When you hear the word “estate,” what comes to mind? For many people, it conjures images of sprawling mansions with acres of manicured land. Others might think of estate sales, where a lifetime’s worth of possessions are sold after someone passes away. Still others associate it with real estate transactions, such as buying and selling homes.

In legal practice, however, the word “estate” carries multiple meanings, and this can create confusion when you’re trying to find the right attorney for your specific situation.

Let’s clarify the different types of estate law and help you identify which legal professional you actually need.

i. Estate = Property Owned by a Deceased Person

If you’re dealing with the aftermath of a loved one’s passing and need help distributing their assets, you’re looking for a trust and estates lawyer—specifically one who handles probate or trust administration.

These attorneys guide families through the legal process of settling a deceased person’s affairs. They help navigate probate court, interpret wills and trusts, address creditor claims, and ensure that assets are properly distributed to beneficiaries. This work requires specialized knowledge of inheritance law, tax implications, and court procedures.

ii. Estate = Arranging for Your Own Assets Before You Die

If you’re still living and want to ensure your assets will be distributed according to your wishes after you pass away, you need an estate planning lawyer.

Estate planners help you prepare for the future by creating essential legal documents such as wills, trusts, powers of attorney, and healthcare directives. They also provide strategic advice on how to structure your assets to minimize taxes, avoid probate, protect beneficiaries, and achieve your specific goals. Whether you’re planning for your children’s inheritance, protecting a family business, or ensuring your healthcare wishes are honored, an estate planning attorney helps you put the right legal framework in place.

iii. Estate = Buying or Selling Real Property

If you’re in the market to buy or sell a house, land, or other property, you need a real estate attorney.

These lawyers provide transactional services that protect your interests during property transfers. They conduct title searches to ensure clear ownership, review and draft purchase agreements, work with mortgage lenders, handle closing procedures, and resolve any issues that arise during the transaction. Real estate attorneys focus on the property itself rather than inheritance or legacy planning.

Finding The Right “Estate” Attorney For You 🙂

Not all law firms offer all three types of services. Some practices specialize in only one area, while others provide comprehensive estate-related services under one roof.

When you’re seeking a consultation, be clear about your specific needs. Are you settling someone’s affairs after their death? Planning for your own future? Buying or selling property? Asking the right questions upfront will help ensure you connect with an attorney who has the expertise to help you, and save you time and frustration in the process.

Understanding these distinctions is the first step toward getting the legal assistance you actually need. With the right attorney in your corner, you can navigate these complex matters with confidence and clarity.

At the offices of JMS Law Ltd, we help with planning and arranging your estate before and after death.  That’s our area of expertise in Rhode Island and Massachusetts. Book a call by clicking below now.

Estate planning conversations can be awkward. Whether you’re discussing your own plans with loved ones or bringing up the subject with aging parents, these discussions require careful thought and sensitivity. Here are some tips on how to approach these important conversations in a way that strengthens family bonds rather than straining them.

Before I dive into the meaty parts of discussing estate planning with your parents, consider having a plan in place for yourself first. Beginning the conversation with “I recently created an estate plan and I feel so relieved that I did” is a great opener to a discussion with your family about the benefit of having a plan in place before it is too late.

The Harder Conversation: Talking to Your Parents

It’s a different story when you need to discuss estate planning with someone else, typically an elderly parent or grandparent who has been putting it off or just doesn’t want to talk about it. First and foremost, respect their privacy. It’s their estate, and they have the right to handle it as they see fit.

That said, estate planning isn’t just about “who gets what.” There are other critical aspects that affect the whole family, such as designating agents under financial and healthcare powers of attorney, living wills and end-of-life care directives, and ensuring someone can make decisions if they become incapacitated. These practical matters affect everyone, not just the beneficiaries.

The Wrong Way: Linda’s Mistake

Picture this: Linda invites her elderly parents to Sunday dinner. Her husband Dave picks them up. She prepares a big meal, dessert included. Everything seems warm and festive until Linda springs her true agenda.

“Mom and Dad, we really need to talk about your estate plan. You don’t have a will or trust, and you really need to get this done. You’re running out of time.”

Ouch. Talk about indigestion. Mom and Dad are blindsided. They thought they were there to enjoy time with family, not discuss their mortality over pot roast. They’re understandably upset, and the conversation crumbles faster than the apple pie crust.

