Since you're under 18, your parents already have full legal authority to make decisions for you. They can speak with your doctors, access your medical records, manage your finances, and sign documents on your behalf. But all of that changes the moment you turn 18.

At 18, you become a legal adult — and your parents no longer have automatic access or authority, even if you're still living at home or they’re paying for everything.

This can become a serious issue, especially if you're heading off to college, moving out of state, or traveling abroad. For example, if you're in an accident while away at school, your parents could be legally blocked from getting medical updates or helping with bills unless you've signed the right documents.

To stay protected, every young adult should sign a:

• Health Care Proxy – lets someone you trust make medical decisions if you can't

• HIPAA Release – allows doctors to share your medical information

• Durable Power of Attorney – gives someone you trust the ability to help with finances and legal matters

It's a simple step, but it gives your family the legal ability to help when it matters most.

Without documents like a healthcare proxy and durable power of attorney, your loved ones may be legally powerless to help you during a crisis — even for basic things like paying your bills or making medical decisions.

If you were suddenly incapacitated — from an accident, illness, or even surgery — no one, not even your spouse, adult children, or parents, can automatically act on your behalf. The alternative is going to court — usually through a lengthy and expensive guardianship or conservatorship process.

Your family would have to petition a judge for legal authority to make decisions for you. This involves formal court filings, hearings, medical evaluations, and sometimes even contested proceedings — all while you’re vulnerable and unable to speak for yourself.

In the meantime, bills can go unpaid, medical care can be delayed, and investments can’t be managed or sold — which can be especially devastating in an uncertain economy. Imagine a stock market crash or a housing decline, and your family being unable to move or protect assets in time. Without legal authority, their hands are tied.

And here’s the catch:
These documents — the healthcare proxy and power of attorney — can only be signed while you still have the mental capacity to understand what you’re doing. Once you’ve lost capacity, it’s too late. At that point, your family’s only option is to go to court.

Probate is the court process your family must go through to distribute your assets if you pass away with a Will — or with no plan at all.

In Massachusetts, probate can take 9 to 12 months for a simple estate — and much longer if there are complications, real estate to deal with, or family disagreements. During that time, your loved ones may have to wait to access even basic things like your bank accounts or home.

Probate also comes with court filing fees, legal fees, publication fees, and sometimes executor compensation. It's not unusual for the total cost to reach 3%–5% of the estate value — which can mean $15,000–$25,000 or more on a $500,000 estate. All of that money comes out of your family’s inheritance.

Many people think a Will avoids probate — but it doesn’t. A Will is just a set of instructions the probate court must follow. The Will still needs to be filed with the court, reviewed by a judge, and formally processed before anything is distributed.

A Revocable Living Trust, on the other hand, completely avoids probate for assets placed inside the trust during your lifetime. That means no court process, no delays, and immediate access for your loved ones when the time comes.

In short:
Wills go through probate.
Trusts avoid probate.

If you own real estate, putting it into a trust is one of the smartest estate planning moves you can make.

In Massachusetts (and most other states), real estate must go through probate unless it’s owned jointly or placed into a trust. That means if you pass away and your property is only in your name — even if you have a Will — your family must go to probate court to transfer it.

Now here’s the kicker:
If you own property in more than one state, your family will have to go through separate probate processes in each state — one in Massachusetts, and another in every other state where you own land, a vacation home, or rental property.

This is called "ancillary probate", and it can cost thousands of extra dollars and months of unnecessary delay. Your family will need to hire attorneys in each state and follow the court rules in each jurisdiction — just to transfer property you thought was already “handled” in your Will.

A Revocable Living Trust solves this problem.

• You place your real estate into the trust during your lifetime.

• When you pass away, the trust owns the property and no probate is needed — in any state.

• Your family can manage or sell the properties immediately, without court involvement.

This keeps things simple, private, and cost-effective — no matter how many properties you own or where they are.

Whether you're legally married or in a committed relationship, estate planning plays a critical role in protecting the person you love — and avoiding legal surprises.

If you're married:
Your spouse automatically has inheritance rights under Massachusetts law. Even if your Will or Trust says otherwise, your spouse may be entitled to a forced share of your estate, also called the elective share. This means that you generally cannot fully disinherit your spouse without a legally binding prenuptial or postnuptial agreement.

