LAW OFFICES OF
Boyd & Boyd, P.C.
Estate Planning for families nationwide.
If Your Family Had to Act Tomorrow, Would They Know What to Do?
Who could manage your finances or make medical decisions if you could not? Who would receive what you leave—and how? Start with your question. Find the planning decisions behind it.
Estate Planning Addresses Five Common Objectives
Estate Planning is the process of putting your wishes into a workable plan for your lifetime and after your death. It addresses five common objectives: passing wealth at death; planning for financial and medical incapacity; avoiding Probate; protecting assets for you and your heirs; and avoiding or minimizing Income and Estate Taxes.
What Would You Like to Understand?
Choose a question. The cards below will adapt to the concern you select.
You can change your question at any time.
YOUR QUESTION, ANSWERED
What’s the difference between a Will and a Trust?
Two Documents. Different Jobs. One Family Depending on Them.
A Will directs the distribution of your Probate property after death and can nominate a guardian for minor children, subject to court approval. A Trust holds and manages property under its terms; a properly funded Living Trust can provide continuity during incapacity and transfer its assets outside Probate.
They often work together. A Will does not control every account you own, and a Trust does not automatically include property simply because you signed it. The right choice starts with what your family needs the plan to do.
HOW THE LAW WORKS
The Law Allows Them to Work Together. The Transfer Still Matters.
Massachusetts law expressly allows a Will to leave property to an identified Trust. That is the legal foundation for a Pour-Over Will.
But property passing through a Will generally still follows the Probate process before reaching the Trust. Property already properly held in the Trust follows a different route.
That distinction explains why signing both documents is only part of the work. Ownership and beneficiary designations must fit the plan.
WHAT THIS MEANS FOR YOUR FAMILY
Compare What Your Family Would Have to Do.
Would your family need help managing a home or accounts during incapacity? Is reducing Probate administration a priority? Should an inheritance be managed over time rather than paid outright?
A Will and a Trust answer different parts of those questions. Neither label, by itself, tells you whether your wishes and assets are coordinated.
The decision is about continuity, control, and the responsibilities you leave to the people you love.
YOUR NEXT STEP
Choose the Path Before Choosing the Paperwork.
Bring your question about Wills and Trusts to a free Estate Planning Strategy Session. Discuss your family, your property, and the outcome you want.
Our team can help you understand the issues behind the choice and the next step if further planning is appropriate.
YOUR QUESTION, ANSWERED
What Is Estate Planning?
Your Family Needs a Plan for Your Life—and for What Comes After.
Estate Planning is the process of putting your wishes into a workable plan for your lifetime and after your death. It addresses five common objectives: passing wealth at death; planning for financial and medical incapacity; avoiding Probate; protecting assets for you and your heirs; and avoiding or minimizing Income and Estate Taxes.
You may have a Will and still leave important questions unanswered. Who can pay the bills if you cannot? Who can make medical decisions? Will an inheritance reach the right person—and remain available for that person’s needs? How much will be lost to taxes?
1. Pass Your Wealth to the People You Choose
Decide who should receive what you leave, when they should receive it, and under what terms. A plan can provide for a spouse, children, other loved ones, or charitable causes. Your Will, Trusts, account ownership, and beneficiary designations need to work together, because a Will does not control every asset.
2. Plan for Incapacity—Financial and Medical
Choose trusted people with the legal authority to act if you cannot. Financial planning may use a Durable Power of Attorney and appropriate Trust provisions so someone can manage accounts, pay bills, and care for property. Medical planning uses a Health Care Proxy to appoint a Health Care Agent. Financial authority and medical authority are separate; one does not automatically confer the other.
3. Avoid Probate Where Appropriate
Give your family a practical path for transferring property without unnecessary court involvement. A properly funded Trust and appropriate ownership or beneficiary arrangements can transfer particular assets outside Probate. Signing a Trust alone does not accomplish this: the assets and instructions must be coordinated.
4. Address Asset Protection—for You and Your Heirs
Consider risks to what you own and what your loved ones will inherit, including creditor claims, lawsuits, long-term care costs, and an heir’s divorce or financial difficulties. Different risks require different planning. A Revocable Living Trust generally does not protect your own assets from your creditors. Carefully designed inheritance Trusts may provide protection for heirs, depending on their terms and applicable law. The right approach also depends on timing, ownership, and your need to retain access and control.
