Smithson James L

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Map & DirectionsDirections77 Summer St Ste 601Boston, MA 02110 Write a ReviewWrite Review

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Neighborhood: Downtown Boston
Categories: Social Security & Disability Law Attorneys, Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (617) 695-9799

Address: 77 Summer St Ste 601, Boston, MA 02110

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Smithson James L

Family Law

Divorce
Premarital Agreement
• donor does not want surviving spouse to have complete control because of possibility of remarriage; the spouse may also feel more comfortable without complete control of the assets in the event of remarriage–won’t have to make hard choices between children and the second spouse and may lessen the need for a prenuptial agreement.
Guardianship
One of our lawyers was appointed guardian ad litem by the court to represent a person under guardianship in what was believed to be the first case brought under a then new Massachusetts statute permitting estate planning for persons under guardianship or conservatorship. 358 Mass. 126 (1970).

Health Law

Medicaid Planning
There are also techniques for Medicaid planning. These techniques involve reducing your income and assets to a level where you would qualify for what is essentially a welfare program - Medicaid. Medicaid planning may also be used to try to protect the property of a spouse who is able to remain at home from being used to pay the expenses of a spouse who must go into a nursing home. This area is highly regulated and the regulations change frequently, making it more and more difficult for people with substantial assets to position themselves to qualify for Medicaid. We refer Medicaid planning to lawyers outside of Tyler & Reynolds who specialize in it.

Trusts and Estates

Estate Planning
The goal of estate planning is to pass your property where you want it to go at your death with minimum tax cost and other expense.
Wills
The will and trust practice is usually a friendly one involving families, and does not generally involve lawsuits. Our first goal is to draft estate plans so there are no problems. When there are problems among family members or other beneficiaries, our goal is to work it out without going to court and with the least possible damage to the family relationship.
Trusts
Several cases in the Massachusetts Supreme Judicial Court involved the meaning of the term “issue,” a basic term used in most wills and trusts. The inclusion of adopted children, children born out of wedlock, and children with living parents were questions in these cases. 361 Mass. 230 (1972); 394 Mass. 306 (1985); 399 Mass. 650 (1987). Another case involved the questions of which generations are included in the term “issue.” 344 Mass. 107 (1962).
Power of Attorney
We work with you to develop a plan to care for your family financially when you are no longer able to control the process personally because of illness or death. We prepare the legal documents necessary to implement the plan, such as wills, trusts, powers of attorney and health care proxies. When you become ill or die, we see that your family understands the plan and that it is properly executed. This may range from administering the estate and filing the required estate tax return, to advising executors and trustees and working with the family long term. One of our goals is to minimize taxes. We also assist in administering estates and trusts planned by others but where legal services are required or there are new questions or concerns.
Probate

Finance Law

Tax Law
In 906 F.Supp. 24 (United States District Court, D. Mass. 1995), we secured a substantial federal estate tax refund for a client in a case involving some important issues of federal tax law.

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