Planning for Life

Jeffrey A. Bloom

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Is a Probate Proceeding Always Required After Someone Dies?

Posted by Jeffrey A. Bloom on February 18, 2015

By Jeffrey A. Bloom

Probate-court-estate-planning-Wellesley-MA-02481

Probate is a legal process by which an appointed individual—usually a spouse or other kind of family member—is given the power to identify and gather a deceased person's ("decedent's") assets, pay any debts or taxes the decedent owes, and eventually, transfer any remaining assets to the people who will inherit them, either according to the terms of the decedent's will (if one exists) or according to Massachusetts law (if one does not). In 2012, Massachusetts adopted the Uniform Probate Code ("MUPC") in an effort to simplify the state's probate and estate administration process. Below are some key points to keep in mind regarding the probate process:

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Topics: probate

Is Guardianship Necessary When a Child with Special Needs Turns 18?

Posted by Jeffrey A. Bloom on October 21, 2011

By Jeffrey A. Bloom

The law deems us to be of full legal capacity when we reach age 18, unless we’re incapacitated for some reason (other than insufficient age). And everyone is presumed to be competent unless a court decides otherwise. So what should parents do when they have a special needs child who is about to turn 18? As with most things, there is no hard and fast rule or simple answer.

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Topics: guardianship, special needs planning

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