5. Avoid or Minimize Income and Estate Taxes
Look at what your family keeps after taxes—not simply whether one particular tax can be reduced. Estate Tax planning and Income Tax planning can pull in different directions. A transfer that reduces your taxable estate may affect the cost basis your heirs receive and the Capital Gains Tax they pay later. The plan should consider both taxes together, along with retirement accounts and your family’s circumstances.
A REAL CASE. A PLANNING LESSON.
Who Has the Authority When You Cannot Decide?
In 1975, Karen Ann Quinlan became unable to make her own medical decisions. Her father sought court authority to act for her and to authorize the withdrawal of life-sustaining treatment. The dispute reached the New Jersey Supreme Court.
In its 1976 decision, the court ordered his appointment as her guardian and recognized his authority to exercise her right to decline treatment, subject to the conditions set out in the decision. He was a court-appointed guardian—not a Health Care Agent she had chosen in advance.
The planning lesson is the burden placed on a family when decision-making authority has not been settled beforehand. In Massachusetts today, a Health Care Proxy lets you choose the person who can make medical decisions if you lose the capacity to make them yourself. Discussing your wishes helps that person understand the responsibility.
MAKE YOUR WISHES WORKABLE
In Massachusetts, Appoint a Health Care Agent.
Massachusetts does not recognize a Living Will as a legally binding medical directive. A written statement of your wishes can provide useful guidance, but it does not replace a Health Care Proxy appointing an agent.
Under Massachusetts law, the agent’s authority begins when the attending physician determines that you lack capacity to make health care decisions, following the statutory requirements. The agent acts within the authority granted by the Proxy and must make decisions according to your wishes, including your religious and moral beliefs, or your best interests if those wishes are unknown.
That answers the medical question. Your financial affairs need their own plan. The person speaking with doctors may be different from the person handling your accounts, investments, property, or bills. Both need authority suited to the job.
Then test the rest of the plan: will your property pass as intended, can Probate be avoided where appropriate, what protections fit your family, and how do the tax choices affect what your heirs keep? A collection of signed documents is valuable only when it serves these objectives.
YOUR NEXT STEP
Which of These Five Objectives Still Needs Attention?
You do not need to arrive with a list of documents to buy. Start with the people you want to protect and the decisions you want to keep in your hands.
During your free Estate Planning Strategy Session, discuss the goals that matter to your family, the arrangements you already have, and the questions that remain. A clearer next step can replace the uncertainty of wondering whether “having a Will” is enough.
What would it mean to know who can act for you, how your loved ones will receive their inheritance, and which protection and tax questions deserve attention? That is the purpose of starting this conversation.
The Strategy Session is free. Any legal work beyond the session requires a separate engagement.
YOUR QUESTION, ANSWERED
How do I avoid Probate?
A Signed Will Does Not Take Your Family Out of Probate.
Probate is the court process for administering property that passes through an estate. A Will directs that property; it generally does not remove it from Probate.
Property properly held in a Trust, accounts with effective beneficiary designations, and certain survivorship interests can pass outside Probate. Whether that works depends on the asset, the ownership or designation, and applicable law—not simply on having a document labeled Estate Plan.
HOW THE LAW WORKS
The Route an Asset Takes Starts With Its Ownership.
The Massachusetts court system distinguishes Probate assets from property that passes by other arrangements, including Trust ownership and beneficiary designations.
That is the practical turning point: signing a Trust does not, by itself, change the title to your home or every account. An asset left outside the intended arrangement may still require Probate.
Avoiding Probate is a coordination project. The instructions and the property need to point in the same direction.
WHAT THIS MEANS FOR YOUR FAMILY
Less Administration Should Not Create a New Problem.
Adding a child as an owner or naming a beneficiary can change who controls or receives an asset. A shortcut meant to simplify things may create tax, creditor, or family concerns.
The useful question is not just whether an asset avoids Probate. It is whether the right person receives it, on the right terms, with a workable plan if that person dies first.
Your family deserves a transfer plan that reflects your wishes, not a collection of disconnected shortcuts.
YOUR NEXT STEP
Begin With the Property Your Family Would Need to Handle.
