A common misconception about estate planning is that it only impacts what happens when you pass away. While that is often the focus, it can also include decisions that affect you during your life, such as who will make medical and financial decisions for you if you cannot. Your estate planning needs may change throughout your lifetime.
We work with families with various estate planning needs. We work to understand your goals and needs. We review your existing documents, prepare new documents, or update your current documents when necessary.
Cassidy Law consults with you to review the contents of your estate, discuss your goals and objectives, and evaluate any special needs or unique circumstances you may have. We provide advice in choosing personal representatives, trustees, guardians and other agents. We also counsel you on developing a plan to manage your estate during your life and upon death in accordance with your wishes.
The four most important documents to any estate plan are wills, trusts, powers of attorney, and health care proxies.
Asset Protection
We understand that asset protection is an important part of estate planning for our clients. Preparing a comprehensive asset protection plan as part of your estate planning will allow you to minimize tax liabilities, protect against creditors, plan for long-term care, and protect your legacy. Our experienced estate planning attorneys will help you to develop asset protection strategies that are tailored to your unique goals.
Wills
When most people think of estate planning, they most often are thinking about a Will. A Will not only distributes a person’s assets after their death, it can also serve other purposes. For example, a Will can name the guardian of any child under 18, create trusts for minor children, and name personal representatives, trustees and other fiduciaries. It is important to understand the various elements that can be included in a Will to manage your estate after your death and to ensure your wishes are followed. Cassidy Law will draft your Will in accordance with a comprehensive estate plan and provide you with peace of mind that your intentions will be fulfilled.
Trusts
Trusts are flexible legal tools that can be formed to carry out many purposes, as such, there are numerous types of trusts. Some trusts care for money given to a minor, while others provide for the ownership, enjoyment and dispersal of property until certain conditions are fulfilled or to protect property should the owner become incapacitated. Certain trusts, such as revocable living trusts, can prevent the need for probate. Other trusts can help reduce federal and Massachusetts estate tax. Our attorneys can guide you in selecting and drafting the appropriate form of trust to suit your estate plan.
Power of Attorney
A durable power of attorney allows another person you trust to stand legally in your shoes in carrying out a multitude of financial transactions if you are unable to do so. Such transactions include writing checks, making withdrawals and deposits from bank accounts, transferring your personal or real property, executing legally binding documents, paying bills, making gifts, creating trusts, and pursuing legal claims. We will explain the responsibilities and limitations your durable power of attorney will have and will help to ensure your financial affairs are in order.
Health Care Proxy
A Health Care Proxy is similar to a power of attorney in that you are appointing someone to make decisions on your behalf. With a power of attorney, you appoint the agent to make financial decisions. With a Health Care Proxy, you appoint an agent to make medical decisions for you if you are not able to do so. We will work with you to understand this very important appointment so that you ultimate wishes are met.
Transfer of Assets
Depending on your goals and particular circumstances, setting up beneficiary designations on your accounts might make sense – in some cases, that might mean not probating your Will, which may or may not be best for your situation. In other cases, transferring assets during your lifetime might simplify the administration of your estate or minimize the tax consequences. However, it is critical that clients discuss their goals with an experienced estate planning attorney to ensure these assets are transferred correctly – a simple mistake can undo your careful planning. Cassidy Law has extensive experience in transferring assets to meet out client’s estate planning goals.
Probate and Estate Administration
Administering an estate for family members or other loved ones can sometimes be burdensome. Our team works closely with personal representatives to ensure that they accomplish their legal duties and help them better understand the probate process and issues that may arise. We assist personal representatives, from filing the necessary paperwork with the applicable Probate Court to making final distributions to beneficiaries. Our team at Cassidy Law is especially sensitive to the emotional issues that can arise among grieving loved ones.