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The Question is, can you Disinherit or Leave a Child out of a Will?

  • Posted by Alexander Nesson
  • On July 13, 2012
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 […]
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Some of the Terms in Estate Planning

  • Posted by Alexander Nesson
  • On July 6, 2012
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 […]
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Living for a Revocable Trust

  • Posted by Alexander Nesson
  • On June 27, 2012
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 […]
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Eight Tips before Filing for Divorce

  • Posted by Alexander Nesson
  • On June 20, 2012
The first one, can the marriage be saved? Divorce can be stressful and expensive along with having an emotional toll for the spouses and the children.  If there is a way to get counseling or some other steps to keep you and your spouse together that should always bee considered.   Second would be, examining […]
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What you need to meet with a Bankruptcy Attorney for the first Time.

  • Posted by Alexander Nesson
  • On June 13, 2012
Many law offices, including mine, offer free initial consultation and you don’t need to bring anything to your lawyer’s office.  However, the more prepared you are for the first meeting the better off you will be and the less time and money you will end up spending.  If you can have some information regarding your […]
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Changing your Own Name

  • Posted by Alexander Nesson
  • On June 1, 2012
A name can be changed at any time for any reason that is basically not a lie or fraudulent.  You don’t have to go to court necessarily to do this, however, if you want your name officially changed and you cannot obtain the official documents, such as a drivers license or a passport, you do […]
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Naming a Child

  • Posted by Alexander Nesson
  • On May 31, 2012
For most parents this is one of the most important steps to occur and generally the parents work together to name the child, basically any name that they choose.  However, if married parents disagree upon the name to use, they may have to actually go to court in an extreme case to resolve this dispute […]
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Planning for Shared Parenting

  • Posted by Alexander Nesson
  • On May 25, 2012
It is stated that all the Judges have received from the Massachusetts Association of Family Conciliation Court a pamphlet regarding shared parenting.  Some of those things that are factored in that provide the courts that may seem straight forward, but the children do best when both parents have a stable mean for involvement with their […]
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Student Loans

  • Posted by Alexander Nesson
  • On May 18, 2012
With student loans in terms of being discharged, it is under something called “Tortality of Circumstances Test and the Brenner Test” The Brenner Test in order to show undue hardship the debtor must show inability in current level of income or expenses to maintain a minimal standard of living and the likelihood that this inability […]
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Student Loans and Bankruptcies

  • Posted by Alexander Nesson
  • On May 11, 2012
Generally, student loans are exempt from discharge and bankruptcies under 11 USC 523(a) 8, unless accepting such a debt from discharge would impose an undue hardship on the debtor or the debtor’s independence.   What ends up happening is that the burden of proof is on the debtor’s undue hardship and an undue hardship is […]
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