Request a free Estate Planning Strategy Session to discuss your home, accounts, and concerns about court involvement or administration.
Start identifying which ownership and beneficiary questions deserve a closer look before deciding how to reduce Probate exposure.
YOUR QUESTION, ANSWERED
Do I need a Trust?
Do You Need a Trust—or a Better Way to Achieve a Specific Goal?
A Trust may be useful when you want continuity during incapacity, fewer assets passing through Probate, or an inheritance managed for a loved one rather than distributed outright.
The answer depends on your property, family, and priorities. Different Trusts serve different purposes. A Revocable Living Trust and a Trust designed to protect a beneficiary’s inheritance are not interchangeable solutions.
A REAL CASE. A PLANNING LESSON.
The Word “Trust” Did Not Resolve the Risk.
In Jones v. Jones (2023), a mother had established an Irrevocable Trust for her daughter. During the daughter’s Massachusetts divorce, the court examined her rights under that particular Trust.
The Appeals Court upheld including the daughter’s Trust interest in the marital estate because her rights were sufficiently fixed and enforceable. The decision did not hold that every Trust is treated the same way.
The lesson: the result depends on the actual terms and circumstances. Start with the risk you want to address, then consider a structure suited to that goal.
WHAT THIS MEANS FOR YOUR FAMILY
What Would You Want a Trust to Change?
Would you want a trusted person to manage property if you became ill? Would an outright inheritance be difficult for a child to handle? Are you worried about the wealth you leave being exposed to a beneficiary’s divorce or creditors?
Those are different planning objectives. The terms, administration, and asset coordination matter more than the name on the cover.
A useful Trust solves a defined problem. It should earn its place in your plan.
YOUR NEXT STEP
Bring the Goal. We Can Discuss the Options.
You do not need to decide that you want a Trust before contacting us. Request your free Estate Planning Strategy Session and explain what worries you.
Discuss whether a Trust belongs in the planning conversation, what it would need to accomplish, and the next step toward a suitable approach.
YOUR QUESTION, ANSWERED
How much does Estate Planning cost?
Before Comparing Prices, Compare What the Plan Is Supposed to Do.
Estate Planning fees depend on the scope of the work, your family and assets, and the complexity of the planning. A price for a Will is not necessarily a price for coordinating incapacity decisions, account beneficiaries, Trust funding, and inheritance arrangements.
Ask what is included, what you must do afterward, and how future changes will be handled. An informed decision compares the proposed work with the outcome you want—not just the number of documents.
A REAL CASE. A PLANNING LESSON.
A Few Words Changed Who Received an Estate.
In Mahoney v. Grainger (1933), a Massachusetts woman told her attorney she wanted her cousins to share her estate. Her Will instead left the residue to her legal heirs.
Her surviving aunt was her legal heir. The court applied the written language, and the cousins did not receive the residue.
This historical case is not evidence that a low-priced plan caused the problem; the opinion does not establish that. It shows why accurately expressing and implementing your choices matters.
WHAT THIS MEANS FOR YOUR FAMILY
What Are You Asking the Investment to Protect?
Perhaps you want your spouse to have continuity, a child’s inheritance to be managed responsibly, or fewer unresolved decisions left to your family. Those priorities give a fee discussion meaning.
Ask whether the proposed approach addresses those priorities and whether ownership and beneficiary instructions will be coordinated. Understand the scope before committing.
The value lies in helping your family carry out your wishes, with fewer unanswered questions at a difficult time.
YOUR NEXT STEP
Get Clarity Before Committing to Legal Work.
Your Estate Planning Strategy Session is free. Discuss your goals, the issues that may require planning, and the proposed scope and investment if further work is recommended.
You can make the next decision with a better understanding of what you are considering and why it matters.
YOUR QUESTION, ANSWERED
What happens if you die without a Will?
You Already Have a Default Plan. Did You Choose It?
If you die without a valid Will, state Intestacy rules determine who receives your Probate property. They do not simply ask the family to agree on what you would have wanted.
In Massachusetts, a spouse’s share depends on the family circumstances, including surviving parents and children and whether children are shared. A spouse does not automatically receive everything in every situation. Assets with effective beneficiary or survivorship arrangements may pass separately.
