Many people prepare wills, trusts, and other estate planning documents without ever having them reviewed by an attorney. Others rely on outdated plans that no longer reflect their wishes or comply with current Massachusetts law. Over the years, we have worked with families throughout Gloucester, Rockport, Manchester By The Sea, Beverly, and across the North Shore who believed their estate plans were complete, only to discover significant gaps once a crisis occurred. Reviewing your estate plan with a Massachusetts estate planning attorney is not simply a precaution — it is often essential. Our laws governing probate, wills, trusts, health care proxies, and powers of attorney are detailed, and small errors can create major consequences. A proper legal review helps protect your family, clarify your intentions, and ensure your plan remains enforceable.

Estate planning is not static. The laws change, your assets change, and your personal circumstances evolve. Without professional oversight, your plan may contain technical flaws, unintended tax consequences, or outdated provisions that conflict with current statutes such as the Massachusetts Uniform Probate Code or the Massachusetts Uniform Trust Code. For blended families, business owners, property owners, and those with long-term care concerns, a legal review is essential to avoid future hardship. By taking the time to evaluate your plan thoroughly, you ensure that your wishes are clear and legally sound.

Why A Massachusetts Lawyer Should Review Your Will

A will is legally enforceable only if executed properly under Massachusetts General Laws (M.G.L.) c.190B § 2-502. Many people unknowingly create wills that fail to meet these requirements — for example, missing witness signatures or improper notarization. Others make handwritten modifications that inadvertently invalidate the document.

A legal review ensures:

Your will satisfies statutory execution rules
Guardianship provisions for minor children are clear
Your personal representative is properly appointed
Outdated beneficiaries or deceased individuals are removed
Your will coordinates with your trust, if you have one

Because the Probate and Family Court follows strict statutory guidelines, an improperly executed will can lead to delays, disputes, or partial intestacy — meaning the Commonwealth decides how some assets are divided. Reviewing your will with an attorney ensures that your instructions are honored.

Reviewing Trusts Under Massachusetts Trust Law

Trusts are powerful tools, but only when drafted and maintained correctly. Under M.G.L. c.203E, trustees must follow specific fiduciary duties, notice requirements, and administrative rules. Many older trusts fail to comply with the Massachusetts Uniform Trust Code because they were created before the statute existed or were drafted without consideration of future tax or Medicaid planning issues.

A lawyer should review your trust to confirm:

It is properly funded with real estate, bank accounts, or investments
The trustee’s powers comply with Massachusetts law
The successor trustee list is complete and updated
Trust distribution terms align with your current goals
The trust avoids probate as intended
The trust protects beneficiaries appropriately

For blended families, a trust review is critical to ensure that both your spouse and children benefit as intended, especially where a QTIP or marital trust is involved.

Reviewing Beneficiary Designations For Consistency

Even the best estate plan fails if beneficiary designations on retirement accounts, life insurance, annuities, and bank accounts do not match the plan. In Massachusetts, beneficiary designations override wills and trusts. This means:

An ex-spouse may still receive assets if not removed
Assets may pass to minors without proper trust protections
Inconsistent designations may disinherit intended beneficiaries

We often review estate plans where the documents say one thing, but the financial paperwork says something entirely different. A coordinated review prevents contradictions and ensures your full estate plan works as a unified strategy.

Reviewing Powers Of Attorney And Health Care Proxies

A complete estate plan requires more than a will or trust. Under M.G.L. c.201D, a health care proxy is necessary to appoint someone to make medical decisions if you become incapacitated. Similarly, under M.G.L. c.190B § 5-501, a durable power of attorney allows someone to manage financial affairs if you cannot.

These documents must be reviewed to ensure:

Your appointed agents are still appropriate
Your chosen alternates are up to date
Your instructions comply with Massachusetts statutes
Medical privacy (HIPAA) releases are correctly included
Financial powers are broad enough for modern needs

We often update incapacity documents for clients who prepared them years ago or used templates that fail to meet current legal standards.

Reviewing Your Plan For Probate Avoidance

Many Massachusetts residents assume that simply having a will avoids probate. It does not. Only a properly funded trust, paired with correctly titled assets, avoids the probate process under M.G.L. c.190B. When we review estate plans, we often find:

Homes not retitled into the trust
Bank accounts still in individual names
Brokerage assets not linked to the trust
Missing trustee certifications or schedules

Even one unfunded asset can trigger probate, which delays distribution, increases costs, and exposes family matters to public record. A legal review prevents these issues by ensuring your trust is properly funded and your titles reflect your intentions.

Reviewing For Massachusetts Estate Tax Exposure

Massachusetts has its own estate tax with a threshold of $2 million. This means many homeowners in Gloucester, Rockport, Manchester By The Sea, and Beverly may unintentionally trigger estate taxes. A lawyer reviewing your estate plan will:

Evaluate your tax exposure under current law
Recommend credit-shelter or QTIP trusts for married couples
Help reduce or eliminate unnecessary tax liability
Coordinate planning with life insurance and retirement assets

A review ensures that your estate passes to your family, not to unexpected tax obligations.

