Our sincerest condolences for your loss. We understand that losing a loved one is a difficult time, and we want to offer our support. Dealing with the legal procedures involved in probate can be overwhelming, especially while you are grieving. That’s why our dedicated Shrewsbury probate attorney is here to ease your burden. We will take care of all the necessary paperwork, allowing you to focus on the process of healing and moving forward. Contact us today to arrange a complimentary consultation and discover how our firm can provide the assistance you need.
How Does The Probate Process Work?
When a person passes away, even if they had a will, it must go through the court and be carried out by the executor, often a close family member, with the court overseeing the process. If you have been named as the executor, you will need to present the will and death certificate to the court. Then, you will have several responsibilities to fulfill in order to ensure that your loved one’s final wishes are respected and their affairs are settled properly.
These tasks include notifying creditors and beneficiaries, assessing and valuing the assets, settling debts, paying taxes, and distributing the remaining assets as outlined in the will. At Socius Law Firm, our experienced probate attorney in Shrewsbury can provide you with expert guidance through every step of the process, ensuring a prompt and efficient resolution.
What Are the Chances of Avoiding Probate?
Navigating the intricate process of probate can be overwhelming, with mountains of paperwork, unfamiliar court procedures, and additional fees to contend with. As the estate executor, the responsibility falls squarely on your shoulders, and even minor errors can lead to complicated legal issues or lawsuits from creditors. And let’s not forget the added stress of dealing with unhappy family members dissatisfied with asset distribution. It’s no wonder probate is something nobody wants to deal with.
Unfortunately, unless your loved one had a trust or comprehensive estate plan in place, avoiding probate is highly unlikely. However, there is a simplified option called a “voluntary administration” available for estates valued at less than $25,000. This alternative allows you to bypass the traditional probate process. Our team of experts can assess if this option is viable for your situation or explore other alternatives to put your mind at ease.
What Can A Probate Lawyer Do For You?
When dealing with the probate process in Shrewsbury, Massachusetts, it is crucial to have an attorney who is well-versed in Massachusetts probate law and has experience assisting clients in similar circumstances. Attorney Todd Rosenfield possesses the necessary knowledge to navigate the process and will serve as your trusted guide, keeping you informed and offering valuable advice every step of the way. We understand that having someone who knows what to expect can significantly streamline the process and alleviate unnecessary stress.
So, what exactly can our probate attorney do for you? Our range of services includes:
Ensuring the distribution of the deceased person’s assets in accordance with their wishes.
Assisting in identifying and evaluating the value of the assets, which may include real estate, investments, and personal property.
Handling outstanding debts and managing tax obligations related to the estate.
Providing representation in court and vigorously advocating for the interests of the estate or beneficiaries should any disputes arise during the probate process – whether among beneficiaries or other concerned parties.
In essence, our probate attorney will be your trusted point of contact for any and all probate-related matters. It is important to note that the specific tasks they handle will vary depending on the complexity of the estate. To obtain personalized advice tailored to your unique situation, we strongly encourage you to consult with our qualified Shrewsbury probate attorney. Our firm is dedicated to providing guidance that addresses your specific needs and concerns.
Trust Todd Rosenfield For Your Probate Needs
Simplify the probate process with the expertise of Attorney Todd Rosenfield. With almost three decades of experience assisting grieving families in Massachusetts, his knowledge and compassion can alleviate the challenges ahead. By choosing our firm, you’ll save time, money, and stress. Don’t wait, reach out for a free consultation today to learn your next steps in closing an estate that may take months or even years.
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.