HOW THE LAW WORKS
The Law Follows a Formula, Not a Family Conversation.
Massachusetts law sets out one set of inheritance rules for a surviving spouse and another for other heirs. The distribution changes with the relatives who survive you.
That is the real story behind Intestacy: the law supplies instructions when you have not supplied an effective Will for Probate property. It cannot tailor the inheritance to a child’s needs, a personal promise, or a charity you care about.
Other states have their own rules. Your family structure and the law that applies determine the result.
WHAT THIS MEANS FOR YOUR FAMILY
Would the Default Rules Recognize Your Priorities?
Consider an unmarried partner, a blended family, or loved ones with different financial needs. Would you want equal distributions, a managed inheritance, or a gift to someone outside the legal line of succession?
A Will can express your choices for Probate property and nominate people to administer your estate. It must be coordinated with accounts that pass by other instructions.
Planning gives you an opportunity to make those decisions yourself rather than leaving them to a statutory formula.
YOUR NEXT STEP
Make Your Choices While You Can.
Request your free Estate Planning Strategy Session to discuss who matters to you, what you want them to receive, and who should carry out your wishes.
Begin with your priorities. Our team can help you identify the next planning decision.
YOUR QUESTION, ANSWERED
Why is Estate Planning important?
Your Will Can Say One Thing While an Account Sends the Money Somewhere Else.
Estate Planning matters because your wishes need a workable path. It names people to act during incapacity and coordinates how property passes after death.
A Will, Trust, account title, and beneficiary designation can each control different parts of that path. An old instruction may continue to matter after a marriage, divorce, birth, death, or move.
A REAL CASE. A PLANNING LESSON.
The Beneficiary Form Still Named His Former Wife.
William Kennedy had named his wife as beneficiary of his employer’s retirement plan. They later divorced, but he did not change the plan’s beneficiary designation.
In Kennedy v. Plan Administrator for DuPont (2009), the United States Supreme Court upheld payment to the former wife under the plan documents despite a waiver in the divorce decree.
This was an employer-plan case governed by federal law, not a ruling that every IRA follows the same rules. Its planning lesson is clear: important life changes should prompt a coordinated review of the instructions attached to your assets.
WHAT THIS MEANS FOR YOUR FAMILY
Has Your Life Changed Since Your Plan Was Written?
Look at who you have named to act, who is listed on retirement accounts and insurance, and how your home and other property are owned. Do those instructions still reflect your wishes?
The people you love may know what you intend. Institutions and administrators still need legally effective directions.
The value of planning is more than completing a task. It is keeping your choices aligned with your life so your family has a clearer path when they need it.
YOUR NEXT STEP
Turn a Concern Into One Practical Next Step.
Request a free Estate Planning Strategy Session to discuss what has changed, what matters now, and whether your arrangements deserve a closer look.
You do not need to solve everything before calling. Start with the question that brought you here.
IN A REVIEWER’S OWN WORDS
Understanding Your Trust Choices
★★★★★ 5-Star Google Review
“Boyd & Boyd takes the time to walk you through the entire process of creating the trust that is best for you.”
— Edward Breen
Review excerpts reflect individual experiences and do not guarantee an outcome for another family.
IN A REVIEWER’S OWN WORDS
Clarity and Confidence
★★★★★ 5-Star Google Review
“Everyone was extremely helpful during the entire process and we feel confident that we have a sensible and comprehensive estate plan.”
— Pamela Gordon
★★★★★ 5-Star Google Review
“There was so much information. I was very impressed and am very excited to have my consultation.”
— Pam Hart
Review excerpts reflect individual experiences and do not guarantee an outcome for another family.
IN A REVIEWER’S OWN WORDS
Knowledgeable Guidance
★★★★★ 5-Star Google Review
“Keats is a wonderful lawyer and really knows his field. He and his staff have been delights to work with.”
— Sara Waters
Review excerpts reflect individual experiences and do not guarantee an outcome for another family.
IN A REVIEWER’S OWN WORDS
Confidence in Trust Decisions
★★★★★ 5-Star Google Review
“After attending again this year, I feel much more confident in my trust decisions.”
— Elaine Gerlt
Review excerpts reflect individual experiences and do not guarantee an outcome for another family.
