Lawrence Hoyle has been an attorney for thirty-seven years. He has extensive experience in estate planning; preparation of estate planning documents; trust and estate administration; probate law; tax law; elder law; and asset protection. He also represents clients in the areas of real estate law and business law. Attorney Hoyle provides personal service, a thorough review of each client's circumstances, practical legal advice and knowledgeable representation.
Services
Appoint someone to manage assets and income for an individual in the event of a subsequent period of physical or mental incapacity.
Appoint someone to make health care decisions for an individual in the event of a subsequent period of physical or mental incapacity.
Indicate that an individual does not want the use of heroic measures to maintain his or her life in the event of a terminal illness after a medical determination has been made that there is no reasonable expectation of recovery.
Direct that a beneficiary's inheritance will be held and managed for his or her benefit for life, or for some period of time.
Appoint someone to make health care decisions for an individual in the event of a subsequent period of physical or mental incapacity.
Indicate that an individual does not want the use of heroic measures to maintain his or her life in the event of a terminal illness after a medical determination has been made that there is no reasonable expectation of recovery.
Direct that a beneficiary's inheritance will be held and managed for his or her benefit for life, or for some period of time.
Probate is a legal process that determines who is entitled to the assets of a person who has died.
Assets that require probate to transfer ownership to beneficiaries or that require probate to sell and distribute the sales proceeds to beneficiaries are referred to as probate property.
Each county in Massachusetts has a Probate and Family Court.
The Probate and Family Courts have jurisdiction over the probate of estates, certain trust and property actions, guardianships, conservatorships, divorce proceedings and related matters.
Assets that require probate to transfer ownership to beneficiaries or that require probate to sell and distribute the sales proceeds to beneficiaries are referred to as probate property.
Each county in Massachusetts has a Probate and Family Court.
The Probate and Family Courts have jurisdiction over the probate of estates, certain trust and property actions, guardianships, conservatorships, divorce proceedings and related matters.
Most of the current statutory trust law in Massachusetts is found in Massachusetts General Laws Chapter 203E known as the Massachusetts Uniform Trust Code ("MUTC").
Notwithstanding this new law, a person can still create a trust with terms that are different from the default terms of the MUTC.
The terms of a trust can supersede most, but not all, of the rules found in the MUTC.
It is not necessary to replace existing trusts.
However, the terms of the MUTC should be considered when a person has his or her next periodic estate planning review, or if a trust is being amended.
Notwithstanding this new law, a person can still create a trust with terms that are different from the default terms of the MUTC.
The terms of a trust can supersede most, but not all, of the rules found in the MUTC.
It is not necessary to replace existing trusts.
However, the terms of the MUTC should be considered when a person has his or her next periodic estate planning review, or if a trust is being amended.
Avoiding probate means setting up the ownership of your assets in a manner that makes it unnecessary to commence proceedings in the Probate and Family Court upon your death.
Some assets by their nature avoid probate.
Assets owned as joint tenants with right of survivorship.
For example, a stock certificate held in two names "JROS" or as joint tenants; or the deed to real estate indicating that ownership is as joint tenants or as joint tenants with right of survivorship.
Another form of joint ownership is tenants-in-common.
Some assets by their nature avoid probate.
Assets owned as joint tenants with right of survivorship.
For example, a stock certificate held in two names "JROS" or as joint tenants; or the deed to real estate indicating that ownership is as joint tenants or as joint tenants with right of survivorship.
Another form of joint ownership is tenants-in-common.
Myth: If I ever need nursing home care, the nursing home will immediately take my home and other assets.
Fact: As a general rule, nursing homes do not take assets.
They provide nursing care and send monthly bills to the persons receiving that care.
It is the responsibility of the recipient of the care to make arrangements to pay the bills.
Those arrangements may include liquidating assets to raise cash and applying for MassHealth benefits when the funds have been depleted.
However, if a person has funds, investments and property and does not qualify for MassHealth, and if that recipient of nursing home services fails to pay the bills, then the nursing home's attorney may recommend to the nursing home that legal proceedings be commenced to collect the amounts due.
Fact: As a general rule, nursing homes do not take assets.
They provide nursing care and send monthly bills to the persons receiving that care.
It is the responsibility of the recipient of the care to make arrangements to pay the bills.
Those arrangements may include liquidating assets to raise cash and applying for MassHealth benefits when the funds have been depleted.
However, if a person has funds, investments and property and does not qualify for MassHealth, and if that recipient of nursing home services fails to pay the bills, then the nursing home's attorney may recommend to the nursing home that legal proceedings be commenced to collect the amounts due.
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