Articles
Should you Designate a Guardian in your Divorce Agreement?
Many divorcing parents put their estate planning issues on the back burner as part of their post-divorce “to do” list. Divorcing parents with minor children or children with special needs, however, may wish to include a guardian nomination provision within their...
What is the role of a Guardian Ad Litem?
Literally, a Guardian Ad Litem is a "guardian for the suit." The specific role of a Guardian Ad Litem in a case depends on the nature of the Court appointment. In the Massachusetts Probate and Family Court, Guardians Ad Litem are frequently appointed to investigate or...
Choosing Guardians for Minor Children – Part 3: In the Context of Divorce
Sometimes my estate planning clients are divorced with minor children and are not on friendly terms with their former spouses. These are four frequently-asked questions about choosing guardians which arise in this context: “Do I have to name my former spouse as a...
Choosing Guardians for Minor Children – Part 2: Factors to Consider
There are a host of factors that might be considered in choosing guardians for a minor child. Not all of the factors and questions raised below will apply to all families or be given the same weight, but they are mentioned as a means to provide some ideas and a...
Choosing Guardians for Minor Children – Part 1: How and When to Nominate
I am often contacted by first-time parents looking to set up an estate plan who have not yet considered or nominated legal guardians for their minor children. These are some of the common questions these clients have. 1. "What is the guardian responsible for?" The...
Why should I have a Will?
"Why should I have a Will?" I am frequently asked this question. While no one is required to have a Will, there are many reasons it is advisable to have one in place. But first, let's back up. What exactly does a Will do? The main purpose of a Will is to direct the...
What is a “Self-Proving Affidavit” and why should I have one?
A Self-Proving Affidavit is a sworn statement attached to a Will that makes the Will a “Self-Proved Will,” where the execution of the Will is proven. In order for the execution of a Will to be valid in Massachusetts, it must be signed by the testator in the presence...
The Issues with Do-It-Yourself Wills
Clients have come to me bearing copies of their Last Will and Testament documents, which they created through do-it-yourself software kits or on-line estate planning services. They offer these Wills to me for a quick review, believing them to be adequate...
What is Collaborative Law or Collaborative Practice, and How is it Different from Traditional Mediation?
Collaborative Law, or Collaborative Practice, is a method of alternate dispute resolution using a multi-disciplinary team approach to resolve a legal issue. The Collaborative Practice model can be applied to any area of civil law, but this discussion will focus on its...
Divorce: Mediation or Litigation?
Many people anticipating an uncontested divorce ask me which divorce process is faster, easier, and less expensive: mediation or litigation? Most people believe mediation is the automatic winner in all of these categories. My short answer is: "It depends." I am not...
Can an individual under a guardianship marry?
Can an individual under a guardianship marry? A prior column focused on some of the different life situations that translate into different definitions of legal intent in the application of certain actions. The understanding is that legal intent is defined differently...
Estate of Confusion: What is in the Marital Estate and how is it Divided?
First, what is the marital estate? The marital estate is the collection of all property, assets, and liabilities which are subject to division during a divorce. In Massachusetts, the marital estate includes any and all property acquired by the parties, regardless of...
Living Wills Vary Among States
For years, there have been computer software do-it-yourself legal kits for everything from incorporating businesses to buying and selling real estate. In the wake of the recent Terry Schiavo matter, where Schiavo's husband and parents litigated extensively over which...