IN A REVIEWER’S OWN WORDS
Clear Explanations
★★★★★ 5-Star Google Review
“They were immediately responsive and explained all we needed to know.”
— Bob
Review excerpts reflect individual experiences and do not guarantee an outcome for another family.
IN A REVIEWER’S OWN WORDS
Room for Your Questions
★★★★★ 5-Star Google Review
“Very thorough presentations. Took time to answer all questions.”
— Tabetha Avtges
Review excerpts reflect individual experiences and do not guarantee an outcome for another family.
IN A REVIEWER’S OWN WORDS
Planning for the Next Generation
★★★★★ 5-Star Google Review
“He has helped us establish and understand the trusts we need to ensure the best for our sons”
— Nelson Frew
Review excerpts reflect individual experiences and do not guarantee an outcome for another family.
Your Family at the Center. Our Team Beside You.
F. Keats Boyd III and Whitney N. Tashjian help families think through important Estate Planning and Wealth Protection Planning decisions. At Boyd & Boyd, P.C., the conversation begins with what you want to protect and what you want the next generation to understand.
Questions and Answers
What’s the difference between a Will and a Trust?
A Will directs the distribution of your Probate property after death and can nominate a guardian for minor children, subject to court approval. A Trust holds and manages property under its terms; a properly funded Living Trust can provide continuity during incapacity and transfer its assets outside Probate.
What is Estate Planning?
Estate Planning is the process of putting your wishes into a workable plan for your lifetime and after your death. It addresses five common objectives: passing wealth at death; planning for financial and medical incapacity; avoiding Probate; protecting assets for you and your heirs; and avoiding or minimizing Income and Estate Taxes.
How do I avoid Probate?
Probate is the court process for administering property that passes through an estate. A Will directs that property; it generally does not remove it from Probate.
Do I need a Trust?
A Trust may be useful when you want continuity during incapacity, fewer assets passing through Probate, or an inheritance managed for a loved one rather than distributed outright.
How much does Estate Planning cost?
Estate Planning fees depend on the scope of the work, your family and assets, and the complexity of the planning. A price for a Will is not necessarily a price for coordinating incapacity decisions, account beneficiaries, Trust funding, and inheritance arrangements.
What happens if you die without a Will?
If you die without a valid Will, state Intestacy rules determine who receives your Probate property. They do not simply ask the family to agree on what you would have wanted.
Why is Estate Planning important?
Estate Planning matters because your wishes need a workable path. It names people to act during incapacity and coordinates how property passes after death.
Before You Contact Our Team
I already have a Will or Trust. Is a conversation still useful?
Yes. An existing plan is a starting point. Changes in your family, your assets, or your wishes may make a review worthwhile. Bring the questions you have about whether your current plan still fits.
Do I need to decide which Trust I want before calling?
No. Start with your goals and concerns. The appropriate planning approach depends on your circumstances; you do not need to choose a document before speaking with our team.
Can I work with Boyd & Boyd, P.C. if I live outside Massachusetts?
We assist families nationwide. Families outside Massachusetts may come to our office to sign, or we may work with co-counsel licensed in their home state. The arrangement depends on the work and the applicable state’s requirements.
Is the Estate Planning Strategy Session free?
Yes. You can request a free Estate Planning Strategy Session. Contact our team to arrange the conversation and discuss your next step.
Continue Your Reading
Authoritative Resources
YOUR FREE ESTATE PLANNING STRATEGY SESSION
Give Your Family Direction Before They Need It.
Request your free Estate Planning Strategy Session to discuss who could act for you, who should inherit, and where your current arrangements may leave unanswered questions.
What Is It Worth to Give Your Family Direction?
Your voice when you cannot speak: begin considering who should act and how to make your wishes known.
Your choices about what you leave: discuss who should benefit and whether an outright inheritance fits their needs.
Less guesswork for the people you love: identify the next step toward coordinating your wishes, property, and account instructions.
The session is free. You do not need to choose a Trust before you call. Legal work beyond the session requires a separate engagement.
(508) 444-9688 · Tell our team which question brought you here.
1555 Iyannough Road, Unit 1BW • Hyannis, Massachusetts 02601
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General information only. Legal advice depends on your circumstances and an attorney-client engagement.