Losing a family member is a difficult and emotionally trying time. We understand the pain and confusion it brings. In these moments, many find themselves unsure of how to proceed legally and financially. That’s where we come in.
With almost 30 years of experience, our compassionate Northborough probate attorney, Todd Rosenfield, has been dedicated to supporting families through the probate process. We have helped countless grieving families find their way forward with confidence and ease.
Take the first step towards peace of mind. Schedule a free consultation with Todd Rosenfield today. Discover how our services can provide the guidance and assistance you need during this challenging time.
What Is Probate?
Probate, also known as estate administration, is a Massachusetts court process that “administers” the estate of a deceased person. In many cases, probate is required to be resolved before a decedent’s assets and possessions can be legally transferred to their heirs/beneficiaries. It is notoriously complicated, time-consuming, and expensive; there are many tasks and court fees involved.
If there was a will left behind, the person who is the executor named in the will is responsible for carrying out the will’s contents under the supervision (in most cases) of a local probate court. If there wasn’t a will left behind, the court will name a personal representative to distribute the decedent’s possessions according to Massachusetts’ intestacy laws.
Generally, in either scenario, probate involves the following steps: While every probate is unique, here is a list of what is involved in a “typical” probate:
- Locate and file the decedent’s Will (if he or she had one) with the local probate court
- File necessary probate documents with the court
- Locate, inventory, obtain custody, close and transfer personal assets and accounts
- Appraise and determine the value of all assets
- Ascertain, and then notify, all known creditors of the estate
- Make payments to creditors, discharge the decedent’s obligations and obtain creditor releases
- Process and obtain life insurance death benefits, if any
- Secure the decedent’s residence and tangible personal property
- File tax returns and make appropriate tax elections
- Pay estate taxes and final personal income taxes, if any
- Obtain tax releases and closing letters from the IRS, local courts and state taxing authorities
- Make specific bequests, together with partial and final distributions, to beneficiaries
- Provide detailed accounting to beneficiaries and the local probate court
Why Work With A Northborough Probate Attorney?
During a time of mourning, the last thing you want to deal with is the stress of a complicated legal process and paperwork. Without proper guidance, you may unknowingly make mistakes that could leave you personally liable and subject to lawsuits from creditors or family members. That’s why it’s crucial to have a skilled Northborough probate attorney by your side. Attorney Todd Rosenfield understands the importance of listening to your story, addressing your concerns, and ensuring you fully understand the process. With his expertise, he will handle all the necessary paperwork and court communications, relieving you of the burden and allowing you to grieve peacefully. Trust in his ability to provide exceptional support and navigate the complexities of probate law, giving you the peace of mind you deserve.
How The Socius Law Firm Can Help You.
Discover the Expertise of Todd Rosenfield at The Socius Law Firm: Your Solution for Efficient Probate Resolutions.
With nearly 30 years of experience guiding clients through probate, Northborough probate attorney Todd Rosenfield is equipped with the knowledge and expertise to ensure a swift and seamless resolution for you. In Massachusetts, there are four distinct types of probate, including informal, formal, late and limited formal, and voluntary administration. Allow Mr. Rosenfield to assess your situation and determine the most suitable probate process for you.
Our Commitment to You and Your Family’s Well-being.
At The Socius Law Firm, your well-being is our top priority. We understand the challenges you and your family face during this time, and we genuinely care about your concerns. By taking the time to get to know you personally, we can provide tailored advice and guidance. Moreover, our virtual services offer convenience and ease during these difficult circumstances.
Comprehensive Estate Planning Solutions to Avoid Probate.
As a seasoned estate planning attorney, Todd Rosenfield recognizes the importance of avoiding probate whenever possible. He can assist you in establishing the necessary documents to protect your family from the complexities of probate in the event of your passing.
Book a Free Consultation Now to Address Your Needs.
We invite you to call us today to arrange a complimentary consultation. This is an opportunity for us to discuss your specific situation and provide you with the personalized assistance you deserve. Let The Socius Law Firm navigate you through the probate process with confidence and peace of mind.
Questions Our Clients Often Ask
At the Socius Law Firm, we believe estate planning is a process where you design a blueprint that:
- allows you to control your property when you are alive and well
- enables you to control how your & your loved ones are cared for in the event of incapacity
- allows you to control how your assets are managed, used and passed in the event of your death
- enables you to save every last tax dollar, professional and court cost.