The damage doesn’t stop there. Mom calls Linda’s sister Carol and reports what happened. Now Carol thinks Linda is greedy and controlling. The family rift deepens, and what should have been a helpful conversation has created lasting harm. All because Linda decided to approach this topic over mashed potatoes.

The lesson? Don’t ambush your parents at the dinner table. Don’t corner them or make them feel trapped. Estate planning discussions deserve their own moment, not a sneak attack between the main course and coffee.

The Right Way: Joe’s Approach

Joe took a different tack. After a close friend went through the nightmare of guardianship proceedings and probating his father’s estate with no plan in place, Joe became concerned about his own dad’s situation.

Instead of issuing directives, Joe approached his father empathetically. He shared his concerns and asked if his dad would be comfortable discussing estate planning with the family. No pressure, just a conversation. No dinner ambush required.

Dad agreed. Joe and his brother Bob scheduled a meeting with their father. Because Joe gave his dad control of the conversation and approached him with respect rather than demands, Dad recognized that something needed to be done. He even asked Joe and Bob to help him find a reputable estate planning attorney, since he “doesn’t use the computer.” Everyone wins when you treat people like adults who can make their own decisions.

My Tips for a Successful Conversation

👉  Schedule ahead of time. Call a family meeting in advance. Include everyone who is or would be affected by the discussion. Be honest about your intent. Surprises are great for birthday parties, not estate planning talks.

👉  Choose your language carefully. Avoid directives like “you should” or “you need to.” Instead, use phrases like “I’m concerned about…” or “I’ve been thinking about…” This keeps the conversation collaborative rather than confrontational. Nobody likes being told what to do, especially about their own affairs.

👉  Have an agenda. Once your family has agreed to discuss estate planning, prepare a simple agenda to keep the conversation focused and productive. What documents exist and what’s missing? Who should be named as executor, trustee, or agent? What assets exist and where they’re located? Any specific wishes or concerns? Having a plan for the planning conversation helps everyone feel more comfortable.

👉  Be patient. Don’t be surprised if it takes multiple meetings to work through everything. This is difficult subject matter for many people, touching on mortality, family dynamics, and deeply personal values. Rome wasn’t built in a day, and neither is a comprehensive estate plan.

The Relief At The End

Once an estate plan is in place, everyone can breathe easier. You’ll have peace of mind knowing that your loved one’s wishes will be honored, that someone can step in to help if needed, and that the family won’t face unnecessary legal headaches or conflicts during an already difficult time.

The key is approaching these conversations with empathy, respect, and patience. Done right, talking about estate planning can actually bring families closer together because it shows you care enough to have the hard conversations. Just maybe…maybe skip the dinner table as your venue of choice. 😉

When you’re ready, book a call with me and we’ll get you set up the right way the first time.

I talk to a lot of people who’ve heard about living trusts and are interested in using one, but they often tell me, “I just need something simple.” The truth is, there’s really no such thing as a simple trust. Trusts are legal instruments that require thoughtful drafting, and the language used in the document matters a great deal. However, the process of making a trust work—known as “funding” the trust—can actually be very straightforward.

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The Best Tool To Avoid Probate

A revocable living trust, or RLT, is a tool that many people use to avoid probate, maintain privacy, and ensure their assets are handled exactly how they want after they pass away. To make this happen, assets are retitled into the name of the trust during the lifetime of the person who creates it. This includes things like real estate, bank and investment accounts, stocks, bonds, life insurance policies, and personal property. When done properly, a trust allows your loved ones to bypass court involvement and access the resources they need quickly and easily.

Many people are surprised to learn that a trust can be both practical and cost-effective, especially if your goal is to simplify things for your family down the road. What might feel complicated at first can actually be one of the most efficient ways to manage your estate.

Let’s look at an example

Barbara is unmarried and owns her home. She also has a checking account and an IRA. Her two adult daughters are successful and financially secure. Years ago, Barbara went through the process of handling her father’s probate estate. While the estate wasn’t particularly large, the experience was stressful and painful due to disagreements among family members. Wanting to avoid similar conflict in her own estate, Barbara came to us for help.

