The Law Office of David E. Peterson is a boutique law practice focused on the areas of Estate Planning, Probate, and Corporate Law. We aim to provide sophisticated, effective, and clear solutions to meet your legal needs. Whether you are looking to establish a Will or Trust for your children and family, manage the affairs of a deceased loved one, or start a new business, we will provide you with the legal expertise necessary to achieve your goals.
- Elder Law
- Estate Planning
- Free Consultation
- Credit Cards Accepted
- The Law Office of David E. Peterson
- - Current
- Estate Preservation Law Offices
- Fusaro, Altomare & Ermilio
- Boston College Law School
- J.D. | Law
- University of Massachusetts - Amherst
- B.S. | Environmental Design
- Essex County Estate Planning Council
- - Current
- Essex County Bar Association
- - Current
- Massachusetts Bar Association
- - Current
- Worcester County Bar Association
- Worcester County Estate and Business Planning Council
- Montachusett Estate and Retirement Planning Council
- Musings of a Massachusetts Estate Lawyer
- Massachusetts Appeals Court Weakens Trust Protections in Divorce (Prenups are now more important than ever)
14 May 2019
- When are Kids Old Enough to Handle an Inheritance?
25 April 2019
- When to Begin the Prenup Process in Massachusetts?
28 March 2019
- Recent Court Decision Highlights Dangers in Medicaid Planning in Massachusetts
1 June 2017
- The Dusty Binder: When Good Estate Plans Go Bad
28 April 2016
- Four Reasons to Own Life Insurance
20 January 2015
- How Wealthy People Avoid Estate Taxes
6 January 2014
- Your New Year’s Resolution Starts with a Phone Call (or email).
26 December 2013
- Top Five Methods of Charitable Giving
17 September 2013
- Q. What type of lawyer would handle disputed wills?
- A: A lawyer that specializes in probate would best be able to handle disputed will issues. Such attorneys typically also focus on estate planning, wills, trusts, etc. Take a look at my profile if you're interested.
- Q. I need a will update
- A: Great. Check out my profile and give me a call. I am here to help.
- Q. What is Allowance Of Foreign Will
- A: If a decedent (person who has died) owned property in a jurisdiction outside of their state of residence, then their will may have to be submitted in that jurisdiction in order to deal with that property. In this circumstance, their will is referred to as a foreign will. For example, I live in Massachusetts. If I own property in New Hampshire, then my will would be a foreign will in New Hampshire.
- Q. Irrevocable Trust terminates upon death of beneficiary - no progeny. Can it be broken during lifetime of beneficiary?
- A: Whether or not the trust can be broken depends upon the terms of the trust itself, and the intent of the Grantor. If the terms of the trust indicate that it was the Grantor's intent for the trust to be broken in your situation, then it is likely possible. However, it is doubtful that such intent could be gleamed from the "four corners" of the trust document. It is impossible to go into more specifics without seeing the trust.
- Q. How long does it take to get a license to sell real estate in probate court?
- A: Different counties' Probate Courts have different backlogs. If all of the paperwork is correct, and nothing is amiss, then it could take anywhere from one to three months on average for the entire process to go through.
- Q. Is a poa executed in Florida valid in Massachusetts
- A: In short, yes. Of course you'll want to review the document carefully to see whether it becomes effective immediately, or only on the incapacity of the principal (springing), or whether it specifies any other events of termination. However, your basic, run of the mill Durable Power of Attorney will be valid in Massachusetts, even if signed elsewhere.
- Q. What are the responsibilities and legal liabilities of an appointed agent relative to probate law in Mass. /
- A: Regarding the probate of the estate of someone who has died, the Probate Court appoints either an Executor (if there was a will) or an Administrator (if there was no will). Executors and Administrators are generally tasked with the role of gathering the assets of the decedent, determining and paying valid claims against the estate, filing tax returns, and distributing assets according to the will, or laws of intestacy (if there is no will). Once someone has been appointed Executor or Administrator, then they will only be held personally liable for the debts of the estate, to the extent that they mismanaged the assets of the estate. Of course there are several administrative processes and red tape to maneuver in the probate process, so it is best to seek help from an attorney that specializes in this area.
- Q. My 14 yr old is sole heir of dads estate his gaurdians wont pay her trust what can i do?
- A: If your daughter's father is deceased, then any guardianship/conservatorship over him ended upon his death. The only way to access his non-probate assets (basically, anything not held in trust) is to petition the Probate Court to appoint an Executor or Administrator. If he left a trust, then the Trustee of the trust has access to any assets within the trust. However, the Trustee must administer the trust according to its terms. If the trust is supposed to distribute assets to your daughter, and the Trustee refuses, then you can bring an action in the Probate Court to force them to obey the rules of the trust. Of course this is a general answer, and more specific information may dictate the best course of action.