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Estate Planning for a Young Family in Massachusetts

May 29, 2026 by lawclerk

Most young parents do not put off estate planning because they do not care. They put it off because life is busy, the children need attention, and the idea feels like something for later. But estate planning for a young family in Massachusetts is really about one immediate question: if something unexpected happens, who is legally able to care for your children, manage your finances, and make health care decisions?

For many families, that answer is not as clear as they think.

Why young families need a plan now

If you have minor children, a basic estate plan does more than say who receives your property. It also gives your family guidance during a stressful time. Without a plan, loved ones may be left trying to guess your wishes or ask the Probate and Family Court to step in.

For parents, one of the most important pieces is naming a guardian for minor children. That does not guarantee the court will appoint that person in every situation, but it gives the court strong guidance about your wishes. Without that nomination, the decision can become more uncertain, and family disagreements can make an already painful situation harder.

A plan also matters if you become incapacitated rather than pass away. Younger adults often overlook this risk. A serious illness, accident, or temporary medical crisis can leave a spouse or partner needing legal authority to act. In Massachusetts, being married does not automatically give someone full authority to manage all financial or legal matters for you.

The core documents for estate planning for a young family in Massachusetts

Most young families do not need the most complicated plan, but they do need the right documents.

A will is often the starting point. It can name guardians for children and state how your assets should be distributed. For some families, that may be enough. For others, especially those who own a home, have life insurance, or want greater control over when children receive money, a trust may be the better fit.

A revocable living trust can help hold assets for children until they reach an age you choose, rather than handing everything over at age 18. That matters to many parents. An 18-year-old may be legally an adult, but that does not mean they are ready to manage a significant inheritance.

A durable power of attorney allows someone you trust to handle financial matters if you cannot. A health care proxy allows someone to make medical decisions if you are unable to do so yourself. A HIPAA authorization can also help loved ones access medical information when needed. These documents are often just as important as a will because they address incapacity, not only death.

What Massachusetts parents often overlook

One common issue is beneficiary designations. Life insurance policies, retirement accounts, and some financial accounts pass according to the beneficiary form on file, not your will. If those designations are outdated, your overall plan may not work the way you intended.

Another issue is choosing the right person for the right role. The best guardian is not always the best trustee, and the person who is emotionally supportive may not be the strongest financial decision-maker. Parents often assume one person should do everything, but that is not always the best choice.

Blended families, children with disabilities, and unmarried parents may need more customized planning. For example, a child with special needs may require planning that protects eligibility for certain benefits. In those situations, a simple online form is rarely enough.

How a trust can help a young family

Trusts are sometimes misunderstood as tools only for wealthy families. In reality, they can be practical for parents who want structure, privacy, and better long-term control.

A trust can spell out how funds should be used for a child’s health, education, and support. It can stagger distributions over time instead of providing one lump sum. In some cases, it can also help avoid probate for assets titled in the trust, although that benefit depends on whether the trust is properly funded.

That last point matters. Signing a trust without transferring assets into it may leave part of the plan incomplete. Good planning includes both drafting the documents and making sure titles and beneficiary designations are reviewed.

When to update your plan

Estate planning is not a one-time task. Young families should review their plan after major life events such as the birth of a child, buying a home, a significant increase in assets, divorce, remarriage, or a move to or within Massachusetts.

Even without a major event, it is wise to revisit your documents every few years. The people you named may no longer be the right fit, and changes in family circumstances can affect what makes sense.

A practical first step

If you are feeling behind, you are not alone. The best first step is usually not trying to solve every possible legal issue at once. It is identifying your priorities: who would care for your children, who would make decisions if you could not, and how assets should be managed for your family.

From there, a Massachusetts estate planning attorney can help you decide whether you need a straightforward will-based plan or a more tailored trust-based approach. For families in Worcester and throughout Central Massachusetts, working with a firm such as Vickstrom Law, PC can provide the one-on-one guidance that makes these decisions clearer and less overwhelming.

The goal is not perfection. It is giving your family legal protection and practical direction before a crisis forces those decisions onto someone else.

Filed Under: Blog, Durable Power of Attorney, Family, Family Estate Planning, Uncategorized

Divorce, Remarriage and Social Security

September 10, 2018 by Kristina

divorce-remarriage_social-securityMany people are aware that seniors are entitled to collect Social Security benefits that are calculated based on their spouse’s work record. What’s less well-known is that this benefit applies in many cases to divorced spouses. In fact, ex-spouses may even be entitled to survivors benefits in certain circumstances. [Read more…]

Filed Under: Blog, Divorce, Social Security Tagged With: divorce, remarriage, social security, social security benefits, survivor's benefits

Four Steps to Naming a Legal Guardian

July 23, 2018 by Kristina

naming-legal-guardianIt’s something no parent likes to think about, but accordingly there’s no better time than the New Year to handpick legal guardians who can raise your children if something happens to you.

