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You are here: Home / Archives for Probate Court

Lessons in Estate Planning and Privacy from Harper Lee

Harper Lee, legendary and reclusive author of the literary classic, “To Kill a Mockingbird,” passed away in February 2016 at the age of 89. Though Lee fiercely maintained her privacy, she did publish another novel before the end of her life entitled “Go Set a Watchman.” As a result of her literary success, Lee reportedly made $3 million per year in royalties from book sales—just from “To Kill a Mockingbird.” Her estate may be worth an estimated $35 million or more.

What makes Lee’s estate planning a unique case study is, first, that she was not married nor did she have children. Therefore, no apparent, direct heirs exist. However, she did have family, who are still living, including a nephew. Most likely, the estate will be awarded to them. The second part of Lee’s unique and fascinating estate planning is that we don’t know if she set up trusts for her family. Wealthy people often set up trusts for family members, because trusts are kept private. A trust is a secure way to keep one’s finances and who receives the person’s assets after death private. For the author, who was named number four on TIME’s Top 10 Most Reclusive Celebrities list, she would doubtless have wanted to keep her affairs out of the public eye. We have no way of knowing whether Lee got her affairs in order before her death, and her case was certainly one in which not preparing an adequate estate plan would have been against the author’s wishes in life.

According to the American Academy of Estate Planning Attorneys, “A trust is the best way for celebrities and others to maximize their privacy. A will is a public document. Assets titled in the name of the individual are disclosed in a probate proceeding. But, if a trust is funded during lifetime, neither the assets owned by the trust, nor the terms of the trust, become public.” Thus, setting up a trust or trusts would have probably been a suitable course of action for Harper Lee.

At Fields and Dennis LLP, Boston estate planning lawyer Sheryl Dennis is happy to set up trusts for those who want to preserve their privacy, even after they have passed on. As an estate planning lawyer, Sheryl understands that privacy is of vital importance, especially if a person has considerable finances and assets. She is a member of WealthCounsel, ElderCounsel and the Academy of Special Needs Planners. Please contact Sheryl Dennis today if you are looking to set up a trust.

Filed Under: Elder Care, Estate Planning, High-Net Worth, Privacy, Probate Court Tagged With: Celebrity Estate Plans, Estate Planning, Privacy, Probate Court, wills and trusts

Attorney Andrea DeLaney Joins Attorneys Representing Children (ARC)

Fields and Dennis, LLP knows there is never a ‘one-size-fits-all’ solution to family law matters. Each case is different and requires sensitive and sympathetic attention along with innovative and often multi-faceted solutions. However, one aspect of family law does remain constant — children are the most impacted by a divorce. Children are the most important concern, and often times they are not adequately represented or heard.

We are excited to share that Attorney Andrea DeLaney has become involved with the Attorneys Representing Children (ARC) program in the Norfolk County Probate Court. ARC gives a voice to children in high-conflict custody cases and acts as their advocate.

Attorney DeLaney has been trained and certified.  She now volunteers her time and services to this worthwhile program, which assists in matters involving divorce, paternity, custody and visitation, giving the child a voice.

The best interests of the children should always be the priority. As a volunteer lawyer for ARC, Attorney Delaney will work to ensure the best outcome for the child is pursued, allowing the child to have a voice in the process, as well as give the court some guidance in making these difficult custody decisions.

ARC is made possible by the Norfolk County Probate and Family Court, along with the Norfolk Bar Association. Attorney DeLaney is honored to be a part of this valuable program and is looking forward to working on many more cases involving the best interests of children.

Filed Under: Divorce, Family Law, Firm News, Massachusetts Divorce, Massachusetts Family Law, Probate Court Tagged With: Attorneys Representing Children (ARC), best interests of children, Children, Children of Divorce, Custody, custody and visitation, Family Law, Firm News, paternity

Case Law Updates from Family Mediation Quarterly, October 2013

Case Law Updates by Attorney Jonathan Fields from Family Mediation Quarterly, October 2013, including:

  • PC Agreement Held Enforceable.
  • Post-Retirement Alimony Obligations.

 

Read more.

Filed Under: Alimony, Divorce, Family Law, Firm News, Massachusetts Family Law, Massachusetts Mediation, Mediation, Probate Court, Quarterly Reviews Tagged With: Case Law Updates, child support, Family Law, Family Mediation Quarterly, Massachusetts Family Law, Mediation, Probate Court

Case Law Updates from Family Mediation Quarterly, July 2013

Case Law Updates by Attorney Jonathan Fields from Family Mediation Quarterly, July 2013, including:

  • “Agreed upon Educational Expenses” and the Price of Silence.
  • Probate Court has Authority to Allocate Federal Dependency Exemptions.
  • New Child Support Guidelines.

 

Read more.

Filed Under: Alimony, Divorce, Family Law, Firm News, General Posts, Massachusetts Divorce, Massachusetts Mediation, Mediation, Probate Court, Quarterly Reviews Tagged With: child support, Family Law, Family Mediation Quarterly, Massachusetts Family Law, Probate Court

MA Family Law: Imputing Income: Reasonable Efforts to Find Employment

 

The Probate and Family Court imputed income to an ex-wife based on her present ability to obtain employment.  On appeal, the Appeals Court reminds us that the test for imputing income is a two-part inquiry: (1) whether the person has a present ability to obtain a particular job and (2) whether the person exercised “reasonable efforts” in the job search.  Here, the trial court made no findings regarding the second requirement.  Accordingly, the case was remanded to the trial court for further fact finding on the “reasonable efforts” issue.  Ulin v. Polansky, 83 Mass.App.Ct. 303 (February 19, 2013)

Filed Under: Family Law, Massachusetts Family Law, Probate Court Tagged With: Family Law, Massachusetts Family Law, Probate Court

The Vineyard, Valuation, and Present Divisions

After a trial, a Probate and Family Law Court entered a divorce judgment (1) valuing the husband’s 25% interest in a Martha’s Vineyard property at 25% of the market value of the property and (2) awarding a present interest in that property to the wife.  The Appeals Court reversed.

On the issue of valuation, the appellate court noted that, while there was evidence of the market value of the entire Martha’s Vineyard property, there was no evidence as to the husband’s 25% interest – simply valuing it at 25% of market value was without basis.

Further, since the Court acknowledged that the husband’s interest was unlikely to be sold and unlikely to generate income for him, ordering the husband to make a present payment to his wife for $360,000 is “plainly wrong and excessive.”  While the law strongly favors present payments to “if, as, and when” payments, the law also recognizes that where a present division would cause an undue hardship to a party, it is inappropriate.  Elliott v. Elliott, 2011 Mass.App.Unpub. LEXIS 992 (September 6, 2011)

Filed Under: Family Law, Massachusetts Family Law, Probate Court Tagged With: Divorce Assets, Estate Planning, Family Law, Property Division

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

    • Fields and Dennis LLP Fundraiser for K9s for Warriors

    • Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

    • Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

    • 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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