Attorney Brittany Hinojosa Citron discusses our Spring Newsletter, for our Smart Counsel for Lunch Series. Please watch and if you have any questions or want to learn more please call us at 781 461-1020.
Probate
Lawyers Are Expensive – So Why Do I Need One?
It’s no secret: lawyers can be costly. So it’s understandable that many people wonder if they really need one – especially when it comes to estate planning, probate, or administering a trust after someone dies. But here’s the reality: while lawyers may seem expensive upfront, the right lawyer can save you time, stress, and potentially much more money down the line.
If you’ve been named as a Personal Representative of a Will or Trustee of a Trust, you’ve been placed in a fiduciary role – which means that you’re legally obligated to act in the best interest of someone else. It’s not just a matter of paying some bills and distributing assets. You have real legal responsibilities and can be personally liable for mistakes.
Common pitfalls include:
- Misinterpreting the terms of a trust or will
- Missing important deadlines for tax filings or creditor notifications
- Failing to properly account for funds
- Making distributions too early, or in the wrong amounts
- Mishandling assets or overlooking the need for court filings
Even innocent errors can result in disputes with beneficiaries or, worse, lawsuits. A skilled attorney helps you avoid these risks, providing clear guidance tailored to your specific duties and the laws of your state.
So how do you choose a lawyer?
Not all lawyers are created equal. Many attorneys market themselves as estate planners, focusing on drafting wills, trusts, and other planning documents. That’s an essential skillset — but not the only one you should look for.
If you’re choosing someone to help create your estate plan (or to guide you in a fiduciary role), look for an attorney who also handles estate and trust administration. Why? Because they bring a practical, experience-based perspective to the process.
An attorney who has seen how trusts and estates play out after death will draft better documents during life. They’ll know which provisions cause confusion, which funding methods lead to delays, and how to structure things to make life easier for your future Personal Representative or Trustee. They won’t just give you a binder full of documents — they’ll give you a roadmap to making it all work.
This insight can be the difference between an orderly, efficient estate process and one bogged down in costly delays, court involvement, or family conflict.
Legal documents often look good on paper. But the true test of an estate plan is how it functions in real life. An experienced attorney brings something critical to the table: the ability to distinguish between what’s technically legal and what actually works.
Let’s be honest: experienced lawyers aren’t cheap. But there’s a reason for that. You’re not just paying for documents or court filings – you’re paying for peace of mind.
A well-qualified attorney not only ensures that your documents are legally sound and tailored to your goals, but also that your Trust is properly funded, your fiduciary responsibilities are clearly defined and as easy as possible to carry out, and that potential risks are identified and addressed before they become costly issues. In essence, the right lawyer prevents a situation in which your loved ones are left to “just figure it out” after you’re gone.
If you’re taking on the responsibility of a fiduciary – or planning your own estate – investing in the right legal guidance now can prevent much greater expense (and heartache) later.
Bottom line: You don’t just need a lawyer – you need the right lawyer. One with real-world experience in both planning and administration. One who knows how things go wrong, and how to get them right. One who sees beyond the theory and helps you plan for real life. Yes, it may cost more upfront. But in the long run, it’s one of the best investments you can make – for yourself and for those you care about.
The Pitfalls of Probate hosted by Attorneys Brittany Hinojosa Citron and Leah Kofos
Join us for an exclusive seminar on the Pitfalls of Probate hosted by Attorneys Brittany Hinojosa Citron and Leah Kofos right here in the office at SSB. Learn what probate really means, how it works, and what you can do to prepare.
October 2, 2025 6:00 pm Samuel, Sayward & Baler, 858 Washington Street, Suite 202, Dedham, MA
Seats are limited – sign up today! Register here. #ProbatePlanning #EstateLaw #FinancialLiteracy
April: A Guide to Estate Planning
Spring has officially arrived! As the days grow warmer and flowers begin to bloom, we are reminded that spring is a season of renewal and growth, making it the ideal time to prepare for things to come.
Benjamin Franklin famously said: “In this world nothing can be said to be certain, except death and taxes.” Estate planning is all about addressing these certainties, as well as the possibility you may become incapacitated prior to death. Planning is a crucial step in ensuring your assets pass to those you wish to benefit while minimizing delay, expense, and taxes, and ensuring that your wishes are honored. By breaking down the word APRIL into an acronym of key estate planning concepts, we can explore how to create a secure financial future for your loved ones and leave a lasting impact on future generations.
A – Attorney-in-Fact
One of the most critical components of an estate plan is appointing an Attorney-in-Fact. An Attorney-in-Fact is the agent designated in your Power of Attorney to make legal and financial decisions on your behalf should you become incapacitated.
