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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

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

The Rising Costs of Dementia Care

May 11, 2013 by Kristina

dementia_patientIf you have a family member who is suffering from some form of dementia, you know how financially difficult providing quality care can be. According to a study published this month in the New England Journal of Medicine, the financial burden on the nation as a whole is staggering, with the costs now exceeding those of both heart disease and cancer. [Read more…]

Filed Under: Blog, Durable Power of Attorney, Health Care Proxy, Living Will, Longterm Care, Trusts Tagged With: dementia, Durable Power of Attorney, Health Care Proxy, Living Will, long term care planning, Trusts

How to Prepare Financially for an Emergency

November 1, 2012 by Kristina

Massachusetts was recently struck by Hurricane Sandy, as was most of the east coast. We did pretty well here in Worcester and our hearts are with those who fared much worse than us in New York and New Jersey among other places.

Devastation of Superstorm Sanda

Watching the devastation on television made me take action on two fronts, one: donate money to the Red Cross, and two: make sure my financial house was as ready for an emergency as my physical house was.

Here in Massachusetts we’re preparing for the snow storm season, so it is never too late to start.

For an emergency like the one the east coast just experienced experts recommend, among other things water and food to last about three days, cash and a tank full of gas (http://www.redcross.org/prepare).

What about our financial house? Let’s start with the most immediate needs and think about what should go into an emergency financial kit:

1.  Access to cash in an emergency

Keep information about all the accounts that could give you access to cash, this includes checking, savings, money market, and even home equity accounts. You will need the account numbers and contact information for the financial institution. Most often, a copy of a statement will have all the information you need.

You should also consider including a copy of all your credit and debit cards, both front and back. This will give you the information you need to pay in some cases, or to contact the institution should you need to.

2. Medical Information and Caregivers

Your emergency financial kit should also include information about your preferred medical providers. Having their contact information can ensure you are treated by your preferred provider in an emergency, and in some cases, save you money.

3. Insurance Information

Make copies of ALL your insurance cards. Home, car, medical, dental and prescription. If your home or vehicle are damaged, the insurance information in there may be damaged as well, also, if you end up having to evacuate and leave your home or vehicle, you will not want to return just to retrieve these.

Also make sure you have the contact information for your insurance company and agent. Often in an emergency where companies are swamped with requests, your agent can help you get through or connect you to other resources available to you.

4. Longer Term Investments

Your emergency financial kit should also include copies of paperwork documenting your investments accounts. Your investment accounts include IRA, 401(k), stocks, bonds, 529, or any other retirement or long-term savings account. Also include the contact information for any financial planner or planners who manage these accounts for you.

5. Your Estate Planning Documents

Your Will, Health Care Proxy, and Power of Attorney should always be in a safe place, but especially in an emergency. You should place your paperwork in your emergency financial kit, or the information on how to access them, whether they are with your attorney or a safety deposit box etc…

6. Accessing Your Financial Information online

If all the information for accessing you finances and any other important sites are safely locked away in your memory, you may want to consider including the websites and passwords in your emergency kit, or if you do not feel safe carrying that around, you can provide them to a trusted person who is out of harm’s way. This will allow your family to access important information or funds if you are incapacitated, or simply incommunicado.

With the winter upon us here in Massachusetts, and with the painful lessons the Northeast just learned fresh in our memories, now is a great time to look at your emergency plan. If you have not done much in the way of financial or estate planning, now is a good time to think about that as well, and whether your family would be protected in the worst-case-scenario. Call us to discuss your planning and the best way to protect your family in an emergency.

Filed Under: Durable Power of Attorney, Emergency, Emergency Preparedness, Health Care Proxy, Living Will, Wills Tagged With: Durable Power of Attorney, emergency, emergency preparedness, Health Care Proxy, will

Massachusetts Question 2: Assisted Suicide. What You Need to Know for Election Day

October 26, 2012 by Kristina Vickstrom, Esq.

We’re not only voting for the next President and a Senator from Massachusetts in November, but on a battery of ballot questions. Ballot Question 2 is one of the more controversial. The so-called “Death with Dignity” or “Right to Die” legislation would allow an adult resident who is (1) capable of making and communicating health care decisions, (2) diagnosed with an incurable and irreversible disease that will cause death within six months, and (3) voluntarily, and in an informed manner, so decides to obtain a prescription for medication to end his or her life. You can read the proposed legislation here.

