Planning for Life

By Harry S. Margolis

When you die, your possessions will go to your heirs. Savings and investments are easy to divide up since they can be turned into cash. While real estate is more difficult, it can be turned into cash by selling it or co-owners can share it. But the most difficult items to divvy up are your personal possessions -- silverware, dishes, artwork, furniture, tools, jewelry -- that are unique rather than fungible. In legal speak these are known as "tangible personal property" and  can become the focus of family feuds, often one or more children claiming that a parent had promised them a particular item.

By Kerry Reilly

With the growth of blended families, having an estate plan in place becomes even more important.  On February 7, 2019, The Boston Globe published an article entitled “A patriarch leaves no will and the home he meant for his Cambridge family may be lost,” which illustrates in heartbreaking detail what happens when we don’t have the right plan in place.

By Harry S. Margolis

There is just one exception to the American rule that you get to choose who gets your property after you die. As long as you're competent, you can give it to anyone, the postman, your babysitter from when you were a child, or the person who picked you up hitchhiking in the rain.

The one exception is protections for your surviving spouse. In Massachusetts, this is found at M.G.L. Ch. 191, Sec. 15. This is an odd or anachronistic law in that it creates a big distinction in the rights of the surviving spouse depending on whether the decedent's estate is worth more or less than $75,000.

By Harry S. Margolis

What constitutes a will? According to Massachusetts law, which is similar to the law in all states, wills must be in writing and signed by the "testator" and two witnesses.

However, the law also permits other writings to serve if the:

Intent that the document constitute the testator's will can be established by extrinsic evidence.

This means that a separate writing that does not meet all of the traditional requirements of a will may be admitted as a will by the probate court.

By Harry S. Margolis

In the United States, we get to decide who gets our assets when we die, our children, our spouse, charities, or our hairdresser. The only exception is that absent a prenuptial agreement, spouses have the right to "elect against the will" to get at least a minimum inheritance. This "spousal share" in Massachusetts is relatively meager, $25,000 plus an income interest in half of the remaining estate if the decedent had no surviving children or grandchildren or an income interest in a third of the remaining estate if the deceased spouse did have surviving children or grandchildren. No one else has any rights to the estate at all.

By Harry S. Margolis

Up until now, you've had two options for your estate planning: Go to a do-it-yourself site like LegalZoom or work with an attorney who will customize your plan to meet your circumstances. Most people are afraid to fly solo online and many feel that they do not need the one-on-one attention, or cost, of an attorney. That's why we are creating a third option.

By Harry S. Margolis

Probate is the process through which after death your possessions are passed on to whichever individuals and charities you name in your will. If you don't have a will, your property passes under what are called the rules of "intestacy" which means that state law determines who gets what -- essentially your closest relatives.