Without a Power of Attorney, and in the event you become incapacitated, your loved ones will have to go through a lengthy and expensive court process to obtain conservatorship to manage your financial affairs. A Power of Attorney ensures that your bills are paid, and your financial interests are protected immediately without Court involvement and the accompanying loss of privacy, delay, and expense.
P – Probate
Probate is the legal process by which a deceased person’s assets are distributed under court supervision. It can be time-consuming, costly, and stressful for surviving family members. Probate involves verifying the deceased’s will (if one exists), paying debts and taxes, and distributing assets to heirs.
However, probate can be avoided with proper planning. Certain financial accounts allow you to name beneficiaries, ensuring that these assets bypass probate and go directly to the designated recipients – provided that those beneficiaries are not incapacitated people or minor children. If you name a minor or incapacitated person, simply naming beneficiaries on an account will not avoid the involvement of the probate court.
So what should you do if you have minor children? An effective plan is to create a Revocable Trust, which allows assets to be transferred outside of probate, ensuring a seamless transition to all beneficiaries, regardless of age.
By taking these steps, you can save your loved ones from the hassle of probate and ensure a smoother distribution of your assets.
R – Real Estate
Real estate is often one of the most valuable assets in an estate, and proper planning is essential to ensure it is handled according to your wishes. Without a plan, real estate may be tied up in probate, delaying access for your heirs or the sale of the property and potentially leading to unnecessary legal fees and disputes.
Placing your real estate in a Trust can help you avoid probate and provide clear instructions for the management and distribution of your property. A Revocable Living Trust allows you to retain control of your property during your lifetime while ensuring a smooth transition of ownership upon your passing. If you own multiple properties, especially in different states, a Trust is particularly beneficial as it avoids multiple probate proceedings.
Additionally, ensuring that real estate ownership is properly titled will also help streamline the transfer process outside of probate.
I – Inventory
An often-overlooked yet vital aspect of estate planning is preparing an inventory of your assets and keeping it up to date. Without a clear record of what you own, your family may struggle to locate and distribute your assets after your passing or in the event you become incapacitated.
A well-organized asset inventory should include a list of income sources, bank accounts, investment accounts, real estate holdings, retirement plans, and life insurance policies, as well as trusted advisors (attorney, accountant, financial advisor, etc.). It’s a good practice to update this inventory every few years and keep it in a secure yet accessible location. Sharing it with your attorney, Trustee, or a trusted family member ensures that they can efficiently manage your estate when the time comes.
L – Legacy
Estate planning is about more than just transferring assets; it is about leaving a meaningful impact on future generations. By carefully structuring your estate plan, you can ensure that your wealth benefits your loved ones in a way that aligns with your values and aspirations. Whether through a well-drafted and well-managed Trust, charitable contributions, or providing financial security for your heirs, your estate plan becomes a testament to your life and the principles you hold dear. A thoughtful legacy is not just about money – it is about ensuring that your influence, generosity, and intentions endure long after you are gone.
Another way to view estate planning is as a means of shaping the future for those you leave behind. It allows you to provide stability, preserve family traditions, and support meaningful causes that align with your beliefs. Whether it is funding education, donating to charity, or ensuring the financial security of your heirs, an estate plan is a powerful tool to make your mark on the world. By taking proactive steps now, you create a roadmap that safeguards your wishes and provides guidance for future generations, ensuring that your legacy extends far beyond your lifetime.
Estate planning is an essential step in securing your future and protecting your loved ones. This April, take steps to build a comprehensive estate plan that ensures peace of mind and a seamless transition of your assets. Start planning today so that your legacy continues for generations to come.
Attorney Leah A. Kofos is an associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC, which focuses on advising its clients in the areas of trust and estate planning, estate settlement, and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit ssbllc.com or call 781-461-1020.
© 2025 Samuel, Sayward & Baler LLC
Ugly Sweater Contest Results and Probate Court Delays Persist
The recent increase in positive COVID-19 cases in the Commonwealth of Massachusetts due to the significantly contagious nature of the latest variant and other factors have led to a reduction of in-person staff at the trial courts, including the probate courts. As ordered by the Chief Justice of the Trial Court, the probate courts have decreased the in-person staff to fifty percent (50%) or less of the total number of staff, and placed staff members on teams that rotate between working remotely and in-person at the office for the health and safety of staff and visitors. This Order is in effect from January 3, 2022, until further notice. The courts remain open to the public for in-person visits unless they are temporarily closed, which closures are noted on this Massachusetts government website, and this Twitter account.
