Estate Planning Lawyer in Milton MA

What is the Difference Between Probate and Estate Planning?

Probate and Estate Planning differ in their timing and process. Probate refers to the act of making a will or trust official and enforceable in court. Estate planning refers putting together document, for example a will, and manage a person’s estate after their death or incapacitation. The plan is put together before the person dies, and the court validates (or invalidates) a will or a trust – after.


Probate means the validation of a will, but it can also refer to “probate court,” or it can mean “the administration of a will or trust.”

The process of validating a will is done in probate court. When someone dies without a will, a judge will have to preside over the process of distribution and make decisions on behalf of the deceased.

Probate assets are what the decedent owned fully or in part but did not describe in their will. A probate attorney can help you determine whether an asset is a probate one or not. The court will identify and gather assets before they are distributed among beneficiaries.
The process may take time, but a probate attorney can help avoid delays by giving good advice during the estate planning process.

Estate planning:

Everything you own, including your bank accounts and even debts, is part of your estate. You would want to be the one to decide who inherits what and put conditions on those beneficiaries. An attorney can help you put together a comprehensive plan so that your family is taken care of financially. A lawyer can also help you handle the estate taxes and any legal fees you may have to pay.

Estate planning can also enact your wishes regarding your health. You can pen down instructions on what kind of healthcare you prefer to receive in the event of a disability or incapacitation. A living will can clarify whether you’d want to be kept on life support and other similar instructions.

A lawyer can help you create a plan for a someone in your family who cannot take care of themselves and make sure they receive government benefits. A good estate plan provides security to your family in the event of your death or incapacitation, as well as puts you at ease.

Consult a Lawyer:

If you need an estate planning and probate lawyer in Milton MA, contact me at Gemma Law. I provide personal attention to all clients – when you retain me, you’ll be working with me directly on all aspects of your matter. I maintain a caseload that allows full attention to all clients, and to answer your questions at your convenience. Contact Us Today for a Free Consultation. 781-380-8183.