These FAQs are for general informational purposes only and are not intended as legal advice. Laws and outcomes vary by jurisdiction and individual circumstances.
Do I need a will or a trust?
Wills and trusts serve different purposes. A will generally addresses assets that pass through probate, while a revocable living trust can provide a framework for managing trust assets during life and after death. The appropriate planning structure varies depending on a person’s assets, family circumstances, and goals.
If I have a revocable living trust, do I still need a will?
A revocable living trust plan commonly includes a pour-over will as a companion document. The pour-over will can address assets that remain outside the trust at death and may also include provisions such as the nomination of guardians for minor children. The documents are intended to work together as part of an overall estate plan.
I own property in both Florida and Massachusetts. Do I need separate estate plans?
Owning property in more than one state can add another layer to estate planning. Different states may have different rules involving probate, property ownership, homestead protections, taxes, and title. Multi-state planning generally focuses on coordinating those issues within one overall plan.
If I live in Massachusetts but own a home or condominium in Florida, will my family need probate in Florida when I die?
Florida real estate owned individually at death can sometimes result in a separate Florida probate proceeding, often referred to as ancillary administration, even when the owner lived in another state. How property is titled and whether it is held in a trust or passes by another method can affect whether a separate proceeding is necessary.
Can one attorney handle estate planning involving Florida, Massachusetts, and New York?
An attorney licensed in more than one state may be able to provide a broader perspective when a client has property, family, or legal concerns across jurisdictions. I am admitted in Florida, Massachusetts, and New York, with my practice primarily focused on Florida and Massachusetts. Some matters may still call for coordination with local or specialized counsel depending on the issue involved.
How long does probate take?
Probate timelines vary significantly. The length of an administration can depend on the state, the type and value of the assets, creditor procedures, tax matters, real estate transactions, and whether disputes arise. Some estates are relatively straightforward, while others can remain open much longer.
If there is a will, do we still have to go through probate?
A will does not automatically avoid probate. It generally provides instructions for how probate assets should be handled, while assets with a surviving joint owner, beneficiary designation, trust ownership, or another non-probate transfer mechanism may pass outside the probate process.
I have been named successor trustee. What am I supposed to do first?
A successor trustee typically begins by reviewing the trust document, identifying the trust assets and beneficiaries, and understanding the administrative responsibilities that apply. Trust administration can also involve recordkeeping, tax matters, notices, creditor issues, and distributions, depending on the trust and the circumstances.
Does a revocable living trust protect my assets from creditors?
A revocable living trust is generally used for estate planning and asset management rather than as a creditor-protection tool for the person who created it. Asset protection is a separate area of planning that may involve ownership structures, exemptions, insurance, business entities, or irrevocable trusts, depending on the circumstances.
Does having an LLC mean my personal assets are protected?
An LLC can provide a legal separation between a business and its owners, but the extent of that protection depends on how the company is structured and operated. Separate accounts, appropriate records, insurance, and observance of entity formalities are among the factors that can matter.
What happens if I die without a will in Florida or Massachusetts?
If a person dies without a valid will, state intestacy laws generally determine who receives probate assets. Those rules differ between states and may produce a result that is different from what the person would have chosen. Assets that pass outside probate may follow different rules.
How often should I review or update my estate plan?
Estate plans are commonly reviewed every few years and after major life or financial changes. Events such as marriage, divorce, births, deaths, relocation, significant changes in assets, or changes in intended beneficiaries or fiduciaries can all be reasons to revisit an existing plan.
Should my home be titled in my revocable trust?
A home can sometimes be titled in a revocable living trust, but the considerations vary by state and by property. Factors such as the existing deed, mortgage, homestead protections, insurance, taxes, and the overall estate plan may all be relevant when deciding how real estate should be titled.
What is the difference between a power of attorney and guardianship?
A power of attorney is generally created voluntarily while a person has legal capacity and authorizes another person to act in specified financial or legal matters. Guardianship is a court-supervised process that may be considered when someone is unable to manage certain decisions and less restrictive arrangements are not sufficient.
When does an adult actually need a guardian?
Adult guardianship may be considered when a person can no longer safely manage certain personal, medical, or financial decisions and available alternatives are inadequate. Because guardianship can affect an individual’s legal rights, courts generally consider the person’s abilities and whether a less restrictive option is available.
Can I protect an inheritance I leave to my children from divorce or creditors?
An inheritance can sometimes be left in trust rather than distributed outright to a beneficiary. Depending on how the trust is drafted and administered, a continuing trust may offer protections and provide a structure for how inherited assets are managed and distributed over time.
Should I put each rental property in a separate LLC?
Some real estate owners use separate LLCs for separate rental properties as a way to segregate ownership and potential liabilities. Whether that structure makes sense depends on factors such as the number and value of the properties, financing, insurance, taxes, administrative costs, and the owner’s broader planning goals.