Why Does This Matter to You?
If you are already experiencing holdups in the progress of a probate matter, please be aware that there may be further delays. Likewise, if you are about to file pleadings (the documents that are filed with the Court asking the Court to take some action) in an ongoing matter with the probate court, it may take much longer than usual to receive the response or documentation requested. In our experience, where the initial appointment of a Personal Representative of an estate may have taken 3 to 4 months in the past, we are now waiting up to 6 months or longer for this to occur.
What Are We Doing About It?
Once we submit pleadings to the probate court, we track the progress of your case electronically. We also contact the probate court representatives regularly by telephone, video conference and in-person when possible to be proactive in the event there is an issue that may be easily resolved, and to gently but firmly encourage forward movement on your behalf.
What Can You Do About It?
Have patience. The courts are aware of the frustration and impact caused by the delays as they struggle to address the backlog of cases and meet increased demand while keeping their staff and visitors healthy and safe.
Also, seriously consider completing your own estate plan that avoids probate by creating and funding one or more Trusts, which will allow your estate to bypass the probate court at your death.
Now more than ever is a good time to include a Trust as part of your estate plan. At Samuel, Sayward & Baler LLC, a knowledgeable attorney will explain how a Trust works and the steps you need to take in order to ensure your estate avoids probate at your death. If probate is necessary, Samuel, Sayward & Baler LLC will diligently work with the probate court to advance your probate case through the administration process as quickly as possible.
Attorney Abigail V. Poole is an associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of trust and estate planning, estate settlement and elder law matters. She is an active member and current President Elect of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA). This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit ssbllc.com or call 781/461-1020.
January, 2022
© 2022 Samuel, Sayward & Baler LLC
What’s New at Samuel, Sayward & Baler LLC – Don’t Miss Our October 2021 Newsletter
Don’t miss our October 2021 Newsletter! To see the newsletter https://conta.cc/3nAql8L
Better Late than Never: What Happens When You Wait More than 3 Years to Administer an Estate
Dealing with the death of a loved one is often a stressful, emotionally draining experience. In the midst of grieving the loss, going through the steps necessary to clear title on Aunt Jenny’s house or ensure that dad’s checking account is taken out of his name is often the last thing a person wants to deal with. Frequently, once the grief is less acute, loved ones will circle back and take the necessary estate settlement steps to ensure that everything is out of the decedent’s individual name, but occasionally this does not happen and assets are instead allowed to linger on in the decedent’s name.
In such situations, there is usually a “triggering event” that causes someone to realize that no action was taken. Maybe everyone was content to let cousin Becky live in grandpa’s house (which he held in his individual name) for a while after his death, but now that she’s moved out everyone agrees it’s time to sell, or maybe Mark decided to check the state’s unclaimed property site (www.FindMassMoney.com, FYI) and on a lark entered mom’s information only to discover mom had a bank account in her individual name that everyone forgot about. Whatever the reason, it’s now been several years since the person died and the question on the table is “What can be done to get access to this asset?”
If the loved one died prior to March 31, 2012, then the answer is likely simple: file for a standard probate proceeding just as would be done if the death occurred yesterday. This is because under the law in effect through March 30, 2012, probate proceedings could be initiated in Massachusetts up to 50 years after a person died. However, on March 31, 2012, the Massachusetts Uniform Probate Code went into effect, substantially overhauling the laws governing probate proceedings in Massachusetts. Among the changes was a drastic shortening of the time limit to initiate standard probate proceedings for those who die on or after that date – from 50 years after death to just three years after death.
Fortunately, this 3-year deadline does not mean that grandpa’s house is destined to stay in his name forevermore, unable to be sold or conveyed ever again. Nor does this deadline mean that the state gets a windfall in the form of mom’s unclaimed checking account. Although the deadline to file standard probate proceedings is three years after death, the law permits a special type of probate proceeding, known as a “late and limited” proceeding, to be filed more than three years after death.
As can be gleaned from its name, a late and limited probate proceeding is, well, limited in its scope. Unlike a standard probate proceeding, where the Personal Representative (formerly known as the Executor) has broad authority to deal with the decedent’s probate assets, including taking possession of them and, in some circumstances, selling them, a Personal Representative in a late and limited proceeding only has the authority necessary to confirm that the assets held in the probate estate are now owned by the decedent’s heirs (if the decedent died without a will) or devisees (if the decedent died with a will).
As an example, a standard Personal Representative generally has the authority to unilaterally sell real estate without the consent of the estate’s beneficiaries. A late and limited Personal Representative, on the other hand, generally cannot sell real estate. Instead, the late and limited Personal Representative would confirm that the real estate is now owned by the beneficiary(ies) of the estate, and the beneficiary(ies) would then have to sell the property.