Why DIY Or Outdated Plans Often Fail

Many people rely on online templates, old documents drafted in another state, or plans that were never fully completed. Common issues we find include:

Missing signatures or improper witnessing
Trusts created but never funded
Wills referencing children no longer minors
Conflicting clauses that invalidate sections
Incorrect Massachusetts statutory references
Beneficiary designations that contradict the plan

These issues remain hidden until a crisis occurs, causing family conflict, delays, or court intervention. A thorough review eliminates these risks before they become problems.

When You Should Have Your Estate Plan Reviewed

We recommend reviewing your plan every three to five years or whenever major life events occur, such as:

Marriage, divorce, or remarriage
Birth or adoption of a child
Purchase or sale of real estate
Significant change in financial assets
Health concerns requiring long-term care planning
Change in relationships with beneficiaries or trustees
New tax laws or changes to Massachusetts statutes

Regular reviews keep your plan aligned with your goals and current legal requirements.

The Value Of A Professional Review

Having a Massachusetts estate planning attorney review your documents ensures clarity, legal compliance, and peace of mind. It protects you from unintended mistakes and ensures that your spouse, children, and other beneficiaries receive what you intend. With a proper legal review, you avoid unnecessary probate, tax exposure, disputes, and administrative complications. Most importantly, you gain confidence that your estate plan truly works.

Frequently Asked Questions About Whether You Need A Lawyer To Review Your Estate Plan

Why Should I Have A Lawyer Review My Existing Estate Plan In Massachusetts?
A lawyer ensures that your documents comply with current Massachusetts statutes, including the Uniform Probate Code and Trust Code. Many estate plans contain technical errors or outdated provisions that would create problems during probate or trust administration. A review corrects deficiencies and ensures your wishes are legally enforceable.

What Problems Can A Lawyer Identify That I Might Miss?
A lawyer can identify issues such as improper execution of wills, unfunded trusts, outdated beneficiaries, conflicting clauses, missing fiduciary provisions, and incorrect titling of assets. These issues often remain unnoticed until a death or incapacity event, causing expensive delays and disputes.

Does A Lawyer Need To Review My Trust If It Was Created Years Ago?
Yes. Older trusts may conflict with the Massachusetts Uniform Trust Code, enacted after many trusts were originally drafted. A review ensures that trustee powers, notice requirements, and fiduciary responsibilities comply with current law and that your trust still matches your goals.

Do I Need A Lawyer To Review My Beneficiary Designations?
Yes. Beneficiary designations override wills and trusts in Massachusetts. If designations on life insurance, retirement accounts, or bank accounts do not match your estate plan, your assets may pass to unintended recipients. A legal review ensures consistency.

How Often Should I Have My Estate Plan Reviewed?
Estate plans should be reviewed every three to five years or after major life events, such as marriage, divorce, birth of a child, property acquisition, or major financial change. Regular review ensures your plan remains current and legally sound.

What Happens If My Estate Plan Is Not Reviewed And Becomes Outdated?
An outdated plan may trigger probate, unintended tax liability, disputes between family members, or partial intestacy. Courts follow Massachusetts statutory rules, not assumptions about what you “would have wanted.” A review keeps your wishes clear and enforceable.

Can A Lawyer Help Reduce My Massachusetts Estate Tax Exposure?
Yes. Massachusetts imposes an estate tax on estates over $2 million. A lawyer can use tax-efficient trusts and planning strategies to reduce or eliminate estate tax liability for married couples and individual homeowners.

Is It Too Late To Review My Estate Plan If I Am Older Or Facing Health Issues?
No. Estate plans can be reviewed and updated as long as you have legal capacity. In fact, reviewing your plan becomes even more important as you age to ensure proper fiduciary appointments and long-term care planning.

Call The Sullivan Firm P.C. Today

At The Sullivan Firm P.C., we review estate plans for families across Gloucester, Rockport, Manchester By The Sea, Beverly, and the entire North Shore. A proper legal review ensures that your will, trust, powers of attorney, and beneficiary designations fully protect your loved ones and comply with Massachusetts law.

Call us today at 978-325-2721 for a free consultation. Our Gloucester office is ready to help you confirm that your estate plan truly works when your family needs it most.

Estate planning is one of the most important steps we can take to protect our families, our property, and our wishes under Massachusetts law. Too often, people in Gloucester, Rockport, Manchester By The Sea, Beverly, and throughout Essex County wait until it is too late or make critical mistakes that create unnecessary stress for their loved ones. When mistakes are made, the Probate and Family Court is left to sort things out, often according to default state statutes rather than your true intentions. The good news is that Massachusetts law provides clear frameworks for wills, trusts, health care proxies, and durable powers of attorney, but those tools must be set up and maintained properly. By learning about common errors and their consequences, we can better prepare and safeguard our estates for the future.

