Author's posts
Mar 14
Lawyers and Litigants: Beware of Frivolous Lawsuits
There is a statute in Massachusetts, G.L. c.231, section 6F, that authorizes an award of reasonable attorney’s fees incurred in litigation when “all or substantially all” of the opposing party’s claims are “wholly insubstantial, frivolous and not advanced in good faith.” If a judge finds that the claims meet that standard, the statute mandates the …
Aug 23
The Supreme Court’s Landmark DOMA Decision
In a historic ruling on June 26, 2013, the Supreme Court struck down Section 3 of the federal Defense of Marriage Act (DOMA) which defined marriage as a legal union between one man and one woman as husband and wife for the purpose of all federal laws. DOMA prohibited married same-sex couples from taking advantage …
Mar 13
Don’t Forget About Digital Assets in Your Estate Plan
For many of us, our primary means of communication is email. Some of us like to keep in touch with friends and family by sending “tweets” or updating our Facebook and LinkedIn accounts. We store family photos and other important information online, on a website or in the “Cloud.” We access our financial assets, such …
Oct 11
Highlights of the Newly Enacted Uniform Trust Code
On July 8, 2012, Massachusetts enacted the Uniform Trust Code (UTC), which codifies the existing laws pertaining to trusts, but also clarifies, simplifies and modernizes the rules governing the administration of trusts. Massachusetts joins more than twenty states in adopting the UTC with the intent of providing trustees with greater flexibility in the administration of …
Jul 03
More on…Estate Planning
I am always amazed at how often I hear someone say that they do not think they need a will because they are either not married or do not have children. In fact, that is all the more reason to have an estate plan! I recently came across a statistic that is alarming: 50% of …
Mar 21
The Reluctant Estate Plan Client
The greatest challenge I face in my estate planning practice is motivating clients to follow through with an estate plan. I have seen firsthand the financial and emotional toll on families when the proper planning is not done. Yet as much as I try to educate clients and potential clients about how proper estate planning …
Sep 22
News from the Estate Planning Department
You may or may not be aware that the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 contains several changes that favorably impact estate planning and taxes through 2012. These laws, however, will expire on December 31, 2012, and without further action by Congress, will revert to the laws in effect in …
May 31
Business Succession Planning: Be Prepared
According to the Small Business Administration, approximately 90% of all businesses are closely held and family owned. However, of those, only 30% succeed into the next generation, and a mere 15% survive into a third generation. Why do 70% of family businesses fail to succeed into the next generation? The primary reason is that family …
