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You are here: Home / Archives for Family Law

Undue Influence and Estate Planning: What You Need to Know

When we think of “Undue Influence”, we think of contested wills, families divided and older, vulnerable people exploited by self-interested relatives. Declaring undue influence is often used as a reason to contest a will or estate plan, but there are two ways to consider undue influence in estate planning.

If you’re the one drafting a will or estate plan, it’s important to avoid any ambiguity about your estate planning decisions and who may have influenced them. When you distribute an inheritance in a way that’s uneven, questions of undue influence may be raised, especially if the main beneficiaries of the inheritance are involved in the estate planning process to the exclusion of the others. Things you can do to ensure that your wishes appear crystal clear to others and free of undue influence include getting a formal assessment of your mental capabilities before you draft estate planning documents and making sure family members aren’t present at discussions about your will with your attorney. This last step may need to be so clear-cut that you should avoid being driven or accompanied to your attorney’s office by a family member or loved one benefiting from your will.

If you are a family member that suspects undue influence, there are three things you need to be able to prove: firstly, that the affected family member or loved one was acting in an unusual way when he or she allotted property in the estate plan, secondly that the loved one or family member was frail, old, mentally incapable or in some way vulnerable to influence, and thirdly that the person who is alleged to have been the influencer had the opportunity to do so. In general the burden of proof in this situation is on the person or people who are asserting undue influence. Sometimes it works the other way, for example if the alleged influencer had a fiduciary relationship with the relative or loved one. This could
include a child, spouse or agent under a power of attorney.

Some signs of undue influence include evidence of coercion or harassment, and also attempts to isolate the loved one or relative from other family members or friends.

Contact Us

If you suspect undue influence or want to protect a will from being contested on grounds of undue influence, contact Attorney Sheryl Dennis. Attorney Dennis is highly experienced in the areas of estate planning and elder law. She can help you draft a will in which your wishes are clearly outlined or discuss with you the best way to challenge suspected undue influence. Please contact Fields, Dennis & Cooper today, to see how Attorney Dennis can help.

Filed Under: Elder Care, Estate Planning, Family Law, Massachusetts Family Law Tagged With: Contested Will, Elder Abuse, Elder Law, Estate Planning, Undue Influence

Essential Fall Seminar – AAML’s “Sophisticated Divorce Topics”

AAML logoaaml-eventThe Massachusetts chapter of the AAML is offering an essential Fall seminar to quickly familiarize attorneys with the topics on the AAML national exam. A mix of nationally known and locally respected faculty will teach such topics as divorce taxation; business valuation; divorce bankruptcy; interstate and international child custody and support jurisdiction; principles of custody, pensions and more. Subjects covered are also on the certification tests of many states that recognize the certified family lawyer credential.

The seminar is a fast-paced and efficient way of preparing attorneys for the difficult topics covered on the national exam. The dates to mark on your calendar are Friday, September 23rd from noon to 8pm and Saturday, September 24th from 8am to 2pm at the Back Bay Harvard Club, 374 Commonwealth Avenue, Boston. The price is $395.00. Please see PDF above for more details.

Filed Under: Family Law, Firm News

Jon Fields Appointed as Member of the Child Support Guidelines Task Force

Fields and Dennis LLP is proud to announce that Jonathan E. Fields has been appointed as a member of the Massachusetts Trial Court’s Child Support Guidelines Task Force. The Task Force is responsible for conducting the quadrennial review of the guidelines required under Federal law.

Jon joins the Chairperson of the Task Force, the Honorable Angela M. Ordonez, Chief Justice of the Probate and Family Court Department, along with other members including representatives from the Probate and Family Court, the Department of Revenue, the domestic relations bar, and legal services organizations.

Filed Under: Family Law, Firm News, Massachusetts Family Law Tagged With: child support, Massachusetts Child Support, Massachusetts Family Law

Jon Fields to Attend Top Divorce and Finance Event

The AICPA/AAML National Conference on Divorce is an annual event that offers unparalleled opportunities to gain comprehensive insights on the financial aspects of divorce in the company of some of the Country’s top Divorce Attorneys and Chartered Public Accountants. As well as offering the advantages of a forum to network and learn from peers, expert speakers have previously presented on topics as diverse as Intellectual Property, healthcare and issues specifically encountered by women and LGBT couples. Jon Fields will be attending this year’s conference in New Orleans, May 2016. Fields and Dennis LLP looks forward to the insights this event will doubtless bring, as we anticipate returning to our practice with new perspectives and deeper professional insights on some of the most pressing and complex issues that our clients face.

