Some of the language is the “Ward” is the person who is under the “Guardianship” and generally there is a need for either physical or mental reasons that the person is incapable of managing his/her affairs either financial or personal or in many cases both. The Guardian is the person that the Probate Court manages […]

The answer to this question is generally No. Under the bankruptcy code one of the reasons is that the credit card company can challenge the debt is if the person used the card for a reasonable of no expectation of repaying the debt. The second one is irrelevant, but uses the credit card to buy […]

If you don’t have a Will, the government will assign one for you; and that means that the laws of Massachusetts will govern how your assets and estate are distributed and this can mean how you split it between your spouse, next of kin, children and that is the rules of the State rather than […]

Wills are generally the simplest way to override documents that give you the ability to distribute your estate and choose who your want your heirs to be, appoint a guardian and provide your belongings to who you choose.  A Will can be a part of an Estate Plan, but it is not necessarily an entire […]

The answer is, usually you can amend the Schedule to add an overlooked debt.  What happens is we file a Motion to Amend Schedule F and you would add the name of the Creditor and the amount of the debt. In addition, in some cases it actually is possible to re-open a bankruptcy after your […]

In general, tax debts are not necessarily dischargeable. However, there are some circumstances where tax debts do become dischargeable in Bankruptcy. If your taxes have been due for at least the three prior years when the return was actually filed and least two years since any assessment.   There are some different issues that can […]

Recently, a student loan was discharged due to the debtor having Asperger’s Syndrome and it was reported that a student loan debt was about $350,000.00 and $100,000.00 was discharged. The cardinal rule is that student loans are not discharged into bankruptcy, but in order for that to occur; the student loan must show that the […]

The answer is in Massachusetts nothing prevents you under the Law from leaving one or all of your children out of your Will. You should generally use specific language to identify the child you wish to disinherit. There are some limitations with that, but there are more difficulties now under the new probate code; which […]

What Probate means is the process of proving a Will and administering the estate of the deceased and that is called a Probate Estate. If there are assets in the Probate Estate, you have to have that listed in a form or an inventory file for the Probate Court and the Probate Estate must pay […]

A Living Trust also commonly called “Revocable Trust” is created during the lifetime of the donor, meaning that rather than doing a Will at the person’s death, it is created during their lifetime. With a Living Trust, the donor or the person that has the assets maintains control over the trust and the right to […]