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If you do not have an updated will/trust, upon your death your estate will be divided in accordance with Massachusetts' intestacy laws. For example, if you are married with children, this law states that a portion of your assets will be distributed to your spouse and the remainder divided among your children. A properly designed and implemented estate plan will ensure that your assets are distributed at your death in accordance with your wishes; that a guardian of your choice is appointed for your minor children; and that your estate will be administered in the most cost effective manner, reducing estate taxes and probate expenses. A properly drafted estate plan protects what's most important - the loved ones left behind. A Comprehensive estate plan should at a minimum consist of: Will: Estate distribution plan Power of Attorney: Facilitates administration of assets during period of disability Health Care Proxy: Directs medical care during periods of disability Various types of trusts or trust provisions may be appropriate to avoid costs associated with estate administration (Probate), reduce taxes, or provide for special needs of family members. Estate Taxes Whether your estate is large or small, substantial savings will result in properly planning for the possibility of estate taxes and the administration of your estate. Most people don't generally concern themselves with estate taxes because they tend to underestimate the value of their estate. Your estate for estate tax purposes includes all the assets which you have an interest in including jointly held property, life insurance proceeds and the value of beneficial interests in assets held in trust for your benefit. With sky-rocketing real estate values, life insurance provided by your employer, and growing mutual fund and 401K/pension accounts, your estate may be much higher than you have previously estimated. Failure to plan could cost you or your loved ones thousands of dollars in estate taxes and probate fees. For example, a taxable estate of $2,000,000 could result in an estate tax of over $500,000.00. This tax could be eliminated in its entirety with proper planning. Similar results can be achieved to a greater or lesser extent depending on the size of your estate. Attorney John Carleen, with over 30 years of experience, is uniquely positioned to professionally plan, draft and implement those instruments and strategies necessary to reduce taxes and costs of administering the estate. |
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