FAQs
What is estate planning?
Estate planning is the process of preparing legal documents and strategies to protect your assets, provide for your loved ones, and ensure your wishes are carried out if you become incapacitated or pass away.
Do I need an estate plan if I am young or do not have significant assets?
Yes. Estate planning is important for adults of all ages and income levels. Even younger individuals benefit from having documents such as powers of attorney and healthcare directives in place in case of an unexpected emergency.
What documents are typically included in an estate plan?
An estate plan may include:
A Last Will and Testament
Revocable Trust(s)
Durable Power of Attorney
Healthcare Proxy
Living Will or Advance Directive
HIPAA Authorization
Guardianship designations for minor children
The right combination of documents depends on your personal circumstances and goals.
What is the difference between a will and a trust?
A will directs how your assets are distributed after death and may require probate. A trust can help manage and distribute assets both during your lifetime and after death, often allowing assets to avoid probate and providing additional privacy and flexibility.
What is probate?
Probate is the legal court process used to administer a deceased person’s estate. In Massachusetts, probate can be time-consuming and public. Proper estate planning may help simplify or avoid probate for certain assets.
What happens if I die without a will?
If you pass away without a valid will, Massachusetts intestacy laws determine how your assets are distributed. This may not reflect your wishes and can create additional stress for your loved ones.
What is a power of attorney?
A power of attorney is a legal document that allows someone you trust to handle financial and legal matters on your behalf if you become unable to do so yourself.
What is a healthcare proxy?
A healthcare proxy allows you to appoint someone to make medical decisions for you if you are unable to communicate your wishes.
When should I update my estate plan?
You should review and potentially update your estate plan after major life events such as:
Marriage or divorce
Birth or adoption of a child
Death of a beneficiary or fiduciary
Significant financial changes
Moving to another state
Changes in the law
How long does the estate planning process take?
The timeline varies depending on the complexity of your needs, but many estate plans can be completed within a few weeks.
Can estate planning help protect minor children?
Yes. Estate planning allows parents to nominate guardians for minor children and establish financial protections to ensure children are cared for according to the parents’ wishes.
Is estate planning only for wealthy individuals?
No. Estate planning is beneficial for anyone who wants to protect their loved ones, make healthcare decisions in advance, and ensure their wishes are clearly documented.
What should I bring to my estate planning consultation?
It is helpful to bring:
A list of your assets and accounts
Information about beneficiaries
Existing estate planning documents
Questions about your goals and concerns
How much does estate planning cost?
The cost depends on the complexity of your estate plan and the documents involved. During your consultation, we can discuss your needs and provide transparent pricing information. Leccese Law operates with flat fees, so you will know the cost of your estate plan up front, with no hidden fees.
Why should I work with an estate planning attorney?
An experienced estate planning attorney can help ensure your documents comply with Massachusetts law, avoid costly mistakes, and create a plan tailored to your specific goals and family situation.
Does Leccese Law work with clients outside of Massachusetts?
No. Currently, Leccese Law only works with clients that are residents of Massachusetts.
Does Leccese Law have a physical office location?
Attorney Bishop-Leccese currently meets with clients virtually to keep client costs as low as possible, but does have office space available in Burlington, MA for clients that prefer to meet in person.
How much does a consultation cost?
Leccese Law offers free consultations to all new perspective clients. By offering free consultations, we give individuals and families the opportunity to understand their options in a comfortable, pressure-free environment.
