Boston Elder Law Blog

Many people here in Massachusetts realize how vital it is to have an estate plan. It is important to be sure assets are distributed in the way the estate owner wants, and to have directives in place if that individual is unable to make his or her own financial and medical decisions. Typically, many people appoint their children as their executor, especially since their children will likely inherit their estate. However, many people do not have children, so the importance of estate planning may not seem as tangible. Fortunately, experts have advice on how to handle an estate plan for those who do not have children.

The main point is that the estate owner will need to decide on someone else who can serve as his or her agent. That person may be a friend, another relative or even a professional. The agent may have to make several different kinds of choices regarding the estate, so it is imperative that that person be someone trustworthy.

When people in Massachusetts get divorced, they likely know that they need to change any existing estate plan that is already in place. They may change their wills, designate new beneficiaries or review their health care directives. But what happens to a person's estate if he or she dies before the divorce is finalized? Though that scenario sounds far-fetched, it can happen, and is actually the case for the estate of Ric Ocasek, former lead singer of the band The Cars.

Ocasek was married to model Paulina Porizkova for 30 years. They started their divorce back in 2018, but hadn't finalized matters by the time he died in September of this year. He decided to update his will before he underwent surgery, with new terms that established four of his six children as the only beneficiaries of his estate, meaning that he didn't want Porizkova to inherit anything. He also stated specifically in the will that Porizkova "abandoned" him. The use of that specific word may mean that Porizkova cannot inherit any part of the estate.

As the executor of your loved one's estate, you know that you will have to see the estate through the probate process. You may worry about certain aspects of completing the proceedings because you already know that probate can be difficult to complete. Though it can be a trying experience, you can gain useful information on the various activities you will have to do.

One simple element that may give you pause is how to sign documents on behalf of the estate. After all, you cannot sign your loved one's name because he or she is no longer living and to do so could be considered fraud. Because you certainly do not want to put yourself in a situation where you could face negative repercussions, you will want to understand how to sign estate document correctly.

Many people know how important it is to designate someone to make medical and legal decisions for them in their old age or if they should otherwise become unable to do so. However, there is more than one way to accomplish this and people may not know exactly what choice is the best for them. One way is to establish guardianship and another is to designate someone as a power of attorney. Families in Massachusetts may not know the differences between the two, so here is an overview of each option.

First, a health care or medical power of attorney designates someone to make medical choices for a person who cannot. It may also outline exact medical choices that a person wants or does not want in relation to end of life care, although Massachusetts is one of a few states that do not recognize living wills as binding legally. A general durable power of attorney is slightly different in that it gives the designated person the ability to make legal and financial choices on the principal's behalf, and it is not invalidated should the principal subsequently become disabled or incapacitated.