Areas of Practice
We provide representation to clients in the following areas:
Estate Planning
To be effective, your estate plan often requires more than just a Last Will & Testament.
More importantly, since the Last Will & Testament only becomes effective at death, doesn’t it make sense to have documents that can provide value during your lifetime?
We work with you to review and establish a comprehensive estate plan, including:
Durable Power of Attorney - document in which you provide someone with authority to manage your real estate, financial and business matters.
Health Care Proxy - document in which you provide someone authority to make medical decisions when you are unable to communicate them on your own.
Advance Health Care Directive (i.e. “Living Will”) - document which is an expression of your wishes for end of life and funeral preferences.
Last Will and Testament - document that can be stand-alone or used in conjunction with a Trust. The Will distributes your assets, allows you to appoint a Personal Representative (i.e. “Executor”) and a guardian for your minor children and/or pet following your death.
Revocable/Living Trust - a ‘Revocable/Living’ trust means it can be changed during your lifetime, as long as you have legal capacity. This is contrary to an Irrevocable Trust (like a ‘Medicaid Trust’ or Insurance Trust) which not intended to be changed and the creator of the trust relinquishes control over the asset held by the trust. A Revocable/Living Trust keeps the creator of the Trust in charge and provides superb flexibility in establishing distributions to multiple beneficiaries and/or over an extended period of time.
Proper use of any type of trust will often help avoid Probate Court at the death of the creator.
Probate / Estate / Trust Administration
Probate is necessary when you need permission by the Court to gain access to an asset owned by the decedent (the deceased individual).
In Massachusetts, there are three (3) primary options to administer an estate through Probate Court. The Petition filed is often dependent on the assets owned at the time of death, the known location and relationship between the heirs/beneficiaries, and whether the original Last Will and Testament is being submitted to the Court.
Kittredge Law P.C. can guide you through the administration of an estate and/or trust, including obtaining the appointment as Personal Representative and navigating assets through Probate Court, if required.
Guardianship and Conservators (Adults only)
An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care.
The appointment of a Guardian is necessary as a means of providing and authorizing continuing medical care and supervision of the incapacitated person.
The appointment of a Conservator is necessary or desirable as a means of providing continuing care and supervision of the property and business affairs of the person to be protected.
We can assist you through the process of obtaining Guardianship and/or Conservatorship, and the subsequent mandated reporting.
Often times, having a Durable Power of Attorney and Health Care Proxy in place avoids the need for such actions through Court, while protecting your privacy and saving considerable time and expense.