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Everyone needs legal planning and it should be as unique as you are.
I'm legally married, doesn't everything automatically go to my spouse?
Not always. Without a will, state probate law decides who inherits and your spouse doesn't automatically receive everything. In Massachusetts if you have children from a prior relationship, or if your parents are still living and you have no children, your spouse may share your estate with them. Even when your spouse does inherit everything, relying on state law means no plan for what happens if you pass away together, no say in who settles your affairs, and no protections for the people you love. A will lets you decide, clearly, and on your own terms.
I don't have enough to reach federal or state* estate taxes, do I need planning?
Yes, because estate planning was never really about taxes. It's about naming a guardian for your children, choosing who can make medical and financial decisions if you're ever unable to, keeping your family out of unnecessary court proceedings, and making sure what you have goes where you want it to go. Those questions matter at every level of wealth. (One Massachusetts note: our state estate tax reaches estates over $2 million — a threshold that a home, retirement accounts, and life insurance can cross faster than many families expect. It's worth a conversation even if you think you're nowhere near it.)
I am in a queer relationship, do I need to adopt my child even if I am on the birth certificate?
We recommend it, and here's why: a birth certificate is an administrative record, not a court judgment — and while Massachusetts fully recognizes your parentage, not every state applies the same rules. An adoption decree is different. Under the U.S. Constitution, every state must honor a court judgment of adoption, no matter where you travel or move. A confirmatory adoption doesn't change your family; it simply gives the relationship you already have the strongest legal protection available. We know it can feel unfair to adopt your own child — and we handle the process with the care and respect your family deserves.
Who makes my health care decisions if I become incapacitated without a Health Care Proxy?
Massachusetts doesn't have a legal hierarchy that automatically hands medical decision-making authority to a spouse, adult child, or parent. Massachusetts law allows providers to rely on the "informed consent" of whoever they consider a responsible party. In practice, this can mean whoever shows up and seems closest to you, the patient.
New Hampshire has a law that creates a default priority list of decision-makers when someone is incapacitated and has not named a health care agent. The providing physician willfirst look to a spouse, then adult child, then parent, and so on.
My child is turning 18, what can I do to protect them and what is Young Adult Planning?
The day your child turns 18, they become a legal adult — which means you can no longer automatically access their medical records, speak with their doctors, or help with financial matters, even in an emergency. A few simple documents fix that: a health care proxy, a HIPAA authorization, and a durable power of attorney. Together, they let your child choose who can step in if they ever need help. It's a quick, inexpensive step that gives everyone peace of mind as they head off to college or out into the world.
The above FAQs are not legal advice and do not create an attorney/client relationship. Information provided is purely for educational purposes and does not constitute legal advice.
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