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December 2017 Archives

What should I know about formal probate petitions?

When it comes to probate, a plethora of questions may be on your mind and you may need to focus on various facets of the law. For example, many people move forward with filing an informal probate petition, while formal probate is necessary for others. Moreover, you may need to take a different approach depending on whether your loved one died with a will or without a will. If you are filing a formal probate petition, there are a number of pointers that may be helpful for you to go over.

5 essentials of estate planning

Let's put this right out there: You don't have to be wealthy to need estate planning. You've got a home, cars, investment accounts, household goods, etc. The estate plan determines what will happen to these assets in the event of your untimely demise. And since we all must "demise" some day, putting a plan in place is common sense.

The breach of fiduciary duties

Many probate issues can complicate life for beneficiaries and executors alike, but allegations that an executor has breached their fiduciary duties are very serious. Some of the time, these accusations are true and an executor did fail to respect his or her fiduciary duties. For example, an executor may have intentionally chosen not to distribute the assets of an estate appropriately. On the other hand, there are times when these allegations are altogether false, whether a beneficiary does not understand what was put forth in the estate plan or intentionally launches a false accusation. Curley Law Firm knows how hard these standoffs can be for both sides and the impact these disputes can have on families.

What you should know when you become a guardian

FindLaw defines a guardian as "someone who makes legal decisions for another person, called a ward, who is unable to make those decisions on [his or her] own." Experts at Curley Law Firm LLP have assisted many Massachusetts residents who, for reasons outside of their control, have needed to establish guardianship in the best interest of a friend or loved one.

Establishing guardianship for an adult

Many different legal matters may arise in probate court, leaving entire families unsure of what the outcome will be. However, guardianship proceedings can seem particularly complicated for those who may not be familiar with the process. However, establishing guardianship can be an excellent way for people to help take care of their loved ones when they have become incapacitated due to a mental illness or another issue. Curley Law Firm understands how emotional and even stressful these hearings can be for people in Wakefield and all across Massachusetts, which highlights the importance of reviewing the situation thoroughly.

Information included on a medical certificate for conservatorship

When a person in Massachusetts does not have the capacity to manage his or her own financial affairs, the court may appoint someone to be a conservator. According to the Massachusetts Guardianship Association, this cannot happen without an evaluation and an official medical certificate from a licensed professional.