Filed Under: Alimony, Divorce, Family Law, Firm News, High-Net Worth, Investments Tagged With: complex divorce, Divorce, Divorce Assets, Divorce Planning

Estate Planning and Second Marriages

Maintaining an updated estate plan is an important aspect of financial care. It is especially important to update following a divorce and/or the start of a second marriage. Blended families and new marriages create an interesting problem for will-makers, as they must find a way to honor the new spouse and children without disregarding children from the previous marriage.

This sort of incorporation is a difficult and delicate task, but not impossible with the proper guidance. The key to success is fully understanding the current family dynamics of the client. Family dynamics can shift over time, and so providing grounded advice on how to pass down assets and what estate planning tools work best for the situation is crucial.

A spousal trust tool is one of the most useful tools; it ensures that the surviving spouse will have access to trust assets during their lifetime and that these remaining assets will pass onto the children of the predeceased spouse. This form of trust allows for rollover treatments and graduated rates of taxation. Other estate planning tools could include careful splitting of assets, and the designation of life insurance to children.

At Fields and Dennis LLP, we treat our clients with the utmost respect during the delicate process of estate planning. We are a trusted firm that openly communicates with our clients during this planning process. Please contact us today if you are looking for a trusted and strategic Boston divorce lawyer.For more on estate planning in a second marriage: http://www.huffingtonpost.ca/suzana-popovicmontag/second-family-will_b_8010438.html

Filed Under: Divorce, Divorce and Family Law, Estate Planning, Family Law, Marriage Tagged With: blended families, Estate Planning, Estate Planning Tips, Second Marriage

Jonathan Fields Admitted as Fellow to the American Academy of Matrimonial Lawyers (AAML)

AAML logoFields and Dennis LLP would like to congratulate Jonathan Fields on his admission into the American Academy of Matrimonial Lawyers (AAML) as a Fellow. The AAML, according to its website, is “comprised of the top 1,600 matrimonial attorneys throughout the nation.” The AAML website notes that Fellows “are generally recognized by judges and attorneys as preeminent family law practitioners with a high level of knowledge, skill, and integrity.” Jon is one of only 49 Fellows in Massachusetts.

Filed Under: Family Law, Firm News, Massachusetts Family Law Tagged With: AAML, Family Law

Jon Fields Selected for Inclusion in 2015’s Best Lawyer’s in America Edition

Fields and Dennis LLP would like to congratulate Jon Fields on his inclusion in 2015’s The Best Lawyer’s in America© publication. Jonathan E. Fields was selected by his peers for inclusion in The Best Lawyers in America 2015 edition in the area of Family Law.

The Best Lawyers in America listing has been described by a Federal Court Judge as “a shorthand way of knowing a person is possessed of all the skill, the integrity, and the qualifications to serve and meet the highest ideals of a lawyer.” Its quality as a professional directory is due to its exhaustively peer-reviewed research process. The publisher has stated that Best Lawyers is the oldest peer-review publication in the legal profession.

We anticipate that Jon Fields’ inclusion in this respected publication will help him reach more of the clients and peers who may benefit from his expertise in the field of Family Law.

 

Filed Under: Divorce and Family Law, Family Law, Firm News Tagged With: Family Law, Family Law Attorney, The Best Lawyers in America

How the Courts Decide on Alimony

Alimony is an explosive topic. Some people totally agree with it, while others are firmly against it. Either way, alimony can be a large part of divorce, and the financial aspect can be lengthy and costly for the party that will be paying the alimony. The decision of granting alimony by the court depends on several different factors that many people don’t even realize. For instance, a major factor is marital fault. The reason for the breakup of a marriage could affect the amount and duration of alimony in the eyes of certain judges. If one spouse has evidence of cheating, that could affect the alimony outcome, for example.

