ma wills: Stoughton MA Area Estate Planning Attorney von Weiss-Effect of Divorce - 03/23/14 09:45 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA.
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. 
(0 comments)

stoughton ma wills: Stoughton MA Area Estate Planning--What If Spouse Dies Without A Will? - 03/23/14 09:37 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. 
Website:  vonweisslaw.com 
What do I get if my spouse dies without a Will? 
 
A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse.  
The balance of this Q&A assumes there is no such valid and enforceable prenuptial or separation agreement. 
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. 
In the absence of a Will, § 2-102 of the MUPC provides that the … (0 comments)

stoughton ma wills: Stoughton MA Area Estate Planning: Can You Disinherit Your Spouse? - 02/10/14 06:43 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. 
Website:  vonweisslaw.com
What is the forced (elective) share?
 
What if there is a Will, but the surviving spouse was left nothing or a token amount? 
Under Massachusetts law, can you disinherit your spouse? 
A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse.   
The balance of this Q&A assumes there is no such valid and enforceable prenuptial or separation agreement. 
Under Massachusetts law, a surviving spouse has … (0 comments)

stoughton ma wills: Stoughton MA area Estate Planning Atty.--Disposition of Bodily Remains - 02/10/14 06:39 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 "Should my Will state my wishes regarding my burial and funeral?"
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Before the MUPC, the executor had no authority as to the bodily remains of the decedent. 
Under § 3-701 of the MUPC, the named (named in the Will) personal representative has power to carry out the written instructions of the testator pertaining to the disposition of the bodily remains and other arrangements such as funeral and … (0 comments)

stoughton ma wills: Stoughton MA area Estate Planning Atty. B. von Weiss: Effect of Divorce - 02/10/14 06:36 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 prior … (0 comments)

stoughton ma wills: Stoughton area MA Estate Planning Atty. B. von Weiss: Executors, etc. - 02/05/14 09:14 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  Website:  vonweisslaw.com
Who can be the personal representive (formerly known as executor)?
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Under the MUPC, the person in charge of the estate of a deceased person is called a “personal representative”.  Before the MUPC, we used the terms "executor"--if a person died with a Will--and "administrator"--if a person died without a Will.
Whether or not there is a Will, § 3-203(a) of the MUPC has a “priority ladder,” which … (0 comments)

stoughton ma wills: Stoughton Area Estate Planning Atty. Brigitte von Weiss: MUPC § 2-404 - 01/21/14 11:47 PM
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 discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and "minor children whom the decedent was obligated to support and children  who were in fact being supported by the decedent."  
Unless … (0 comments)

 
Brigitte von Weiss (an Expertise in Estate Planning and Elder Law )

Brigitte von Weiss

Easton, MA

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