We created a revocable living trust for Barbara and transferred her home into the trust. We also made sure her daughters were named as beneficiaries of her IRA and checking account. Now, when the time comes, Barbara’s estate will not need to go through probate. Her daughters will be able to access the funds they need to pay final expenses right away, and they can sell the home without court supervision or delay.

Trust-Based Plans Actually Save You (& Your Heirs) Money After You Die

Although this trust-based plan cost a bit more to set up than a will-based plan, it will save Barbara’s family thousands of dollars in court fees and legal expenses. Just as important, the trust is built to accommodate life’s changes, such as the possibility of Barbara becoming incapacitated, the death of a beneficiary, or the birth of grandchildren.

If you’ve been thinking a trust might be too complicated or too expensive, you may want to take a second look. With the right guidance, a trust can be the simplest and most thoughtful way to protect your legacy and take care of your loved ones.

If you’re ready to explore whether a trust is right for you, we’d be happy to meet and talk through the options that fit your life and your goals.

As the relaxed days of August unfold, we recognize it as National Make a Will Month—a perfect time to address an important task before the busy back-to-school season and holiday rush begin. Shockingly, about two-thirds of Americans lack any form of estate plan, whether it’s a will, trust, or powers of attorney.

August just happens to be National Make A Will Month. This month, JMS Law is dedicated to simplifying the process of creating an estate plan for as many individuals as possible across Rhode Island and Massachusetts. We’re here to help you get your plan in place with ease!

Actually, everyone has an estate plan

Did you know even if you have not made an estate plan, you have one? Without an estate plan, the state has a plan for you, whether you like it or not. The laws of intestacy will dictate how your assets are distributed to your legal heirs, and the probate court will appoint someone to manage your estate. These individuals—your heirs and administrators—might not be the ones you would have chosen.

Even more concerning, without a plan, you risk a court-ordered guardianship if you become incapacitated and unable to manage your own assets or healthcare. Don’t be part of the two-thirds who rely on default arrangements. Take control and create your own estate plan!

Reasons people don’t make a plan

Estate planning is a crucial task that many individuals know they need to address but often postpone. Several common reasons contribute to this procrastination:

Uncertainty about where to begin: For many, the sheer complexity of estate planning or simply not knowing who to consult for assistance leads to deferral.

Belief in insufficient assets: A common misconception is that one doesn’t possess enough assets to warrant an estate plan. However, even ordinary assets like bank accounts, vehicles, and personal property are subject to the probate process. Without a will or designated beneficiaries on accounts, probate can potentially consume a significant portion of an estate’s value.

Reluctance to confront mortality: While an uncomfortable truth, death is an inevitable part of the human experience, regardless of whether a plan is in place. Avoiding this reality doesn’t change its certainty.

Indifference to post-mortem outcomes: While some may express a lack of concern for what happens after their passing, establishing an estate plan can significantly ease the burden on loved ones during a difficult time. Considering the potential relief it offers, making arrangements seems a compassionate choice.

Types of plans we provide

At JMS Law, we create individualized estate plans, based on your needs and goals. We create wills and living trusts for individuals and married couples. We also draft property deeds, financial powers of attorney and healthcare documents. If long-term care costs are a concern, we also provide Medicaid planning.

We Make it easy to get your plan in place

Stop making excuses! Regardless of the value of your estate, you and your loved ones deserve the peace of mind that comes with a solid plan. We work with estates of all sizes and make the process convenient for you. You don’t even need to leave your home to get started – we offer virtual estate planning meetings. For document signing, we can accommodate you in one of our offices or even in the comfort of your own home.

When it comes to estate planning, you’ve probably heard of wills and living trusts—but what about testamentary trusts? If you’re looking for a way to provide for your loved ones while maintaining some control over how your assets are distributed, a testamentary trust might be a great option. So, what exactly is a testamentary trust, how does it work, and how do you create one? Let’s break it down in simple terms.

What Is a Testamentary Trust?

A testamentary trust is a type of trust that is created through a will and only goes into effect after you pass away. Unlike a revocable living trust, which is set up while you’re still alive, a testamentary trust doesn’t exist until after your death.

Think of it like a set of instructions embedded in your will. When you pass away, your executor follows those instructions to create and manage the trust, ensuring your assets are handled exactly as you intended.

How Are Testamentary Trusts Used?

