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What is the Difference between Personal Property and Real Property

Let your Massachusetts Estate Planning Lawyer help you with real property.

Let your Massachusetts Estate Planning Lawyer help you with real property.

When it comes to estate planning, the most important step is to find an elder law attorney. It helps to have an impartial mind at work to make sure your assets are taken care of properly. A Massachusetts elder lawyer can help with wills, set up trusts and making sure that documents concerning transfer of property are done correctly. Most importantly, you’ll be able to ask questions throughout the process. One topic of discussion with your estate planning lawyer will be the difference between personal property and real property. Both are defined by Federal Law.

Real property is your land and any structures you have built on that land. This can include your home, commercial and/or agricultural buildings. As an example, if you own a farm, your real property includes the acreage of that farm and all buildings on that farm.

Personal property includes all other property, such as cars, boats, clothing and furniture as well as stocks, bonds, bank accounts and other personal items. Going back to the farm analogy, your barn would be your real property, but your tractors and other farm equipment would be considered personal property. Changing this to a city scenario, your house is real property, but all the furniture, appliances (except built-in) and your car are personal property.

It is important to understand this concept when planning your estate. When land is transferred, whether by sale or inheritance, by law all real property is included in that transfer. Unless there is a specific agreement, personal property is not included. Your estate planning lawyer will make sure that the details of your estate outline any such special agreements.

Planning an estate can be a complicated issue. Some of the forms, particularly to do with the transfer of property, are complex and there is no room for error. Protect your family’s future, and preserve your peace of mind by getting an elder lawyer to help with that planning. Contact the Law Offices of Adam Tobin.

Tips For Making Your Estate Planning a Smooth Process

estate-planning-paperworkIf you feel that the time has come for you, or an elderly loved one, to truly finalize your estate planning, the time is now to contact an elder law attorney or an estate planning lawyer. When you go for your consultation with a Massachusetts living trust attorney, it is important to have in mind an idea of how you would like your estate planning to go. Below are some useful tips and guidelines that will help you as you work with your Massachusetts elder lawyer.

1. Consider including a simultaneous death clause, which will pass your estate onto your children in the event that your spouse dies shortly after you do.

2. In order to disinherit a child, you must spell that out in your will.

3. Remember to keep beneficiaries on your pension, life insurance and 401K current.

4. Be sure to designate an executor as well as a back up executor.

5. Store your personal and private information in one designated location in the home, preferably a fire proof safety deposit box. This box should include important personal and financial records, as well as computer passwords and PIN numbers.

6. Understand the impact of estate taxes and discuss with your estate planning attorney some options for reducing or avoiding estate taxes.

Remember that upon your death, your family and loved ones will be going through an emotionally taxing as well as stressful time, and you will help them considerably by having your affairs in order. It is important to recognize that with age comes certain responsibilities, and that the sooner you have your estate and other affairs in order, the better off you and your loved ones will be. Contact an elder attorney with any questions you might have regarding Massachussetts and even federal law, and set up an appointment to begin the process of finalizing your affairs. You will feel at ease, and your family will be glad to know that an already taxing time will be much less stressful because of your willingness to work ahead.

The Dangers of a Do-it-Yourself Last Will

do-it-yourself-last-willA do-it-yourself will sounds like a simple and inexpensive way to let your loved ones know your wishes in the event of your death. Doing your own will at home, however, may end up leading to avoidable problems such as taxation and court battles. Do-it-yourself wills may seem like a good deal, but the money put out later could cost a lot more than using an estate planning lawyer to draw up your documents.

Do-it-yourself wills may prove to be invalid if you do not follow all state and federal laws. For instance, if you used a witness with an invested interest in your estate, the will may not hold up in court. It must also be proven that the signatures found on the will were properly witnessed. Also, if the original will can’t be produced, your wishes may not be followed. An estate planning lawyer typically stores your will in a fireproof location to ensure the original can be produced in court. An estate planner could also be called into court and testify about the validity about the claims included in the will.

The language used in the will must be perfect for claims to be valid. As an example, a court could interpret the wording wrong and subject your assets to costly estate taxes. Estate taxes can deplete the funds you leave behind for your beneficiaries. Instead, meet with an estate planning attorney to go over the language and inclusions of your documents to prevent will contests. Otherwise, your family may then be forced into a legal battle and be forced to pay an exorbitant amount of court and probate lawyer fees.

The biggest downfall of a do-it-yourself-will package? You don’t receive personalized advice from an estate planning attorney. The will software packages can provide general advice, but won’t be helpful if you have a more unique situation. Will software packages are not likely to provide you with guidelines on how to handle domestic partnerships, children from other marriages, disinherited children or special needs children. As an example, a stepfather who claims in his do-it-yourself will to leave all his assets to his children may find his stepchildren cut out of any inheritance money he meant for them. Also, living trusts and power of attorney are not usually properly handled in online will programs. In these cases, set up a consultation with a living trust attorney.

Do-it-yourself will software packages may require you to fix errors later on. Get your will right the first time by meeting with a licensed and professional estate planning attorney. Reduce family conflict by clearly stating your wishes and keeping the proper documentation stored with a lawyer. The Law offices of Adam Tobin is waiting to hear from you to create your legal and valid last will and testament.

Elder Attorney, Adam J. Tobin's offices are located at 809 Turnpike Street, North Andover, MA 01845. Elder law council and other services are offered for the Essex County, Middlesex County, Worcester County and Suffolk County in Massachusetts communities.

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