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What is the Difference Between a Power of Attorney and Executor?

There is often a lot of confusion about a power of attorney and an executorship (now called a Personal Representative in Massachusetts). In fact, both legal entities are similar. They both prescribe duties that a person handle for someone who cannot do for themselves. These agents become the rational mind of this individual, doing things in that person’s best interest. Nevertheless, there…

Are Handwritten Wills Valid in Massachusetts?

You may be wondering why a handwritten will, also known as a “holographic will,”  wouldn’t be valid; but when you really think about it, there are a lot of good reasons why that is so.  Many states don’t consider holographic wills valid, but Massachusetts isn’t one of them.  That’s right, in Massachusetts, your will may be handwritten.  According to the law, as…

Temporary Alimony not the same as Permanent Alimony

A recent Supreme Judicial Court case opined on the question of whether alimony issued pursuant to a Temporary Order of the court during the pendency of a divorce credits against the duration of alimony at the conclusion of the divorce when there is a permanent alimony order.  The answer by the SJC is “no”. The SJC in Holmes v. Holmes made one…

I have a child support order from another state and now I need to change it, what can I do?

One of the tricky areas of Massachusetts law is how to treat child support orders from other states.  This area of law can get complicated, and if you’re dealing with this issue, it’s one of the times that the help of an attorney is pretty much indispensable.  In these cases, we aren’t talk about something that’s based primarily on the facts (“substantive…

Disinheriting a Spouse

Why would a person disinherit a spouse? Can you disinherit a spouse and if so, how? There are a myriad of reasons why someone would want to disinherit a spouse. It might be a second marriage and they think that children from the first marriage should take priority over the new spouse. The spouse might be abusive. They might not trust the…