Oregon and Washington state already have similar legislation in place. In Oregon, most candidates are well educated cancer sufferers over the age of 65, who died at home and were enrolled in hospice care. This “typical candidate” is familiar to many of us working with elders. Maybe it is because so many of us know or have known someone like this that the “Right to Die” issue has strong voices on either side. [Read more…]

Filed Under: Durable Power of Attorney, Elder Needs, Family, Legislation, Longterm Care, Uncategorized

Some Seniors are Losing Their Homes Due to Unpaid Property Taxes

October 2, 2012 by Kristina Vickstrom, Esq.

An 81-year-old woman in Rhode Island was evicted shortly before Christmas from the home she had lived in for more than 40 years – because she failed to pay a $474 sewer bill. A corporation then bought her house at a tax sale for $836.39…and later resold it for $85,000. While this is an extreme case, it’s a symptom of a growing trend. More and more seniors around the country are being forced to pay large, unnecessary fees – or even losing their homes – as a result of unpaid property taxes.

Because property taxes aren’t regular monthly expenses like utility or cable bills, they’re often among the first things that seniors overlook if they begin to have some difficulty managing their own affairs. And they’re frequently missed by children and caretakers as well. Also, many older people who have recently finished paying off a mortgage aren’t used to paying their property tax bills, because for decades they were paid directly by the lender. [Read more…]

Filed Under: Blog, Conservatorship, Durable Power of Attorney, Elder Needs, Guardianship, Uncategorized Tagged With: seniors, unpaid property taxes

Many Power of Attorney and Health Care Proxy Documents Should be Revised in Massachusetts

May 17, 2012 by 3mediaweb

If you’ve had legal documents drafted in Massachusetts pertaining to your health, financial, and long-term care wishes, you should have them reviewed and revised now! Massachusetts laws relating to powers of attorney and health care proxies have recently changed. This along with federal medical privacy laws can affect your already-created documents.

The federal law, known as the Health Insurance Portability and Accountability Act (HIPAA), generally prevents health care providers from disclosing your personal medical information to anyone other than you and someone you’ve named as your “personal representative.” Frequently you will sign medical releases at your physician’s office allowing them to communicate with any specialists you are seeing, like a podiatrist or a cardiologist. Protecting your medical privacy is very important but the law can create some complications. [Read more…]

Filed Under: Blog, Conservatorship, Durable Power of Attorney, Elder Needs, Estate Plan Review, Guardianship, Health Care Proxy, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, Estate Plan Review, Guardianship, Health Care Proxy

Let Someone Know Your Medical Wishes For National Healthcare Decisions Day

April 13, 2012 by Kristina Vickstrom, Esq.

National Healthcare Decisions Day is on April 16th, and it’s an important reminder for every adult to let someone know their most private wishes about medial treatments and possible end-of-life care. [Read more…]

Filed Under: Durable Power of Attorney, Family, Guardianship, Health Care Proxy, Living Will, Uncategorized Tagged With: Durable Power of Attorney, Family, Guardianship, Health Care Proxy, Living Will, preparedness

Why Single People in Worcester County Should Consider Estate Planning

January 25, 2012 by Kristina Vickstrom, Esq.

When we typically think of estate planning, we see grandma and grandpa putting together a Will and possibly setting up some trusts for the following generations. It’s all about providing for our offspring, right? [Read more…]

Filed Under: Durable Power of Attorney, Estate Plan Review, Family, Health Care Proxy, Trusts, Uncategorized, Wills Tagged With: attorney, Durable Power of Attorney, estate plan, estate planning, Family, Massachusetts, Trusts, worcester, worcester county

How Do I Bring Up the Topic of Estate Planning to My Parents?

December 27, 2011 by Kristina Vickstrom, Esq.

In Worcester, just as everywhere else in the nation, there is a tendency for people to put off estate planning.  Elder law attorneys, like Kristina Vickstrom, recognize that there are multiple factors that lead people to procrastinate when it comes to the estate planning process. [Read more…]

Filed Under: Durable Power of Attorney, Elder Needs, Family, Health Care Proxy, Trusts, Uncategorized, Wills Tagged With: estate planning

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Vickstrom Law


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


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