• Tel (781) 344-2886
  • Email info@brc-law.com

Law Offices of Barry R. Crimmins

Barry Crimmins

  • Practice Areas
  • Firm Overview
    • News
  • Current Projects
  • Blog
  • Contact Us
    • Stoughton, MA
    • Hyannis, MA
    • Falmouth, MA
Slide background
Legal Expertise, Personally.
Attorney Barry R. Crimmins is someone that you can depend on personally.
We take a small town approach to our client relationships and carry that personal
commitment into all of our cases.
Slide background
Life Happens. We Help You Plan For It.
The many stages of life present a variety of legal implications. Guidance on
Estate Planning and Administration, Medicaid and Elder Law issues are our focus.
Slide background
Real Estate Transactions, Permitting and
Development.
Whether commercial or residential, we have extensive experience in all aspects
of real estate law.

How to Avoid Problems as a Trustee

March 17, 2017 By Barry Crimmins

Being a trustee is a big responsibility and if you don’t perform your duties properly, you could be personally liable. That’s why it’s important to hire the right people to guide you in this important role.

A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a “trustee,” holds legal title to property for another person, called a “beneficiary.” If you have been appointed the trustee of a trust, this is a strong vote of confidence in your judgment.

A trustee’s duties include locating and protecting trust assets, investing assets prudently, distributing assets to beneficiaries, keeping track of income and expenditures, and filing taxes. (For more information on a trustee’s duties, click here.) As a trustee, you have a fiduciary duty to the beneficiaries of the trust, meaning that you have an obligation to act in the best interest of the beneficiaries at all times. It also means you will be held to a higher standard than if you were just dealing with your own finances.

A trustee is usually entitled to hire an attorney (and other professionals like an accountant) to assist in trust administration. The attorney’s fees will be paid from the trust funds. While hiring an attorney will cost money, not having an attorney at all could cost a trustee much more if errors are made.

A trust can be administered without court involvement, but that doesn’t mean that the administration is simple. There are many areas where problems can arise — for example, if assets aren’t invested properly, taxes are late, or if proper records aren’t kept. If something goes wrong during the administration of the trust, the trustee can be removed and held personally liable for any costs incurred or losses suffered. Even if a spouse is the trustee, he or she should still consult with an attorney. Many couples have so-called “AB” trusts to take advantage of the maximum estate tax exemption; these trusts require special knowledge to determine whether the trusts are properly funded and the taxes filed.

For more information about trusts, email me directly at: info@brc-law.com.

Filed Under: blogs Tagged With: estate planning, trustee, trustee responsibility

Three Common Themes from 30 Years of Practice

February 24, 2017 By Barry Crimmins

I love the opportunity that a new year brings, providing an opportunity to take stock in goals and experiences. This year marks the start of my 31st year practicing law, and in looking back over the previous 30 years, I’ve realized that there are common themes that can be pulled from clients’ cases that may prove helpful to consider when looking at organizing your personal and business affairs this year and beyond.

How do you own the title to your home? This is a question that I often ask clients, and many times they don’t have a clear answer. It is important to understand how title is held, and what the consequences can be for your particular choice. Is your title held jointly with a spouse, other family member, friend or business partner? Often times, people assume that this is or is not the case. Perhaps you inherited property with a sibling from a parent or other relative’s estate, in which case title would be held as tenants in common, as opposed to as joint tenants. Either way, take the time to review the title to your home, or other real estate, you may own. There is no right or wrong way for how this should be handled, but if you own a home, it’s wise to be aware of how the title is held and to make changes where necessary to ensure that liability, risk and estate planning considerations are addressed properly.

What triggers an estate to be probated? The process of probating an estate can be quite costly, both in terms of time and money. Some folks think that if they have a Will, that their estate will not have to be probated. Others think it is the opposite, that if they do not have a Will their estate will not have to be probated. Actually, the answer is not whether you have a Will or not, but rather how you hold title to your assets at the time of your death that determines of your estate will have to be probated in order to pass title to your assets to your loved ones. Probating an estate comes into play when assets are held by the deceased party in his or her name alone (or as a tenant in common with another). If on the other hand assets are held jointly, or in a trust or with a designated beneficiary or beneficiaries, such as an IRA, then passing assets along is generally a simpler legal process. Therefore, it may make sense to change how you hold title to your assets, depending on the particular circumstances and your estate planning objectives.

The digital evolution of exchanging information. The single biggest change in the legal profession and in most professions is the evolution of technology and how information and documents are created, exchanged, and stored. Electronic communication can be confusing and can have serious legal consequences. Determining what is a binding agreement and what is just an informal exchange is the most dramatic factor in practicing law in 2017 vs. the late 1980’s.  Who would have thought 10, 20 or 30 years ago that you’d need to consider if a text message could form a legally binding agreement? (The answer, as is often the case with many legal issues, is … “it all depends!”).

