Mackey & Foster, P.A.
   220 Main Street, Suite 202
   P.O. Box 901
   Falmouth, MA 02541







Estate Planning

Our firm provides assistance with all aspects of estate planning. We strive to meet your individual estate planning goals and needs. An individualized plan may consist solely of a will, durable power of attorney, and health care proxy. It may also encompass a revocable living trust to supplement or even supplant the will, or more specialized trusts or other instruments with tax advantages and/or provisions for specific needs of individual or charitable beneficiaries. Included in the estate planning process is our evaluation of the most appropriate person or persons to act as executor of your will, trustee of your trust, or agent under your power of attorney or health care proxy.

You may require attention to family business interests and taxation issues. We will assess the type of taxes relevant to your situation be they gift, estate or generation skipping taxes, individual or fiduciary income taxes, excise taxes, or taxes of a similar character imposed by the United States, Massachusetts or another state or foreign jurisdiction.  We will then proceed to evaluate the range of foreseeable tax issues and address your concerns accordingly. Our experience with state and federal laws and regulations allows us to design plans appropriate for each client.

Estate Settlement and Trust Administration

Our staff is fully trained to help you navigate the estate settlement process, whether to secure the allowance of a will and the appointment of an executor, probate a foreign (out of state) will, settle an estate when there is no will, or avoid formal probate through voluntary administration. Based on our many years of experience, we have developed a system which will keep you informed of the appropriate steps to take in any chosen course of action in a timely manner.

Whether a trust is established by will or outside the will, our staff will guide a trustee in carrying out provisions of the trust from start to finish. A trustee's responsibilities typically involve formalizing his or her acceptance as trustee, marshalling the assets, preparing the initial inventory, deciding on investment policy, paying debts, expenses and taxes, making appropriate tax elections, deciding on appropriate distributions of income and/or principal, and preparing and filing trust accountings. If you are a beneficiary under a trust, we can help clarify your rights and entitlements under the trust provisions and see that your interests are fairly represented.

Real Estate

Very often, a large or significant component of a person’s estate or trust is the family home or other real estate. Frequently, the home may be a second (vacation) home with the primary residence located outside Massachusetts. We are experienced with the different aspects of dealing with real estate in this context. Some of our clients may want to sell their home, others want to develop a plan which allows ownership to descend to children or other family members in ways that reduce anticipated estate taxes. In addition to lending assistance with the negotiation and sale of real estate, we are prepared to discuss the benefits of a traditional Massachusetts real estate trust or an alternative entity such as a limited partnership, a limited liability corporation, or a more specialized trust, each of which may offer significant advantages, whether tax related or otherwise. There are often many options with respect to real estate which are worth considering.

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