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How can a health care proxy be revoked?

There are a few ways that a health care proxy may be revoked.  It can be revoked if one of the following events occur: 1.  If you sign a different health care proxy at a later date, 2.  If you divorce or legally separate your spouse who you had named in your health care proxy as your agent, 3. If you notify…

Are there any restrictions on who I can choose to be an executor?

An executor cannot be a minor, convicted felon, or non-United States citizen.  Furthermore, while Massachusetts allows you to name someone who lives in another state to be your executor, you will need to appoint an agent who can act on their behalf.  There is an “Appointment of Agent” form that may be filled out at the probate office.  This requires the non-resident…

What is an Interrorem Clause?

“Interrorem” in Latin means to “put one in fear.”  An “Interrorem Clause” can be inserted into a Will and basically states that if any person provided for in the Will files a Will contest, that person will lose any bequest or benefit provided for them in the Will.  This is often helpful to stop someone from challenging the will, which could result in a…

If a Trust Has an Expiration Date, Can it Be Extended?

There’s a trust, whether it was created by you or someone else, and you want to know if it can be extended so that it doesn’t expire.  It depends entirely on the type of trust and how the trust was drafted. People often think that a trust is a trust; that there’s no difference between one person’s trust and another except for…

What Happens If You Don’t Want to Inherit Anything?

Although it may sound strange that someone would want to turn down an inheritance, there are situations where it may be wise to not accept the inheritance.  It is possible to turn down an inheritance by filing a disclaimer.   A disclaimer is the refusal to accept an inheritance.  The disclaimer must be in writing and submitted to the court that is overseeing the disposition of…