If you want to leave your spouse more — or less — than the default rules allow, your estate plan must be carefully drafted. This becomes especially important if you have children from a prior relationship or want to protect inherited family assets.

If you’re divorced:
Under Massachusetts law, a divorce automatically revokes any provisions in your Will or Trust that leave assets to your ex-spouse, and it also revokes nominations (like trustee, personal representative, agent under a power of attorney, or healthcare proxy).

However, these revoked nominations don’t get replaced — they simply get skipped or fall to court defaults. That’s why it’s critical to update your estate plan immediately after a divorce to make sure your documents still work and reflect your wishes.

If you're not married:
Massachusetts does not recognize common law marriage. Even if you’ve lived together for years, own property together, or raise children together, your partner has no automatic legal rights if you pass away.

Without an estate plan:

• Your partner won’t inherit anything under state law

• They could be forced to move out of your home

• They won’t be allowed to make medical decisions for you in a crisis

If you want to protect your spouse or partner — legally, financially, and medically — you need to put it in writing through a proper Will, Trust, and other estate planning documents.

Blended families — where one or both partners have children from previous relationships — are common, but the default laws aren't designed to handle them well.

In Massachusetts, stepchildren are not automatically included in your estate unless you’ve legally adopted them or named them in a Will or Trust. That means that if you pass away without a clear plan, your stepchildren may be completely left out, even if you’ve raised them as your own.

Similarly, your biological children from a previous relationship may end up accidentally disinherited if your current spouse receives everything by default — which is what usually happens under state law unless you say otherwise.

This can lead to painful and unnecessary outcomes:

• Tension between your surviving spouse and your children

• Unequal or unintended distributions

• Court disputes or even permanent damage to family relationships

The good news? A properly designed Revocable Living Trust allows you to take full control. You can:

• Ensure your spouse is supported without disinheriting your children

• Provide for stepchildren or exclude them, based on your actual wishes

• Protect everyone from future legal battles by putting your plan in writing

Blended families have unique needs — and the only way to get it right is to be intentional. A Trust is usually the best tool to balance fairness, protection, and your true intentions.

If you’re worried about losing your home or savings to nursing home costs, lawsuits, or creditors, you’re not alone — and you’re smart to think ahead.

Many people assume that a revocable trust protects their assets, but here’s the truth: revocable trusts do not shield your property from long-term care costs, lawsuits, or creditors. They’re great for probate avoidance and control — but they’re not designed for asset protection.

For real protection, you need an irrevocable trust, specifically designed with Medicaid or liability protection in mind.

For example, if you place your home into a MassHealth-compliant Irrevocable Trust, and you do it at least 5 years before applying for long-term care coverage, the home can be protected from estate recovery — meaning the state can’t seize it after your death to repay nursing home expenses.

But here’s the catch:

• There’s a 5-year lookback period for Medicaid eligibility.

• If you move assets into a trust and apply for Medicaid too soon, you may be disqualified or face costly penalties.

• The clock doesn’t start ticking until the assets are fully transferred.

These trusts also offer protection from lawsuits or creditors in certain cases, but only when properly drafted and funded.

That’s why it’s essential to plan early, ideally in your 50s or early 60s if long-term care is a concern.

Bottom line:
If you wait until you need care, it may be too late.
But if you plan ahead, you can shield your home and savings, preserve your legacy, and qualify for help without losing everything.

Massachusetts has a state estate tax, and if your estate is worth more than $2 million, your family may owe a significant tax bill — even if you don’t consider yourself wealthy.

The state provides each individual with a $2 million exemption. That means only the portion of your estate that exceeds $2 million is subject to estate tax. But many people are surprised at what counts toward that total:

What’s included in your taxable estate?

• Your home and any other real estate

• Bank and investment accounts

• Retirement savings (401(k), IRA, etc.)

• Life insurance death benefits, if you owned the policy

• Business interests, vehicles, and personal property

If you're married, here’s something important:
Even though each spouse has a $2 million exemption, you can’t automatically use both exemptions unless you have the right kind of trust in place.

Without proper planning, when the first spouse dies, their $2 million exemption can be lost — and the surviving spouse’s estate could face a larger tax burden later on.