I’m hoping that this insight provides some good fuel for consideration as you get going in 2017. If you or someone that you know would benefit from discussing the ins and outs of their real estate or estate planning portfolios, please contact me at barry@brc-law.com or call our office at (781)344-2886.

Best wishes for good health and happiness in 2017!

Filed Under: blogs Tagged With: estate planning, legal advice, real estate law

Getting Organized This Fall? Assess Your Estate Planning Needs.

September 6, 2016 By Barry Crimmins

As summer turns to fall, the change of seasons provides an opportunity for reflection, perhaps on a relaxing summer vacation or to refocus on a task list that has been set aside. If you are taking a minute to reassess your goals and priorities, why not also take a look at your life plan. If you are a child of an aging parent or an individual, as most of us are, who has emotional ties to a loved one, has acquired assets in life, whether financial or material, it’s imperative to establish a solid estate plan.

What is an Estate plan? The term itself has many meanings. However, one thing is for sure, every good estate plan should include, at a minimum, some combination of the following documents:

  1. Last Will and Testament
  2. Revocable Standby Trust
  3. Durable Power of Attorney
  4. Health Care Proxy
  5. HIPAA Authorization and Release
  6. Living Will
  7. Declaration of Homestead
  8. Emergency Guardianship Proxy (for minor children)

Of course the above outline is only intended as a general guideline. Each individual’s personal situation will include some or all of these documents as a starting point. You should always consult with an experienced estate planning attorney to determine how to best tailor an effective estate plan to your particular situation.

Filed Under: blogs Tagged With: estate planning, living will, power of attorney

Contact Us Today

  • We are happy to discuss any legal concerns with you.
  • This field is for validation purposes and should be left unchanged.
Communication of information through this website does not create an attorney-client relationship.

Recent Posts

march newsletter

Elder Law News, March 2023

As the generation of Baby Boomers ages, many are finding their adult children aren’t in the financial position to provide support if long-term care is needed.

BRC Newsletter March

Elder Law News, September 2022

As the generation of Baby Boomers ages, many are finding their adult children aren’t in the financial position to provide support if long-term care is needed.

august newsletter

Elder Law News, August 2022

With healthcare and nursing homes being a hot topic as of late, you may have some questions regarding your care or the care of a loved one. If so…

Elder Law News - May 2022 Thumbnail

Elder Law News, May 2022

With healthcare and nursing homes being a hot topic as of late, you may have some questions regarding your care or the care of a loved one. If so…

Elder Law NEWS - April 2022

Elder Law News, April 2022

In 2022, change remains constant. But, as it applies to eldercare, some shifts are favorable, while others could directly impact the financial stability and level of care your loved one receives. 

Our expertise includes Real Estate Law and Land Use Permitting, Estate Planning and Estate Administration, with an emphasis on Elder Law and Medicaid Planning.
Practice Areas
We've developed a reputation for excellent service in these areas of the law through more than 35 years of experience.
Our Attorneys
The legal services from the Law Offices of Barry R. Crimmins, P.C. in Stoughton, Falmouth and Hyannis Massachusetts
Our Locations

Recent News

Law Offices of Barry R. Crimmins, PC

march newsletter

Elder Law News, March 2023

As the generation of Baby Boomers ages, many are finding their adult children aren’t in the financial position to provide support if long-term care is needed.

BRC Newsletter March

Elder Law News, September 2022

As the generation of Baby Boomers ages, many are finding their adult children aren’t in the financial position to provide support if long-term care is needed.

august newsletter

Elder Law News, August 2022

With healthcare and nursing homes being a hot topic as of late, you may have some questions regarding your care or the care of a loved one. If so…

Elder Law News - May 2022 Thumbnail

Elder Law News, May 2022

With healthcare and nursing homes being a hot topic as of late, you may have some questions regarding your care or the care of a loved one. If so…

Elder Law NEWS - April 2022

Elder Law News, April 2022

In 2022, change remains constant. But, as it applies to eldercare, some shifts are favorable, while others could directly impact the financial stability and level of care your loved one receives. 

Links

  • Home
  • News
  • Site map
  • Privacy Policy
  • Terms & Conditions

Contact Us

  • 909 Washington Street, Stoughton, MA 02072
  • 1436 Iyannough Road, Hyannis, MA 02601
  • 20 Academy Lane, Falmouth, MA 02540
  • Phone: (781) 344-2886
  • Email: info@brc-law.com

Follow Us:

  • facebook
  • twitter
  • linkedin

Estate Planning

  • Estate Planning
  • Estate Administration
  • Elder Law
  • Medicaid Planning

Real Estate

  • Land Use Permitting
  • Landlord – Tenant
  • Purchase & Sale Agreements
© Copyright 2023 Law Offices of Barry R. Crimmins, P.C. All rights reserved.
Site Maintained by Interactive Palette