Statistics show that 69% of US parents do not have legal guardians named to care for their kids in the event of sudden death or incapacity.  If both parents should pass away at the same time a judge will have no choice but to step in and make painful custody decisions on your child’s behalf. [Read more…]

Filed Under: Blog, Guardianship Tagged With: Guardianship, legal guardian

Planning Your Estate After a Divorce

July 19, 2018 by Kristina

planning-your-estate-after-divorceIf you have just gone through the emotional and financial upheaval of a divorce, the last thing on your mind is contacting an attorney to make changes to your estate plan. Yet, it is essential that you review and update your estate documents to reflect this major life change. During the divorce process, you likely dealt with property division, and possibly child custody and spousal support. Your estate plan should reflect changes. Otherwise, your assets could be distributed in ways you neither expected nor intended. [Read more…]

Filed Under: Blog, Divorce, Wills Tagged With: beneficiaries, divorce, Wills

Health Care Proxy, Power of Attorney, and HIPAA Authorizations Oh My! Why Your College Bound Student Needs All Three.

July 15, 2018 by Kristina Vickstrom, Esq.

College StudentsA few years ago I wrote a blog about drafting a health care proxy for your young freshmen. This is a topic I often talk about because it is so important, but most people never think of it. Well, I was thrilled when recently a young family member forwarded an e-mail from her college and asked for my help. This e-mail recommended that she have a health care proxy, power of attorney, and HIPAA authorization drafted before the start of school.

Learn the basics about the health care proxy here. [Read more…]

Filed Under: Blog, Durable Power of Attorney, Health Care Proxy, Uncategorized Tagged With: Durable Power of Attorney, Health Care Proxy, HIPAA

Can Someone With Dementia Sign a Will?

June 30, 2018 by Kristina

dementia-sign-a-willMillions of people are affected by some form of dementia. Unfortunately, many dementia patients don’t have all their estate planning affairs in order before the symptoms begin to appear. This is another good reason to speak with an elder law attorney now, rather than putting off such a discussion.

However, if someone you know has symptoms of dementia, it might not be too late to sign a will or other estate planning documents. [Read more…]

Filed Under: Blog, Wills Tagged With: dementia, will planning, Wills

Telemarketing Fraud: Steps to Protect Elders

June 2, 2018 by Kristina

CellphoneElder abuse comes in many forms. An overwhelming majority of it is financial abuse. If you have an elder parent or family member who lives alone, he or she may be at risk of a new wave of telemarketing fraud targeting the elderly.

One recent case of telemarketing fraud billed elderly consumers for medical alert devices they never ordered. Telemarketers would claim they were calling in response to a request for information from the person or a family member and then try to sell them the device.  Even those who didn’t order were sent a bill along with the shipment. The company behind the telemarketing fraud would then use threats and intimidation to induce the victims to pay.

If you don’t think telemarketing fraud can happen to your loved one, consider this. According to a study by the AARP, seniors over age 50 are disproportionately at risk for becoming victims of telemarketing fraud.   The study found that the average age of victims was 69 and that women were twice as likely as men to become victims.

Telemarketing fraud is also becoming increasingly sophisticated. Fast-talking predators use high pressure sales techniques and psychological ploys to overcome a senior’s initial resistance. Some other common schemes involve low-cost, high-risk investments, fake charities, time-sensitive product deals, or prize winnings that seniors are told they have to pay taxes or a fee to collect.

When a senior becomes a victim of telemarketing fraud, it can be financially devastating. Because these crimes are hard to trace, it is very difficult for victims to get their money back. Sadly, many incidents of telemarketing fraud against the elderly simply go unreported. Elderly victims may be embarrassed, don’t know where to go to report the crime, or fear they will lose their independence if they do report it.

Here are some steps you can take to help protect your elderly parents or family members from becoming victims.

  1. Talk to your parents about types of telemarketing fraud and remind them never to pay up front for a product or service, or to give out personal information such as a credit card or social security number over the phone.
  1. Offer to help them manage their personal finances so you can monitor bank and credit card statements for any unusual activity.
  1. Have them sign up for national Do Not Call list (888-382-1222, www.donotcall.gov) to help cut down on telemarketing calls.
  1. Design a call script, such as “I don’t give out personal information over the phone,” to aid them in ending calls from pushy telemarketers.
  1. If your elderly parent has dementia, or is otherwise incapacitated, you may want to contact an elder law attorney to advise you on utilizing your parent’s durable power of attorney and/or obtaining a guardianship or conservatorship.

For more suggestions on how to identify and prevent elderly telemarketing scams, visit the Federal Trade Commission’s consumer education website.

