An estate planning, probate, trusts, and tax law blog
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Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement
By: Laurel K. Koes
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Documents Your Children Need to Sign When They Turn 18
By: Yi Ke
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How do I talk to my parents about estate planning?
It can be challenging to open up a conversation with parents about their estate planning if that kind of openness is not the culture of your family. That being said, it is a good idea to start right now in creating this culture so that your children never end up googling this. Here are some recommendations for getting started and for what to ask.
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Defining Testamentary Capacity
In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts relating to the time of execution only, and not the day before, the day after, or even a few hours before.
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