FAQs

The Law Office of Tracey D. Smith LLC

  • What's the difference between a will and a trust?

    A will generally goes through probate court, which is a public process for asset distribution. A trust, when properly structured, can avoid probate. As estate planning lawyers serving Harwich, MA, we can assist you in setting up your will or trust correctly to achieve your objectives.
  • What are the risks of a DIY will?

    Unclear documents or those that fail to meet legal requirements can lead to years of costly probate court proceedings for your family after your passing. Notably, only 24% of individuals aged 18 to 34 have a will, indicating significant gaps in estate planning. Our firm guides clients through the estate planning process, ensuring clear, legally sound documents that avoid unnecessary complications. As preferred estate planning lawyers in Harwich, MA, we help safeguard your wishes and provide peace of mind for your loved ones.
  • How can I change my will or trust?

    You can modify your estate plan by amending or restating it, ensuring it remains current and effective. As recommended estate planning lawyers in Harwich, MA, we can assist you in making necessary changes to protect your wishes. Contact the Law Office of Tracey D. Smith, LLC today for a complimentary consultation.
  • What is a personal representative?

    A personal representative is an individual appointed by the probate court to manage your estate after your passing. As trusted estate planning lawyers in Harwich, MA, we can assist you in selecting the appropriate person for this crucial role and ensure your estate is administered according to your wishes.
  • Is my estate plan private?

    The privacy of your estate plan depends on the type of document. Wills are public, while trust plans remain private. As reliable estate planning lawyers in Harwich, MA, we can advise you on the best option to meet your privacy needs and estate goals.
  • What happens if I die without a will?

    In the absence of a will, Massachusetts intestacy laws determine the distribution of your assets. These laws aim to reflect what the legislature believes most families would want. As preferred estate planners in Harwich, MA, we can help you create a will to ensure your assets are distributed according to your specific wishes.
  • What estate planning documents do I need?

    Essential estate planning documents include a replicable trust (recommended), a will, durable power of attorney, health care power of attorney, HIPAA form, and a living will (if desired). As preferred estate planners in Harwich, MA, we can guide you through these crucial documents to ensure your wishes are legally protected.
  • Can I provide for a pet in my estate plan?

    A pet trust allows you to designate a trustee and caretaker for your animal. The caretaker follows your instructions for the pet's care, while the trustee manages any funds allocated for this purpose. As recommended estate planners in Harwich, MA, we can assist you in establishing a pet trust, providing peace of mind for both your pet and loved ones.
  • How often should I review my estate plan?

    Based on our experience, we recommend reviewing your estate plan every five years, or when there's a significant change in your family or financial situation. As reliable estate planners in Harwich, MA, we're available to help you make necessary updates to ensure your plan aligns with your current needs and goals.
  • What's the difference between an irrevocable trust, and a revocable trust?

    A revocable trust allows you to maintain control and make changes as needed. An irrevocable trust, once established, cannot be altered and you relinquish control. As dependable estate planners in Harwich, MA, we can help you determine the most suitable type of trust based on your specific goals and circumstances.