Massachusetts Estate Planning, Wills and Trusts

Fundamentally, estate planning involves deciding "who" should receive "what" of your assets – both before your death and also after your death, and then figuring out how best to implement your decisions.

Among the "who" may be governments – in the form of Federal taxes, state taxes or even foreign taxes. Usually people prefer that governments receive as little as possible, but accomplishing that goal may take considerable effort.

Sometimes the "who" includes individuals who are unable to look after their own financial affairs - like the very young, the very infirm or the incompetent. In that case it becomes necessary to work out plans for regulating the availability of assets to dependent individuals - choosing "someone" to look after such individuals and to turn the tap on and off, and deciding when, if at all, assets should be given outright to dependent individuals.

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Sometimes the "who" include individuals who must receive income or assets - for example, creditors, or, under a divorce decree ex-spouses or minor children of a prior marriage.

Sometimes the "who" include charities.

Sometimes the "what" involve assets with unusual features - businesses, farms, art collections, patents or copyrights, contracts - or unusual tax characteristics – like retirement plans, IRAs, stock options, deferred compensation, by-sell agreements between business owners and life insurance.

Depending on the particular case, the process of deciding "who" gets "what" can become quite complicated, and implementing the client's decisions can be at least as complicated.

Understanding the Basics of Estate Planning:

One of the key aspects of implementing the client's decisions is deciding another "who" question – who should control the client's assets after death, and who should be placed in positions of authority over the client's loved ones. This is where the client must choose executors, trustees and, in the case of minor children, guardians.

At KCL, a large part of estate planning involves our listening to what you, the client, want, making suggestions for you to consider based on our training and experience, listening to your reactions to the suggestions, and tailoring possible solutions to fit the your wishes, to fit your intended beneficiaries, and to fit your assets.

Please feel free to call us for a complementary initial consultation.

Jonathan Davis

Mark Lichtenstein

Kenneth S. Federman

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Kerstein, Coren & Lichtenstein LLP