Estate Planning, Probate and Tax Planning

The estate and probate practice at Nolan & King covers a comprehensive range of services that address vital legal needs of Massachusetts individuals and families. Tony Nolan and Beth Nolan draw on their extensive experience to provide highly personalized and individualized assistance in the areas of estate and tax planning, probate and estate settlement, and proceedings for guardianships and conservatorships.

Trustworthy Experience and a Personal Approach

Tony and Beth, who have practiced law together for more than 25 years, work as a team on estate and probate matters. Every client who turns to the firm for help receives the full benefit of their combined experience, knowledge, and skill.

Estate planning is deeply personal and sometimes difficult for individuals to discuss. Tony and Beth make clients comfortable with their amiable, informal manner in discussions. Before recommending an estate planning strategy, they take the time to get to know the client and understand their objectives, needs, and unique family concerns. Clients appreciate their candid and honest approach.

While both attorneys share responsibility for all aspects of the practice, Tony has a special focus on helping clients to minimize estate tax liability through careful planning and selection of appropriate strategies. Beth centers her attention on the family aspects of estate planning.

Tony and Beth help clients stay attentive to long-term family harmony. Working closely with the client, they identify family concerns and find practical, realistic solutions to sensitive issues. Both attorneys make certain that the client understands the long-term implications of all their estate planning decisions. They emphasize the need to balance the effect of tax mitigation strategies with important family goals over the long haul, which sets Tony and Beth apart from many other estate planning practitioners.

Estate Planning and Tax Planning

Tony and Beth work closely with each client to develop a sound, complete estate plan that accomplishes their personal and financial goals. Every estate plan is as unique as the individual creating it.

Estate Tax (death tax) planning is an essential part of the estate planning services offered by Nolan & King. In Massachusetts, many estates face potential significant state estate tax liability, even when the estate is below the federal estate tax exemption amount. With careful estate tax planning, individuals can minimize the impact of the state estate tax.

In building a plan to protect the client’s family and assets and minimize estate tax liability, Tony and Beth draw on a full range of estate planning tools, using documents that are appropriate to the client’s circumstances. An estate plan may include some of these documents for property distribution:

  • Last Will and Testament
  • Revocable Living Trust
  • Irrevocable Trust
  • Irrevocable Insurance Trust
  • Bypass (Credit Shelter) Trust
  • Charitable Remainder Trust

Other documents in a complete estate plan protect the client in the event of incapacity, including:

  • Durable Power of Attorney
  • Health Care Proxy
  • Living Will
  • Health Insurance Portability and Accountability Act (HIPAA) Release Forms

Some estate plans also include a Declaration of Homestead, which prevents some creditors from foreclosing on a home to access the equity for payment of debts.

Probate and Estate Settlement

When a family loses a loved one, Beth and Tony help families navigate through the estate settlement process, including probate of the estate when necessary under Massachusetts law. Working closely with the family, Beth and Tony shoulder as much of the responsibility as possible, allowing family members to concentrate on comforting each other and grieving the family’s loss.

As part of estate settlement, Tony and Beth work with personal representatives of estates and trustees addressing estate, gift, and fiduciary tax matters, which includes filing:

  • Estate tax returns
  • Gift tax returns
  • Fiduciary income tax returns
  • Individual (decedent) final income tax returns

In some situations, Tony also assists with trust administration.

Guardianship and Conservatorship

If a loved one becomes incapacitated and does not have a durable power of attorney and health care proxy authorizing trusted individuals to step in to make decisions on their behalf, probate court proceedings for appointment of a guardian and conservator may be necessary. Beth’s practice includes assisting families with guardianships and conservatorships, including Rogers guardianships (incapacitated person requiring extraordinary medical treatment), when loved ones are unable to manage their financial affairs or make their own personal and medical decisions.

Beth guides clients through the process with meticulous attention to detail. Her compassionate approach in circumstances that are often difficult for a family puts clients at ease and gives them the peace of mind and confidence that they are making the right decisions to protect their loved one.

For More Information

From Nolan & King’s office in Weston, Tony Nolan and Beth Nolan provide estate and probate assistance to clients in MetroWest and throughout Massachusetts. They also welcome inquiries from out-of-state residents with an estate or probate matter in Massachusetts and from referring attorneys with clients who may benefit from the firm’s services. Please call 781-788-9800 to schedule a consultation.