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Divorce and Trust Interests: Demystifying the Legal Landscape for the Practitioner

The interplay between divorce and trust interests may be one of the most vexing for practitioners and mediators.  This primer attempts to synthesize the legal landscape in this area and to demystify the issue so that we may better serve our clients. Read the article by Attorney Jonathan Fields.

The Landmark SCOTUS Decision that Impacts your Inherited IRA

In a landmark decision handed down on June 12, 2014, the United States Supreme Court held that inherited IRAs are not protected from creditors in a bankruptcy claim. In Clark v. Rameker, the Supreme Court unanimously held that retirement funds inherited by a beneficiary after the original plan participant’s death are not considered “retirement funds” in accordance with the federal bankruptcy exemptions. Consequently, an inherited IRA may be considered an asset of a bankruptcy estate from which to satisfy creditors’ claims. Read more.

An Introduction to High-Net Worth Estate Planning

Estate planning is an important concern for anyone who desires their affairs be handled according to their wishes after their death.  Planning for high-net worth individuals and families is complex and dependent upon the particular desires of the family.

High-net worth estate planning should be handled carefully, so that your estate, which you’ve worked hard to build, is properly handled and the future of your legacy is secure. Read more.

College Planning for Special Needs Students

College is an investment in your child’s future and it is no doubt worth it, but with education costs rising, it can certainly be expensive. Planning for your child’s education should be a priority and many benefit from starting early. Starting a “college fund” in a child’s early years can be a smart investment, as it maximizes the amount of time you have to save, while also maximizing the amount of interest your money has time to earn.  Many consider a 529 College Savings Plan a great way to save for college because it sets aside the money and grows tax-free. But if your child has special needs, there may be more to consider. The Academy of Special Needs Planners recently discussed ‘College Savings for Students with Special Needs’ in their most recent newsletter, highlighting the pros and cons involved with various types of college savings options. Read more.

Fireside Reading with a Side of Estate Planning

After creating a will, circumstances may emerge that prompt a desire to change various aspects of the document. Divorces, new marriages, additional children, familial disagreements and shifting allegiances to charities can each impact a will. Adding a codicil is a way to amend the document without creating an entirely new document.  A codicil is a supplement to your will which changes, revokes or adds a new provision.  Yet, it is not necessarily easier to make a codicil than it would be to create a new will.  The same formalities are required for both, including the presence of witnesses.  The codicil becomes a part of the original will, and the codicils along with the will make up one complete document. Read more.

Estate Planning Lessons from Tony Soprano

The tragic and untimely death of James Gandolfini shocked and saddened fans of the talented actor. And, since his will became public last month, there has been much commentary on the state of his affairs prior to his passing.

The actor’s will exposes common estate planning problems that can easily occur with blended families. Gandolfini had a 14-year-old son from a previous marriage and a one-year-old daughter with his second wife, who he was married to at the time of his death. Read more.

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    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.

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