Estate Planning FAQs

  • What documents are included in a basic estate plan in Massachusetts?

    A complete estate plan often includes:

    • A Last Will and Testament

    • Durable Power of Attorney

    • Health Care Proxy

    • HIPAA Release

    • Revocable Trust or Trusts (optional but recommended for probate avoidance and estate tax planning)


  • Do I need a trust if I already have a will?

    Yes, a trust can help avoid probate, manage assets for minors, provide certain estate tax benefits for taxable or potentially taxable estates, and provide privacy. A will alone does not avoid probate.

  • Can I avoid probate in Massachusetts?

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  • What happens if I die without a will?

    Your estate will be distributed under the Massachusetts intestacy statute, which may not reflect your wishes.

  • Do I need to update my estate plan?

    Review your estate plan every 3–5 years or after major life changes like marriage, divorce, or significant asset changes.

  • What is the estate tax threshold in Massachusetts?

    As of 2024, estates over $2 million may be subject to a Massachusetts estate tax.