The good news is that with smart planning, you can often reduce or eliminate this tax:

• Use revocable living trusts with built-in tax-saving provisions to preserve both exemptions (up to $4 million for a couple)

• Use an Irrevocable Life Insurance Trust (ILIT) to keep life insurance out of your taxable estate

• Consider lifetime gifts and other strategies to bring your estate below the taxable threshold

Bottom line:
If your total assets are near or above $2 million, it’s worth creating a plan now — before it becomes a tax problem for your family.

Most people assume their Will or estate plan will naturally protect young beneficiaries — but here’s the truth:

Without a trust, any legal adult — even an 18-year-old — can receive their full inheritance outright, no matter how large the amount or how unprepared they are.

That means if you pass away and your child, grandchild, or other beneficiary is 18 or older, they’ll have full access to whatever you’ve left them — whether it’s $10,000 or $500,000. There are no guardrails, and no one managing the money unless you’ve made a plan.

For minors (under 18), the court may appoint a conservator to manage the funds until they reach adulthood — and then they still get it all at once. You don’t get to choose who manages the money or how it’s used unless you’ve set that up in advance.

A Revocable Living Trust gives you complete control over:

• When someone receives their inheritance (e.g., part at 25, more at 30, the rest at 35)

• How the funds can be used — like education, a home, or starting a business

• Who manages the funds on their behalf (a trustee you choose)

• Whether distributions are mandatory or left to trustee discretion

You can even include protections to keep the inheritance safe from:

• Creditors

• Divorce settlements

• Poor financial decisions

Bottom line:
If you want to pass on a gift — not a problem — a trust lets you protect your beneficiaries from the risks of receiving too much, too soon.

Life insurance and retirement accounts don’t typically go through your will or the probate process — but that doesn’t mean they’re not part of your estate plan.

These assets are controlled by who you name as the beneficiary — not what your will says. That’s why it’s critical to check your beneficiary designations regularly and make sure they align with your broader plan.

Life insurance:

If you name a person as the beneficiary, they usually receive the proceeds in a lump sum

If your beneficiary is a minor, a court may step in to control the funds until the child turns 18 — and then they’ll receive it all at once

If you name a trust as the beneficiary (or the trust owns the policy), the proceeds are paid into the trust and managed according to your instructions — which is often preferred for minor children or special needs planning

Retirement accounts (IRA, 401(k), etc.):

These accounts follow their own tax rules — and the payout schedule depends on who inherits

A spouse can often roll over the account

Non-spouse beneficiaries usually have 10 years to withdraw all the funds (under the SECURE Act)

Naming a trust as beneficiary is possible, but must be done carefully to avoid tax pitfalls — the trust must meet specific IRS rules to preserve favorable distribution options

What about ownership?

A trust can own a life insurance policy or, in rare cases, be assigned certain assets

But it’s often better to name the trust as beneficiary, not owner — especially for retirement accounts, which should generally remain in the account holder’s name until death to avoid immediate taxation

Bottom line:

Beneficiary designations are powerful — and when used alongside a trust, they can offer structure, protection, and flexibility. Just make sure the trust is drafted with your specific goals and tax implications in mind.

When someone passes away and their estate goes through probate, their will becomes part of the public record.

Probate files can include:

• A copy of your will

• A list of your assets and their values

• The names of your beneficiaries and what each one receives

• Who you named as your executor or personal representative

• Anyone—including distant relatives, creditors, or the general public—can access this information through the probate court.

Trusts offer privacy.

• A revocable living trust does not get filed with the court.

• The terms of the trust, your distributions, and your beneficiaries all remain confidential.

Your trustee can handle everything privately and without court supervision.

Privacy matters if:

• You want to disinherit someone or leave unequal shares

• You have family conflicts or want to avoid disputes

• You simply don’t want the details of your estate made public

• You want your loved ones to avoid unnecessary attention or delays

Bottom line:
If keeping your personal and financial affairs private is important to you, a trust is the best tool for ensuring your estate stays out of the public eye.

Estate planning isn’t just about money — it’s about making sure your kids are cared for by the people you trust most.

If you were to pass away or become incapacitated, and your children are under 18, a judge would need to appoint a legal guardian. Without a will that names your chosen guardian, the court decides — and they may not choose the person you would have wanted.

Even if you have godparents or close family, they don’t have automatic rights to raise your children unless they’re legally nominated in writing.

A simple will allows you to officially name guardians and avoid confusion, conflict, or even foster care in a worst-case scenario.