Testamentary trusts are often used to provide financial protection and structure for beneficiaries. Here are a few common reasons people use them:

Protecting Minor Children – If you have young kids, a testamentary trust can hold their inheritance until they reach a responsible age. Instead of an 18-year-old receiving a lump sum (which could be spent in a flash), the trust can distribute funds over time.

Providing for a Loved One with Special Needs – If a beneficiary has special needs, a testamentary trust can ensure they receive financial support without disqualifying them from government benefits like Medicaid or Social Security.

Managing Assets for Financially Irresponsible Beneficiaries – If you’re worried about a beneficiary blowing through their inheritance, a testamentary trust allows you to set conditions for distributions, for example: “$10,000 per year until they turn 30”.

Tax and Creditor Protection – Testamentary trusts can sometimes provide estate tax benefits or protect assets from creditors or divorce settlements, depending on how they’re structured.

How to Create a Testamentary Trust

Creating a testamentary trust involves a few additional steps

1. 1. Draft a Will That Includes the Trust
      Since a testamentary trust is created through your will, you’ll need to work with an estate planning attorney to include the trust provisions. The will should specify:

Who the trustee will be (the person responsible for managing the trust).

Who the beneficiaries are.

How and when the assets should be distributed.

1. 1. Define the Trust Terms
      You’ll need to decide:
      How long the trust should last (such as, until a child turns 25).

What expenses the trustee is allowed to pay for (education, medical bills, etc.).

Any conditions for distributions, for example, “must graduate college first”).

1. 1. Name the Trustee
      Choosing the right trustee is key. This person (or institution) will be responsible for managing the trust and ensuring your wishes are carried out. It could be a family member, a trusted friend, or a professional fiduciary.
   2. Fund the Trust (After Death)
      Unlike a living trust, a testamentary trust isn’t funded while you’re alive. Instead, your assets go into the trust after you pass away, usually through your will’s probate process. This means your estate will go through probate before the trust becomes active.

Pros and Cons of a Testamentary Trust

Pros:

Control Over Asset Distribution – You decide how and when beneficiaries receive their inheritance.

Great for Minors or Special Needs Beneficiaries – Protects vulnerable individuals from mismanaging their inheritance.

Potential Tax Benefits – Can reduce estate taxes and offer creditor protection.

These types of trusts are great for people that don’t have a lot of assets while they’re living, but have significant funds that will come in through things like life insurance, and other assets that are not liquid until they pass away.

Cons:

Requires Probate – Since it’s created through a will, it must go through probate, which can be time-consuming and costly.

Less Flexibility Than a Living Trust – Since the trust only takes effect after death, you can’t make changes without updating your will.

Ongoing Trustee Fees – If managed by a professional trustee, there could be administrative costs.

Is a Testamentary Trust Right for You?

If you want to provide long-term financial security for your loved ones but aren’t interested in setting up a trust while you’re alive, a testamentary trust can be a smart, structured way to manage your estate. It’s especially useful for parents of young children, individuals with special needs beneficiaries, or those who want to protect assets from mismanagement.

If you’re considering a testamentary trust, consulting with an estate planning attorney is the best way to ensure it’s set up correctly and aligns with your goals. Schedule an appointment by clicking below.

When my son turned 18 and left for college a few hours away, it felt like the start of a new chapter — one filled with excitement, independence, and the quiet ache that comes with watching your child grow up. He didn’t come home on weekends, rarely called, and though he had a cell phone, the service was spotty. One day, I received a call from his doctor’s office. A routine lab result had come back with questionable findings, and they had been trying — unsuccessfully — to reach him for days. The doctor, clearly concerned, asked me to have him call the office. Naturally, I asked what was going on. But because my son was now legally an adult, I was told nothing. I spent several anxious days waiting to hear from him, only to find out, thankfully, that everything was fine. It was then I realized: a simple health care proxy could have spared us all that stress.

Most people think estate planning is only for retirees or those with significant wealth. But the reality is, once a child turns 18, parents lose the legal authority to make medical or financial decisions on their behalf — even in an emergency. That’s why every college student should have a few essential estate planning documents in place. These aren’t just legal formalities; they’re peace-of-mind protections for both students and their families.