While this is typically accomplished through a set of estate planning documents, it is crucial to keep in mind that estate planning is not only about the documents themselves. It is about making a series of informed decisions and taking a series of thoughtful actions, all of which are designed to ensure that in the event of your incapacity or death, things will transition in the way you would have hoped, with the least disruption possible and with minimal or no intrusion by the court.
Learn more about the Socius Law Firm's unique 6-Step Estate Planning Process.
Both a Will and a Trust are useful estate planning documents, but understanding their differences will help you decide which is right for your particular estate planning objectives and personal circumstances.
Find out why a Will alone may not be the best choice for you and your family by viewing our side-by-side comparison chart.
As the foundation of the modern estate plan, a Revocable Trust helps you control how your assets are managed and used while you are alive and well, if you become incapacitated, and after you die.
A Living Trust enables the coordinated distribution of all of your assets, while maintaining the greatest degree of asset control and flexibility - both during your lifetime and after death.
There are many important benefits of Trusts beyond federal and MA estate tax considerations such as:
- Avoiding probate and ensuring a smooth transition
- Protecting assets
- Planning for incapacity or disability (without Court oversight)
- Controlling distributions to beneficiaries (give what you have…to whom you want, the way you want, when you want)
- Maintaining 100% privacy
We offer four levels of comprehensive estate planning - each highly customized to meet your unique family situation. Plan fees are dependent upon your personal values, goals and objectives.
From starter plans primarily for families with young children and little in the way of financial wealth, to more robust plans for well-established families who want to avoid probate, provide asset protection and eliminate or minimize estate taxes, we offer estate planning levels to meet your needs and objectives. Estate planning fees generally range from $1,200.00 up to $8,500.00 on the high end for an extensive estate plan. We also offer several advanced estate planning options for those who need even more planning.
At the Socius Law Firm, we have established a unique estate planning process where we listen and learn about you, your family and personal circumstances, thoroughly explain the estate planning options available to you and custom design, implement and maintain a comprehensive estate plan that reflects your specific concerns, fears, goals and objectives. Our process is designed to ensure your confidence at each step along the way, from the initial planning meeting through the delivery and implementation of your completed plan and beyond. The ultimate outcome of our estate planning process is to give you peace of mind.
We all like to put off important tasks and wait until the very last minute, this includes estate planning. There is always “something” that would be more fun to spend time doing or money on. However, honestly there are few things that are more important and none that are a better investment for yourself and your family. Take the first step….
Probate is a process whereby the Probate Court supervises the transfer of assets from a person who has passed away to the new lawful owners.
Probate is generally a long, frustrating and expensive process. Much of our practice is devoted to using trusts and other planning tools to help our clients avoid probate altogether. However, for families who did not do probate avoidance planning, we are frequently hired to guide them through the probate process.
If you become mentally incapacitated, you won’t be able to manage your own financial affairs. Many are under the mistaken impression that their spouse or adult children can automatically take over for them in case they become incapacitated. The truth is that for others to be able to manage your finances, they must petition the Probate Court to declare you legally incompetent.
This process can be lengthy, costly and stressful. Even if the court appoints the person you would have chosen, they may have to come back to the Probate Court every year and show how they are spending and investing the money.
If you want your family to be able to immediately take over for you without Probate Court interference, you must designate a person or persons that you trust with the use of a Durable Power of Attorney.
A Health Care Proxy allows you to appoint someone you trust - for example, a family member or close friend to make decisions on your behalf about medical treatment options if you lose the ability to decide for yourself. Without a Health Care Proxy, your loved ones would have to petition the Probate Court for authority to make medical decisions on your behalf.
In addition to a Health Care Proxy, you should also have a Living Will which informs others of your preferred medical treatments such as the use of extraordinary measures should you become permanently unconscious or terminally ill.
At the Socius Law Firm, we have developed an expertise in planning for the well-being and care of children should the unthinkable happen. We call this advanced legal planning — Kids’ Safeguard Planning.
Kids’ Safeguard Planning is based on the premise that a Will alone is simply not enough to protect minor children should both parents die or become incapacitated.
If you are a parent of minor children, your estate plan needs to include Kids’ Safeguard Planning to ensure your children will always be taken care of by the people you want, in the way you want, and never put in a situation you wouldn’t like.