Of course, the best option is to establish an estate plan ahead of time that avoids probate and having the deceased’s estate go through the probate process at all. If that has not been done, and the deceased owned assets in his or her individual name at the time of death, it is generally better to initiate probate proceedings within three years of death. If that’s not possible, worry not, late and limited proceedings are still available to gain access to assets when necessary.
October, 2021
© 2021 Samuel, Sayward & Baler LLC
What are Your Burning Questions When it Comes to Estate Planning?
Probate Administration: It’s a Marathon, Not a Sprint
“We will be done with all of this soon, right?” That’s the question I often hear when working with a client who has been appointed as the Personal Representative (PR) of the estate of a loved one who has recently passed away. My answer is to view the administration of an estate as a marathon, not as a sprint. You will reach the finish line so long as you put one foot in front of the other, but it may take some time and there will be periods when more of your energy is required depending on the obstacles in front of you during the probate process.
The administration of an estate in Massachusetts typically takes a year or more. One reason is that under Massachusetts law, creditors have one year from the deceased’s date of death to file a claim against the deceased’s estate for the payment of a debt owed to the creditor, such as an outstanding balance on a credit card. This often means that as PR you will need to carefully manage and hold the majority of the estate assets for at least a year before final distributions can be made to the estate beneficiaries (those inheriting money from the estate).
It will feel like much of your energy will be expended during the first few months of the estate administration when you are marshalling the assets of the deceased. While it may seem tedious and difficult to methodically discover, document, consolidate, and manage the assets of the estate, you will be fulfilling your fiduciary obligations, and avoid liability to the beneficiaries and creditors of the estate for mismanagement. Your careful approach will benefit you later on when you easily handle other PR responsibilities, such as filing final personal income tax returns, estate tax returns, and fiduciary income tax returns.
All your hard work will pay off at the end of the estate administration process when you account to the beneficiaries by documenting the amounts received by the estate and the expenditures of the estate under your management, and the beneficiaries happily receive distribution of their inheritances from the estate.
Everyone tackles marathons differently, however, in all cases it is beneficial to have support and guidance; training is essential, too. At Samuel, Sayward & Baler LLC we are happy to run the marathon with you, providing support and guidance every step of the way through the probate process. Read more of our articles, attend our seminars, and do not hesitate to contact us when it is necessary for you to embark on the probate administration journey – it will seem like you are crossing the finish line in no time at all.
November, 2018
© 2018 Samuel, Sayward & Baler LLC
Ask SSB
Q: My mom passed away a few months ago. She had a will that leaves everything to me and my sister equally. That means we don’t have to go through probate, right?
A: I wish I could get a hold of the person who started this tale: “If you have a will, you do not need to go through probate.” This is one of the most common misconceptions among our clients. I am happy to dispel this rumor once and for all!
The concept of ‘going through probate’ actually has nothing at all to do with whether or not you have a will. A will is simply a document that outlines who you would like to receive your assets when you pass away. A will states who you would like to serve as your personal representative (formerly known as executor), whether you have specific instructions about the distribution of certain assets and if you have minor children, who you would like to serve as guardian for those children. If you do not have a will, the Commonwealth of Massachusetts has one for you. This is called the intestacy statute. However, you may not agree with what the intestacy statute says—sometimes its terms are surprising. Having a will overrides the intestacy law and allows you to state clearly what your wishes are once you pass away. It can also make the probate process run more smoothly as it allows you to make certain elections in the document (such as a waiver of surety on a bond or license to sell real estate) which can often expedite the whole process.
The answer to your question lies not in the having or not having of a will but rather what assets a will controls and what processes you have to go through to gain access to certain assets when a person passes away. This is where probate comes in. A will only has control over probate assets—these are assets that are held in the deceased person’s sole name with no joint owners and no named beneficiaries. Most IRAs, 401Ks, life insurance policies and investment accounts give the owner the ability to name a beneficiary. This beneficiary designation takes priority over the terms of the will with respect to that particular asset. Even better, the beneficiary often has immediate access to the asset upon providing a death certificate. Likewise, assets titled in the name of a trust are non-probate assets which pass according to the terms of the trust and not the decedent’s will. Therefore, these assets are not subject to the probate process either.
So, the act of going through probate is only required if the deceased person has probate assets (remember—assets with no joint owner, named beneficiary and not held in a trust). The will is the roadmap that determines how the probate process will play out but having a will, in and of itself, does not avoid probate. There you go—this myth is BUSTED!