Failing To Create A Will Under Massachusetts Law

One of the most common mistakes is failing to create a valid will. Under the Massachusetts Uniform Probate Code, M.G.L. c.190B, if a person dies without a will, their estate is distributed according to the intestacy provisions in Article II. This means the Commonwealth decides who inherits your property, which may not align with your intentions. For example, a surviving spouse may be forced to share assets with children or parents depending on family structure. A properly executed will ensures your property is transferred according to your instructions and allows you to name guardians for minor children.

Ignoring The Importance Of Trusts

Another mistake we see frequently is assuming that a will is enough. While a will directs the distribution of assets, it must pass through probate, which can be time-consuming and costly. Massachusetts law recognizes revocable and irrevocable trusts under M.G.L. c.203E, known as the Massachusetts Uniform Trust Code. A properly funded revocable trust can help families in Gloucester and Essex County avoid probate, maintain privacy, and streamline administration. For those concerned about long-term care costs, an irrevocable Medicaid trust set up early can protect a family home from MassHealth’s recovery process, but only if done in compliance with the five-year lookback period.

Failing To Plan For Incapacity

Estate planning is not just about what happens after death. Many families make the mistake of not planning for incapacity. Massachusetts law allows for durable powers of attorney under M.G.L. c.190B §5-501 and health care proxies under M.G.L. c.201D. Without these documents, your loved ones may have no legal authority to manage your finances or make medical decisions on your behalf. In that situation, the Probate Court may need to appoint a guardian or conservator, which can be expensive and emotionally taxing. By preparing these documents now, you maintain control over who will step in if needed.

Not Updating An Estate Plan

An estate plan is not a static document. Too many people create a will or trust and then never revisit it. Changes in family circumstances such as marriage, divorce, birth of a child, or acquisition of new property all require updates. Massachusetts law allows wills to be revoked or amended and trusts to be modified in certain circumstances. Without updates, old beneficiaries may still inherit or new family members may be excluded. Regular reviews every three to five years are critical to keeping your plan valid and aligned with your wishes.

Overlooking Tax And Probate Considerations

Massachusetts imposes an estate tax on estates exceeding $2 million, a threshold that captures many families with real estate in Essex County. Failing to plan for this tax can significantly reduce the value of what your loved ones inherit. Strategies using trusts, charitable giving, and lifetime transfers can minimize the impact, but these tools must be implemented in compliance with state law. Probate also has costs and delays that can be minimized with trusts and beneficiary designations.

Frequently Asked Questions About Avoiding Estate Planning Mistakes In Massachusetts

What Happens If I Die Without A Will In Massachusetts?
If you die without a will, your estate is distributed under the Massachusetts Uniform Probate Code, M.G.L. c.190B, according to intestacy laws. This means the state decides who inherits your assets. Depending on your family structure, a spouse may share with children or parents. This process often does not reflect your actual wishes and can create conflict among family members.

Why Is A Trust Better Than Just A Will In Massachusetts?
A will must go through probate, which can delay asset distribution and expose private details to the public. A trust, governed by M.G.L. c.203E, can hold your assets and pass them directly to your beneficiaries without probate. Revocable trusts also allow for management during incapacity, while irrevocable trusts provide asset protection and Medicaid planning benefits. A trust complements, rather than replaces, a will.

Do I Need A Health Care Proxy In Massachusetts?
Yes. Under M.G.L. c.201D, every adult should have a health care proxy. This document allows you to designate someone to make medical decisions if you cannot. Without one, the court may appoint a guardian, which can delay urgent care and leave decisions in the hands of someone you might not have chosen.

How Often Should I Update My Estate Plan In Massachusetts?
We recommend reviewing your estate plan every three to five years or after major life events such as marriage, divorce, new children, or property purchases. Massachusetts statutes allow wills to be amended or revoked, and trusts can be modified or restated. Without updates, your plan may no longer reflect your family situation or current laws.

Can Estate Planning Reduce Massachusetts Estate Taxes?
Yes. The Massachusetts estate tax applies to estates exceeding $2 million. Trusts, gifting strategies, and charitable giving can all reduce tax liability, but they must be carefully drafted under Massachusetts law to be effective. Planning ahead ensures more of your estate passes to your family rather than to the Commonwealth.

Is Probate Always Required In Massachusetts?
Not always. Assets held in trust or with valid beneficiary designations (like retirement accounts or life insurance) bypass probate. Probate is required for property solely in the decedent’s name without designated beneficiaries. Using trusts and careful planning reduces the need for probate court involvement.

Call The Sullivan Firm P.C. For a Free Consultation

At The Sullivan Firm P.C., we help families in Gloucester, Rockport, Manchester By The Sea, Beverly, and across Essex County avoid the most common estate planning mistakes and build plans that truly protect their futures. Estate planning is about more than documents—it is about ensuring your loved ones are protected, your wishes are honored, and your estate is preserved under Massachusetts law.

Call The Sullivan Firm P.C. at 978-325-2721 for a free consultation. Our office in Gloucester proudly serves clients throughout the North Shore, and we are ready to help you create or update your estate plan with confidence.

Tag Archive for: estate planning lawyer in Gloucester

Do I Need A Lawyer To Review My Estate Plan?