Legal Question in Wills and Trusts in Massachusetts

Re: Will

It is almost essential that the estate have an attorney. There are highly technical rules concerning the administration of estates, ranging from preparation and filing of accounts with the court to the filing of estate tax returns and issues pertaining to the sale of real estate, that require the expertise of an attorney. If fees are a concern, you should know that an attorney's fees can only be approved by the court and have the right to be challenged or questioned.

Re: Will

Well, as a probate attorney, I'm obviously inclined to say yes, unless the estate is very small in size and consists of only a couple of bank accounts. Does this cost some money? Sure. But a good probate lawyer helps the estate save money in the long run. Let me tell you why.

My role as a probate attorney is to provide guidance and help make sure that the estate is managed properly and fairly. Your sister will only probate one or two estates in her lifetime. An attorney with a busy probate practice handles these matters every day and has solved all sorts of problems. I don't have to reinvent the wheel when I advise my clients about when the sale of assets are taxable to the estate and when they may be taxable to the heirs. I'm going to make sure my client knows the law concerning identifying, managing and disposing assets. If there's real estate, I'm there to advise the client about how to be sure that title is passed cleanly from the estate to the buyer. I'm there to read the will and other critical legal documents to be sure that the decedent's wishes are followed and to identify what terms or directions may create legal or administrative problems. Etc., etc.

The other piece that doesn't get discussed much is that the lawyer can look at the issues without the emotions that naturally occur when a loved one dies. I get to give objective advice without being caught up in family politics and personal grief. I can therefore make sure that the executor stays on track and fulfills her duties. You can't put a price on that.

Re: Will

Probating an estate is not as simple as one would think and using an attorney is reasonable.

Re: Will

Generally, most families will benefit from the assistance of an attorney in administering a deceased parent's estate, whether there was a will, no will, joint property, or a trust.

Sometimes, they only discover this several years down the road, when they learn of missed deadlines and opportunities.

For a small estate (under $15,000 and no real estate), there is a simplified process, which would not typically require the assistance of an attorney. Otherwise, it may be pennywise and pound foolish to dispense with an attorney.

There are tax elections, questions concerning when and how to dispose of assets, which claims against a decedent to pay and in what order, what records to keep, etcetera. In addition, the attorney will normally be able to refer the client to qualified professionals for related services.

Note that an attorney is supposed to charge a fee which is appropriate to the services provided. Heirs do have the opportunity to object to attorney's fees on the probate account, if the fees charged are exorbitant compared to the services rendered. That is, there is a check against unnecessary fees, but don't discount the value of the services an attorney can actually provide. At the end of the day, those services can save an heir many times what the services cost.

Re: Will

it depends on the assets of the estate, and your own financial ability to retain an attorney, with an underlying concern of you have reason to believe that without an attorney, you could suffer financially.