Why You Need a Plan
Everyone Has an Estate
Whether you have $1 million or $10,000, you need a written plan to keep you in control and to protect yourself and those you love. If you don't have an estate plan, the Commonwealth of Massachusetts has a plan for you, and you might not like it very much.
Know Where You Stand
What Would Happen If Something Unexpected Happened to You?
Do you know what would happen legally to you, your loved ones, and your assets if something unexpected were to happen to you?
If you don't know, the first step is to find out exactly what would happen, legally and financially, so you can decide what you would want to happen differently and whether you want to replace the plan the Commonwealth of Massachusetts has for your family.
The foundation of your estate plan will often include a Revocable Living Trust, created by transferring your property into a trust for your benefit during your lifetime. When done correctly and maintained over time, a trust-based plan can help your family avoid the expense and delay of probate and minimize or eliminate estate taxes. Learn about the benefits of a revocable living trust.
How It Works
Your Initial Planning Meeting
Step 1
Complete Your Questionnaire
Before we meet, you'll complete an Estate Planning Questionnaire electronically through a secure link. It helps you organize your family and financial information and think through your goals for the well-being and care of your loved ones.
Step 2
Meet With Attorney Rosenfield
Your Initial Planning Meeting lasts a couple of hours. You'll share your family and personal circumstances, your concerns, and your goals. Then we'll explain the law and your planning options so you can make informed decisions. Meet in person or by Zoom.
Step 3
Choose the Right Plan
We'll help you choose the estate planning option that gives you peace of mind, knowing your family will be taken care of the way you want if something happens to you.
Protecting Your Children
What Would Happen to Your Children?
Without proper planning, your child could be temporarily placed in the care of the Department of Children and Families (DCF). The Probate Court will decide who raises your child, even if it's the last person you would ever want. The court will also appoint a conservator to manage your child's inheritance, along with the related costs and expenses, until age 18.
Then, at 18, when most parents expect their children to be heading to college, your child's inheritance is distributed outright, without any guidance or protection. Would you want your child to have unrestricted access to a sizable inheritance at 18? Most parents would say absolutely not.
Frequently Asked Questions
Questions Our Clients Often Ask
What is estate planning?
Estate planning is a process where you design a blueprint that lets you keep control of your property while you're alive and well, decide how you and your loved ones will be cared for if you become incapacitated, direct how your assets are managed and passed on after your death, and minimize taxes, court costs, and delays for your family.
While this is typically accomplished through a set of estate planning documents, estate planning is not only about the documents themselves. It's about making informed decisions and taking thoughtful actions so that, in the event of your incapacity or death, things transition the way you would have hoped, with the least disruption possible and minimal or no court involvement. Learn about our 6-step estate planning process.
What is the difference between a will and a trust?
Both a Will and a Trust are useful estate planning documents, but understanding their differences will help you decide which is right for your estate planning objectives and personal circumstances. Find out why a Will alone may not be the best choice for you and your family. See our Will vs. Trust comparison.
What is a revocable trust?
As the foundation of the modern estate plan, a Revocable Trust helps you control how your assets are managed and used while you're alive and well, if you become incapacitated, and after you die. It allows the coordinated distribution of all your assets while keeping the greatest degree of control and flexibility, both during your lifetime and after death.
Beyond federal and Massachusetts estate tax considerations, the benefits include avoiding probate and ensuring a smooth transition, protecting assets, planning for incapacity without court oversight, controlling distributions to beneficiaries (giving what you have to whom you want, the way you want, when you want), and keeping your affairs private. Learn about the benefits of a revocable trust.
How much does an estate plan cost?
We offer four levels of comprehensive estate planning, each customized to your unique family situation. From starter plans for families with young children, to more robust plans for families who want to avoid probate, provide asset protection, and minimize or eliminate estate taxes, every plan is tailored to your needs, values, and goals. We also offer advanced planning options for those who need more. Learn about our estate planning packages.
How do we get started?
Our estate planning process starts with listening and learning about you, your family, and your personal circumstances. We thoroughly explain your options, then custom design, implement, and maintain a comprehensive estate plan that reflects your concerns, goals, and objectives, with the ultimate goal of giving you peace of mind.
We all like to put off important tasks, and estate planning is no exception. But there are few things more important, and none that are a better investment for yourself and your family. Take the first step and schedule a free consultation.
What is probate?
Probate is the process in which the Probate Court supervises the transfer of assets from a person who has passed away to the new lawful owners. It is often a long, frustrating, and expensive process. Much of our practice is devoted to using trusts and other planning tools to help clients avoid probate altogether, and for families who did not plan ahead, we guide them through the probate process. Learn more about probate.
What is a durable power of attorney?
If you become incapacitated, you won't be able to manage your own financial affairs. Many people assume their spouse or adult children can automatically step in, but without the right documents, they must petition the Probate Court for authority. That process can be lengthy, costly, and stressful, and even if the court appoints the person you would have chosen, they may have to report to the court every year on how they're spending and investing your money.
If you want your family to be able to step in immediately without court involvement, you need to name the person or people you trust in a Durable Power of Attorney.
What is a health care proxy?
A Health Care Proxy lets you appoint someone you trust, such as a family member or close friend, to make decisions about your medical treatment if you lose the ability to decide for yourself. Without one, your loved ones would have to petition the Probate Court for authority to make medical decisions on your behalf.
What is a living will?
Along with a Health Care Proxy, you should also have a Living Will, which tells others your preferred medical treatments, such as whether to use extraordinary measures if you become permanently unconscious or terminally ill.
How do I name a guardian for my minor children?
Planning for the well-being and care of your children should the unthinkable happen is one of the most important parts of an estate plan. We call this Kids' Safeguard Planning, and it's based on the premise that a Will alone is simply not enough to protect minor children if both parents die or become incapacitated. It helps ensure your children will always be cared for by the people you choose, in the way you want. Learn about Kids' Safeguard Planning.
Take the First Step
Put Your Plan in Place
Don't leave your family's future to the Commonwealth's default rules. Schedule a free consultation, and you'll work directly with Attorney Rosenfield from day one.