Estate Planning FAQs | Jiménez Gregory Law – Salem, MA

Question 1

Do I really need an estate plan?

Accepted Answer

Yes — and not just if you're wealthy. An estate plan ensures that your assets go to the people you choose, that someone you trust can make decisions if you're incapacitated, and that your family is spared unnecessary legal complications. Without one, Massachusetts law decides what happens to your estate, which may not reflect your wishes. Also, Massachusetts has an estate tax for estates over $2 million.

Question 2

When is the right time to create an estate plan?

Accepted Answer

The right time is now. Life events like marriage, the birth of a child, purchasing a home, or a significant change in finances are all strong signals that it's time to act. That said, every adult benefits from having at least a basic plan in place — regardless of age or wealth.

Question 3

How long does the estate planning process take?

Accepted Answer

Most estate plans are completed within four to six weeks from the initial consultation. The timeline depends on the complexity of your situation and how quickly we receive the information we need. We work efficiently while making sure every document is accurate and tailored to your goals.

Question 4

What is the difference between a will and a trust?

Accepted Answer

A will is a legal document that directs how your assets are distributed after you die — but it must go through probate, which is a public court process. A trust holds your assets during your lifetime and transfers them to your beneficiaries privately and without probate. Trusts also allow you to plan for incapacity in a way that a will cannot.

Question 5

Does Massachusetts require probate?

Accepted Answer

Not always, but it is required for estates that include assets titled solely in the deceased person's name without a designated beneficiary. Probate in Massachusetts can take months or even years and involves court fees and public filings. A properly funded trust generally avoids probate entirely.

Question 6

What happens if I die without a will in Massachusetts?

Accepted Answer

Massachusetts intestacy laws determine who inherits your estate. This may not align with your wishes — for example, a long-term partner who is not a spouse may receive nothing, and the court will appoint a guardian for minor children rather than the person you would have chosen. A will gives you control over these decisions.

Question 7

What is a Special Needs Trust?

Accepted Answer

A Special Needs Trust (SNT) is a legal arrangement that holds assets for a person with a disability without disqualifying them from government benefits like Medicaid or Supplemental Security Income (SSI). It allows you to provide for a loved one's quality of life — covering things like education, recreation, and personal care — while preserving their eligibility for essential public programs.

Question 8

Will leaving money to my child with a disability affect their benefits?

Accepted Answer

It can — if the inheritance is left directly to them. Assets above certain thresholds can disqualify a person from SSI and Medicaid. A properly drafted Special Needs Trust allows you to leave funds for your loved one's benefit without triggering that disqualification. This is one of the most important planning tools available for a family member with special needs.

Question 9

Who should be the trustee of a Special Needs Trust?

Accepted Answer

The trustee manages the trust assets and makes distributions on behalf of the beneficiary. This could be a trusted family member or a professional trustee. The right choice depends on your family's circumstances, the size of the trust, and the complexity of the beneficiary's needs. We help you think through this decision carefully.

Question 10

Do you offer consultations in Spanish?

Accepted Answer

Yes. Attorney Jimenez Gregory is fully bilingual in English and Spanish and is proud to serve clients in both languages. We believe that language should never be a barrier to quality legal representation.

Question 11

How much does estate planning cost?

Accepted Answer

Our fees vary depending on the complexity of your plan. We offer transparent, flat-fee pricing for most estate planning services so you always know what to expect before we begin. We discuss fees during the initial consultation — there are no surprises.

Question 12

Can I go to your office for the initial consultation?

Accepted Answer

The free thirty-minute consultation is done virtually or by phone.

Question 13

What areas do you serve?

Accepted Answer

We primarily serve clients throughout the North Shore of Massachusetts, including Salem, Beverly, Peabody, Lynn, Marblehead, Swampscott, Gloucester, Newburyport, and the Greater Boston area. We are licensed in Massachusetts, Florida, Maryland, and the District of Columbia.

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