Bernardin Law Firm PC

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15 Years

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(978) 712-4378Call Visit WebsiteVisit Website Map & DirectionsDirections100 Cummings Ctr Ste 217CBeverly, MA 01915 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

Places Near Beverly with Attorneys

Salem (4 miles)
Peabody (5 miles)
Danvers (5 miles)
Marblehead (6 miles)
Swampscott (10 miles)
Middleton (11 miles)
Lynn (11 miles)
Lynnfield (13 miles)
Ipswich (14 miles)
Saugus (15 miles)

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Email: Email Business
BBB Rating: A+
BBB Rating and Accreditation information may be delayed up to a week.
Extra Phones: Phone: (978) 712-4379
AKA: The Bernardin Law Firm PC
Other Link: http://www.bernardinlawfirm.com
Other Email: Email Business
Categories: Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

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Details

Phone: (978) 712-4378

Address: 100 Cummings Ctr Ste 217C, Beverly, MA 01915

Website: http://www.bernardinlawfirm.com

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Bernardin Law Firm PC

Guardianship

Auto Accidents
Medicaid Planning
There are potential income tax, transfer tax, and Medicaid planning issues so you may want to seek the advice of a qualified attorney.

Trusts and Estates

Estate Planning
When estate planning, elder law, real estate or small business goals call for legal representation, please do not hesitate to contact us. We look forward to meeting and working with you.
Wills
Answer: I admire your willingness to attempt this on your own, but I have to warn you that a Will contest is a very difficult thing to do without any training. I have witnessed many good attorneys make procedural mistakes or miscalculations that were disastrous. I am a probate attorney with many years of experience but I still refer most of my will contests out to attorneys who specialize in that type of law. It is that specialized – and given what little I know about your situation I expect that a specialist is indicated here. Your brother has asked that the court appoint him as executor of your mother’s estate, which means that he has filed a document purported to be your mother’s final Will with the Probate Court. You have filed an appearance, and thereafter you are obligated to file your specific written objections to your brother’s request. You don’t provide much detail, but typically a Will contest revolves around your mother’s capacity at the time she executed the Will, her susceptibility to undue influence, the validity of her signature, the existence of a more current Will, etc.
Trusts
Answer: Assuming that your mother and father owned the real estate either jointly or as tenants by the entirety, it is a relatively simple matter for your father to transfer an interest in the real estate. He will need to record an original death certificate, a new deed, and he should record a document to release the MA estate tax lien (an Affidavit or a form M-792). I do not usually recommend an outright transfer of the real estate. I prefer either a simple living trust or perhaps a deed with a "retained life estate". Both approaches allow your father to avoid the probate process (just like joint ownership would), but with more flexibility and protection for your father.
Power of Attorney
Answer: Yes, you can do it yourself. Make sure you have a form for a durable power (one that survives your dad's incompetence) and get it notarized. You do not need to record it. To be safe, try finding a form that is specific to MA. Look at the MA trial court library (very helpful librarians) if you cannot find one on line. In addition I would also add that in my experience it is very rare that a 78 year old client is only lacking a Power of Attorney. Please make sure that your dad also has a Will or trust, a Health Care Proxy, maybe a Living Will, Burial Instructions (etc). With a quick 20 minute meeting a qualified estate planning attorney can help you understand what might be needed.
Probate

Tax Law
From Pre-administrative consultation through final accounting and closing of the estate, including post mortem tax planning, estate, fiduciary and inheritance tax return preparation. Providing guidance to the designated executor, or acting as Executor or Trustee.

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