Another factor is the length of the marriage. Think about this: How long have you been married? Five years v. 25 years makes a huge difference, and with the latter, age plays into the equation. If you are a young person who is divorcing, the courts may look at you as someone who can easily obtain work. However, if you’re an older person, the courts may see you as unable to pay any type of support for a long period of time. Then there is the lifestyle during the marriage. Did you both live extravagantly? If so, this luxurious way of living may be over for the both of you. However, if you are a non-working spouse and are accustomed to a certain lifestyle, alimony may play into your favor. Then there is Social Security to consider. Did you know that if a non-working spouse, who had been married over 10 years to the former spouse and has not remarried, is entitled to her/his ex’s Social Security benefits? This becomes an element of alimony.

Health comes into decision-making as well. If a spouse isn’t in good health and is unable to sustain a job, this will affect how much and for how long s/he will receive alimony. For instance, if Spouse A has been out of work for two years and can’t return, then Spouse B may have to pay a larger portion toward alimony than originally expected. Besides health, kids are a major concern too. Who are the children going to live with? If they live with you, you may be entitled to more money, since the workday is shortened due to childcare. If they live with your spouse, s/he may be entitled to a larger sum.

Other monetary sources can pose an issue. Say, for instance, you have another source of income or a trust—this monetary source may affect how much alimony you receive or pay. A buildup of assets is important to note. For instance, if your husband built up his law practice while you were married, he now has to pay you half its value. The receipt of this lump sum could possibly reduce alimony payments down the line.

At Fields and Dennis LLP, attorney Jonathan E. Fields has almost 25 years of experience in Family Law, including alimony proceedings. He has been listed in The Best Lawyers in America ® 2015 edition in the field of Family Law. He is also an Executive Board Member of the Massachusetts Council on Family Mediation and a Panel Member of the Children and Family Law Trial Committee for Public Counsel Services. Please contact him today if you are looking for a trusted and experienced Boston divorce lawyer.

Based on this article: http://life.familyeducation.com/divorce/alimony/45556.html

Filed Under: Alimony, Divorce, Divorce and Family Law, Family Law Tagged With: Alimony, Divorce, spousal support

Jonathan Fields Speaking on Family Law Mediation in Wellesley

Fields and Dennis LLP is pleased to announce that Jonathan Fields will be speaking on the topic of “Mediation Challenges for the Family Law Practitioner” in Wellesley on April 8th.

He, along with Kate Fanger, Esq. and Ellen Waldorf, Esq., will be presenting on behalf of the Massachusetts Council on Family Mediation (MCFM) at the Wellesley Public Library.

Jon recently completed a two-year term as President of the MCFM and continues to serve on its Executive Board, as he has since 2005. With extensive experience as a neutral, he is well-versed in the rewards and challenges of family law mediation, and he has successfully mediated many family law disputes between couples.

The event is from 2 – 4 p.m. Please contact Jonathan Fields for additional details or if you wish to discuss this topic.

Filed Under: Family Law, Firm News, Massachusetts Family Law, Massachusetts Mediation, Mediation Tagged With: Family Law, Massachusetts Council on Family Mediation, MCFM, Mediation, mediation challenges, Wellesley family law, Wellesley Public Library

Choosing a Divorce Lawyer (VIDEO)

Choosing a divorce attorney is a highly personal experience and there are many factors that should influence your decision. Finding a divorce lawyer that you connect with and trust is important, and it is equally essential that they have the capabilities to handle the unique circumstances of your individual situation.

Watch this video to hear Attorney Jon Fields’ advice on finding the right divorce lawyer to handle your case.

Filed Under: Divorce, Family Law, Firm News, High-Net Worth, Massachusetts Divorce, Massachusetts Family Law Tagged With: choosing a divorce lawyer, Divorce, Divorce Attorney, Family Law, High-Net Worth Divorce, legal advice, legal video, Massachusetts Divorce

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Phone: 781.489.6776
Fax: 781.489.6233
80 William Street — Suite 210
Wellesley, MA 02481 USA

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  Fields and Dennis LLP is proud to congratulate Sheryl Dennis, Vicki L. Shemin and Jonathan Fields on being selected as Top Lawyers for 2022 by Boston Magazine. The Boston Magazine Top Lawyers list is extensively peer-reviewed and curated to bring together the top quality attorneys in Boston, making it easier for anyone seeking an […]

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    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

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    • Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

    The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts. Attorney Jonathan Fields is a recognized authority on bitcoin and divorce

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