The best protection against telemarketing fraud and elder abuse is to ensure that your loved ones are properly cared for and that their assets are protected. Proper estate planning can help give you and your loved ones piece of mind. Contact us to discuss various planning options today.

Photo Credit: Tim Dorr

Filed Under: Blog, Conservatorship, Elder Needs, Family, Guardianship, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, elder abuse, Guardianship, power of attorney, telemarketing fraud

Can I Get Executor Fees for Handling an Estate?

May 7, 2018 by Kristina

Hands Holding MoneyAfter the passing of a loved one, a common question by one of the children is: Can I get paid executor fees? If you are appointed the executor, or personal representative (as it is called in Massachusetts), of a deceased loved one’s estate, you may face many challenges. There are a number of duties for which you will be responsible, including gathering and securing the deceased’s assets and household belongings, paying debts and taxes, filing court paperwork, and making distributions to beneficiaries. The process can be time-consuming, complex, and emotionally draining. Even when everything runs smoothly, questions are likely to arise.

In most cases, the answer is yes, you are entitled to receive executor fees for your services. However, there are some issues to consider before you can receive payment from the estate. If there is a Will, the deceased may have specified the amount of compensation or prohibited executor fees. This latter situation sometimes occurs when the executor is a family member who is also a beneficiary under the Will. If the Will is silent regarding executor fees or the deceased dies without leaving a will, then executor fees are determined by state law. This is where things may get complicated.

Consider the case of Lawrence, who was appointed the personal representative of an estate in Massachusetts where the primary asset was a house subject to a small mortgage. Lawrence sold the house, paid off the mortgage, dealt with the contents of the estate, and the assisted his attorney with court paperwork. He also made distributions to the beneficiaries. He charged the estate $7,500, what he considered a fair price for his services. When one of the beneficiaries objected to the fee, the court denied the executor fee because Lawrence did not have any records to back up his executor fees.

Unlike in some states, where the executor fees are fixed amounts equal to a percentage of the probate estate, in Massachusetts the executor is entitled to “reasonable compensation” for services rendered. The executor fees can also be subject to approval by the probate court.

What exactly is “reasonable compensation” though? How do you determine for which services you are entitled to be paid executor fees and at what rate? There are no clear guidelines under the law in Massachusetts, but the probate court will consider factors such as the size of the estate, the time reasonably required to administer the estate, whether the services rendered were reasonably necessary, and the amounts usually paid to others for similar services.

So what does all this mean in practice? Most importantly, you must keep detailed records. Do not wait until the end of the process to attempt to compile a list of services performed. You will need to disclose your executor fees in the final accounting filed with the court and/or shared with the beneficiaries. When you do, you should include:

  1. a detailed record of the tasks performed
  2. the amount of time spent on each task
  3. the hourly rate billed for each task.

For example, a record that lists: “February 1, 2013: 2 hours at $25/hour preparing financial statement for accountant,” along with similar entires, are more likely to be approved by the court than: “$1,000 for bookkeeping services.”

Finally, keep in mind that any executor fees you receive are considered income and are taxable. If you want to avoid tax consequences, you have the option to decline compensation for your services.

Although it is an honor to be appointed or asked to serve as an executor, it is not a situation you should take lightly. Most often having the guidance of an attorney is necessary to avoid common costly mistakes. Contact us to discuss your rights and obligations.

Filed Under: Blog, Estate Administration & Probate, Uncategorized, Wills Tagged With: estate administration, Executor fees, probate, Wills

What really happens to your estate if you die without a Will in MA?

December 23, 2016 by Kristina

Dying without a Will is called dying “intestate.” What this means is that your intentions as to who inherits your assets, who administers your estate, and who acts as guardians for any young children are determined by the Commonwealth of Massachusetts.

Upclose photo of Last Will & Testament and pen - for article about Wills & Trusts
[Read more…]

Filed Under: Blog, Trusts, Wills

4 Steps to Talking About End of Life Matters

November 1, 2013 by Kristina

end-of-life-mattersWe often talk about the documents that can help protect your family, the documents that can ensure your wishes are carried out if you are unable to make decisions for yourself. But today I would like to discuss the step that comes before the forms – the discussion. . .  The Talk. [Read more…]

Filed Under: Blog, Recent Legal Matters

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508.757.3800
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Vickstrom Law, PC
Kristina R. Vickstrom, Esq.
255 Park Avenue, Suite 507
Worcester, MA 01609
508.757.3800


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Estate Planning for a Young Family in Massachusetts

Estate Planning for a Young Family in Massachusetts

May 29, 2026 By lawclerk

Image of a Social Security card, for Divorce, Remarriage, and Social Security article

Divorce, Remarriage and Social Security

September 10, 2018 By Kristina

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