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Understanding Conservatorship and Guardianship: Examining the Austen Family
To best enjoy this post, please be sure to first read A Family History of the Austens. After suffering a major stroke in response to her husband’s untimely death, Juliet remains alive but unresponsive in the hospital. She will need an individual or individuals to make health care and other personal decisions, as well as financial decisions. Juliet likely requires both a guardian and a conservator to act on her behalf. Due to Juliet’s incapacity and her inability to make her own decisions related to physical… Read more
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Using Disclaimers in Estate Planning: Examining the Austen Family
To best enjoy this post, please be sure to first read A Family History of the Austens. My colleague Hether Cahill previously discussed the use of a disclaimer exercised by a conservator for a single transaction. As Hether mentioned, disclaimers can be an excellent estate planning technique. A disclaimer is a refusal of something before it is received and is most commonly used for estate or gift tax savings. Section 2-801 of the Massachusetts Uniform Probate Code outlines the mechanics of properly exercising a disclaimer. For… Read more
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