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 … (0 comments)
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)
wills: Foxboro area MA Estate Planning Attorney B. von Weiss: Executors, etc.
- 02/14/14 08:40 PM
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,” … (0 comments)
wills: Foxboro area MA Estate Planning Atty. B. von Weiss: Effect of Divorce
- 02/14/14 08:37 PM
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)
wills: Forboro area MA Estate Planning Attorney-Disposition of Bodily Remains
- 02/14/14 08:33 PM
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 … (0 comments)
wills: Rockland area Estate Planning Attorney: Marriage Invalidates a Will?
- 02/13/14 08:43 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 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 … (0 comments)
wills: Canton area Estate Planning Atty. von Weiss-Marriage Invalidates Will?
- 02/13/14 08:33 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 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 … (0 comments)
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)
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)
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)
wills: Rockland MA area Estate Planning Atty. B. von Weiss: Effect of Divorce
- 02/08/14 11:38 PM
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)
wills: Rockland MA area Estate Planning Atty.--Disposition of Bodily Remains
- 02/08/14 11:36 PM
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 … (2 comments)
wills: Rockland area Estate Planning Atty. Brigitte von Weiss: Executor, Etc.
- 02/08/14 11:36 PM
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)
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 … (0 comments)
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)
wills: Norton MA area Estate Planning Atty. Brigitte von Weiss: Executors, etc.
- 02/08/14 09:05 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,” … (0 comments)
wills: Norton area MA Estate Planning Attorney: Disposition of Bodily Remains
- 02/08/14 09:02 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 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 … (0 comments)
wills: Brockton area MA Estate Planning Atty.--Discretionary Family Allowance
- 02/08/14 01:57 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 is the Discretionary Family Allowance? 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 … (0 comments)
wills: Brockton area MA Estate Planning Attorney von Weiss: Exempt Property
- 02/08/14 01:52 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 is Exempt Property? 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 … (0 comments)
wills: Non-Tax Reasons for Trusts-Brockton Area Estate Planning Attorney
- 02/06/14 07:24 PM
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 Mrs. Brockton … (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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