What Rights Do Donors Have Over Donor-Advised Funds?
A current lawsuit in California raises several questions about what rights donors retain when they donate property to a donor-advised fund....
Navigating the legal landscape following the death of a loved one can be a taxing experience for any family, especially when relatives challenge the validity of a Will, if there is one at all. CHWM offers legal guidance grounded in significant estate planning, trust & estate administration, and litigation experience to help our clients understand this often confusing area of the law.
Administration With and Without Probate
Contrary to popular belief, probate in Massachusetts, when handled by a skilled and experienced attorney, goes smoothly and without undue delays. We handle both estates with Wills and multiple trusts as well as estates where there is no Will. This court-supervised process ensures that a deceased individual’s assets are properly distributed and all legitimate debts are paid. Even where there is a Will that leaves assets to a trust, there is still the need to administer the estate in accordance with the provisions of the trust document.
Complex estates require post-mortem tax planning. There are a myriad of decisions facing personal representatives (formerly called executors) as well as trustees. We have guided hundreds of personal representatives and trustees through the many choices they have to make in order to carry out their loved one’s wishes.
CHWM provides legal counsel to families involved in disputes over the Will or other estate planning documents of a recently deceased loved one. We are sensitive to the tides of emotion that permeate these legal disputes. Above all, however, our goal is to provide our clients with the benefit of our litigation experience in order to help them prevail in a dispute in which a Will is being contested.
Our firm represents individuals who are seeking to challenge the validity of a Will as well as family members seeking to uphold it. Typically, Will Contests arise where an individual has reason to believe that a Will was drafted with undue influence unfairly exerted by a family member or other person, or that the deceased was not of sound mind when the estate planning documents were executed. These cases are inherently complex due to the need to investigate the circumstances surrounding the drafting and execution of estate planning documents as well as the mental and physical health of the deceased at the time the estate planning documents were signed. The experience our attorneys bring to the table has proven to be invaluable in resolving these matters on a favorable basis to our clients.