The 3 Documents Every Young Adult Should Have

1. Durable Power of Attorney (Financial POA)

This document allows someone (usually a parent or trusted adult) to manage financial affairs on the student’s behalf. This could include paying bills, managing bank accounts, signing leases, or dealing with tuition issues — especially important if the student is studying abroad or is otherwise unavailable.

Why it matters: If your child becomes incapacitated due to illness or injury, or is too busy with college life to handle his own affairs, you won’t be able to legally handle their financial matters unless you’ve been named as their agent in a power of attorney. A financial POA avoids the costly and time-consuming process of court-appointed guardianship, and it allows you to continue assisting your child with life decisions and financial matters while they grow into adulthood.

2. Health Care Proxy (Medical Power of Attorney)

This allows your child to name someone to make medical decisions for them if they’re unable to do so. Without this, parents may be legally prevented from speaking on their child’s behalf, even in an emergency.

Why it matters: Hospitals and doctors cannot legally share information or take direction without proper authorization once a person is 18. A health care proxy ensures someone trusted is empowered to step in and make decisions.

3. HIPAA Authorization

This form allows medical professionals to share your child’s health information with you or another named individual. It’s often included with the health care proxy but can also be a standalone document.

Why it matters: If your college student ends up in the hospital, medical professionals may not be allowed to discuss their condition with you — even if you’re footing the bill — unless this form is in place.

Optional but Worth Considering:

FERPA Waiver: This allows you to access your child’s educational records (grades, academic status, financial aid) under the Family Educational Rights and Privacy Act.

Basic Will: If your student owns a car, has a bank account, or even a pet, a simple will can help ensure those assets are passed according to their wishes.

Estate planning for young adults isn’t about handing over control

Estate planning for young adults isn’t about handing over control — it’s about having a plan in place just in case. It gives peace of mind to both students and parents, knowing that if something unexpected happens, the right people are legally able to step in and help.

If you’re sending a student off to college, consider giving them a different kind of care package — one that includes these essential legal documents. It’s a small step that can make a big difference in a crisis. In fact, you can choose to add these documents for your student and update your own estate plan at the same time.

Need help getting started? Our office offers affordable, student-focused estate planning packages to help families prepare with confidence. Ask about adding student POAs to your own estate plan! Contact us today to schedule a consultation!

Some people hear the term “estate plan” and assume it is reserved for the ultra wealthy.  I assure you, that is not the case! Anyone over the age of 18 should consider making an estate plan. Your “estate” simply refers to your possessions – the money in your bank account, your car, your personal possessions – all comprise your estate.

There Are Three Ways To Die

No matter where you live in the United States, there are essentially three ways to die:

Intestate:

This simply means you never made a will or a trust, and you rely on the laws of the state to dictate how your assets will be distributed and who will be in charge of your  estate when you die. These may not be the people you would have chosen.

Make a Will

Most people have heard of a will and understand its basic function. Your will takes no effect until you die, and it simply allows you to choose how your assets are distributed and who is in charge of this. Contrary to popular belief, a will does not avoid probate. Your will must be filed with the probate court before any assets can be distributed. Thus, your estate will be open to creditor claims and beneficiary challenges.

Create a Living Trust

A living trust is like a treasure chest that you build during your lifetime and fill up with your own assets. You put a lock on the chest and you hold the key. During your lifetime, you can go in the treasure chest and take assets out, put new assets in, and utilize the assets any way you want. You also give a spare key to someone else, who can step up and manage your assets if you become incapacitated, or when you pass away. Unlike the other two ways, dying with a trust creates a private and seamless way to pass on your estate and avoids probate, if it is set up correctly.

Incapacity

When you are a child, all of that property really belongs to your parents or guardians. In addition, your parents or guardians make financial and healthcare decisions for you. But once you are an adult they are legally unable to handle your affairs without your explicit permission. Adults who are no longer able to handle their finances or make healthcare decisions for themselves are set up for “living probate,” which refers to a guardianship or conservatorship. However, creating Powers of Attorney, one for finances and general property, and one for healthcare, appoints someone to make these decisions in the event you cannot, thus, avoiding the living probate situation.

Life is unpredictable, and wonderful things (such as winning the lottery or selling a book and making millions) or terrible things (such as accidents or illness) are bound to happen. So, the answer is yes – you most definitely need an estate plan.