Your Future Is Our Practice

Estate Planning

No one wishes to think about what will happen if they become seriously ill or die, however trying to make important decisions for someone else during a time of crisis is distressing. Does your family know what you want? Do they know if you wanted to be kept on life support? Did you tell them which interventions you want, and which ones you might not want?

This is why a well drafted Estate Plan, including a Health Care Proxy and Living Will, is a gift to your loved ones if you become incapacitated. A well drafted Estate Plan:

• Gives your loved ones peace of mind
• Minimizes stress
• Reduces potential conflicts among family members

Guiding You Through the Complexities of Probate

When it comes to the transfer of money and property upon someone's death, the state wants to monitor it for possible fraud. To do so, states created a series of rules and regulations that must be followed to ensure that all property passes to heirs as intended or, in the absence of a will, as mandated by law.

This is the probate process. In Massachusetts, we call it probate of will (if there is a will) or administration (if no will exists). If no will exists, property will pass to blood relatives according to the laws of intestacy.

When drafting an estate plan, our strategy is simple. First, to ensure your desires are properly executed. Second, to work with you and your financial advisor to tailor a plan to maximize the amount of assets your Estate will keep and to minimize tax liability through the use of trusts, gifting and other legal means that let assets bypass the probate process.

Why Avoid Probate?

While probate sounds innocuous, it actually has many drawbacks:

• It is complex, creating a hassle for the family.
• It is a lengthy process, involving a minimum of one year until the estate is closed.
• It is a public record, which could invite objection and scrutiny.
• It is expensive, because state administrators and attorneys must handle it.

Do You Want to Contest a Will?

Disputes over last wills and testaments are not uncommon. Red flags that a will contest is in order could include:

• Last-minute changes to a will (a deathbed will)
• Changes made when a person has questionable mental capacity
• Changes made when a person is in a nursing facility
• Changes made while a person is under court guardianship, or changes made by a new attorney rather than the family's long-standing attorney
• Inheritance of everything by a second spouse while children from the first marriage are excluded

If you believe a will is invalid, reach out to us to assess the situation and explain how to proceed.

Available for Any Probate Needs

We offer free consultations so we can listen to your concerns and assess which options might be best for you. You can call (508) 540-6500 or contact our office to schedule an appointment.

Attorney Morse currently represents businesses and individuals with prosecution and defense of civil claims before the District and Superior Courts, ensuring that litigants' rights are being upheld. Causes of action have included, but are not limited to:

• Torts (civil wrongs such as negligence, battery, conversion)
• Drafting and enforcement of contracts
• Prosecution and defense of discrimination claims before the Massachusetts Commission Against Discrimination
• Enforcement of mechanics liens for small businesses
• Liquor licensing
• Defense against debt collectors
• Business law and Uniform Commercial Code disputes
• Motor vehicle Lemon Law cases
• Failure to pay insurance claims

Landlord / Tenant Issues

The relationship between a landlord and a tenant is a highly complex body of law that can impose significant liability on a party if certain steps or formalities are not properly followed. Failing to keep a property up to certain codes, engaging in any kind of retaliation against a tenant, or failing to properly evict a tenant can subject a landlord to treble damages (usually determined to be three months' rent) and attorney's fees, and in some circumstances result in the dismissal of an eviction case. Bottom line: both tenants and landlords have rights! A consultation with an attorney is highly recommended.

If you are a landlord who needs assistance removing a tenant, or you are a tenant in need of assistance, contact our office. Attorney Morse has successfully helped both landlords and tenants in the District Courts.

Immigration

If you are thinking about applying for your "green card" or applying for naturalization, navigating the web of the U.S. government can be daunting. Attorney Morse has many years of experience helping persons adjust their immigration status before the United States Department of Homeland Security to become lawful permanent residents or citizens of the United States. Contact the office for a free consultation on your immigration status.

Full details for our mediation services are being added. Mediation can offer a faster, less adversarial path to resolving a dispute outside of the courtroom — contact the office directly at (508) 540-6500 to discuss whether mediation is right for your situation.