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Fields and Dennis LLP
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Archive for January 2011

No Contest Clauses (in terrorem clauses)

In Massachusetts, a no-contest clause is given full force and effect.  Therefore, if the settlor so chooses, a clause can be included in a will to disinherit an heir who attempts to challenge the will’s provisions.  But be aware: if a trust is set up, such a clause should be included in each separate document…

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Portability Under the New Estate Tax Law

As many of you know, new tax legislation will be taking effect on January 1, 2011. Among other things, the new law raises the estate tax exemption to $5 million per individual and $10 million for a married couple.

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