Probate

Easing The Pain Of Probate

Estate Planning

Last Will And Testament — Chelmsford, MA — Kurland & Grossman PC

At Kurland, Grossman, & Stramaglia, P.C., our estate planning practice is designed to help you develop and implement a long-term plan for your family's future after you are gone. We draft solid, durable Wills, Durable Powers of Attorney and Testaments or Medical Proxies that reflect your wishes and the needs of your loved ones and survivors.


We are equally proud of our talent for drafting Trusts, probating Wills and guiding family members in the responsible administration of Trusts and Estates. Our firm has substantial experience in Powers of Attorney, Guardianships and Conservatorships when those measures become necessary.


Even if you are a young family with little assets, you should consider having a Will because you can nominate a Guardian for your child(ren) in your Will.

Dedicated Advocacy In Probate Litigation

When disputes arise over complicated resolution of estates or estate planning documents, our capable lawyers have the skill and proven experience to protect your rights and your family's interests in court, if necessary.

Probate Matters

In Massachusetts, the probate and family courts handle a broad range of legal concerns in the general categories of family law (divorce, adoption, paternity, etc.) and probate matters, such as:

  • The distribution of property and assets in an Estate in accordance with the Will (if there is one) or the law (when a person dies intestate, or without a Will)
  • The proper administration of Trusts and Estates, including settling all debts and tax liabilities
  • Accusations that an Executor (now known as a Personal Representative) has failed in his or her fiduciary duty to act in the best interests of the heirs or beneficiaries of an Estate
  • The appointment of a Guardian or Conservator for minor children and mentally ill, aged and infirm or physically disabled adults

Whether you are the Personal Representative, formerly known as Executor of an Estate and you need experienced legal guidance in fulfilling your legal and ethical duty, or a family member in need of assistance to protect the health, safety and legal rights of a minor or at-risk adult, the capable Chelmsford probate attorneys at Kurland, Grossman, & Stramaglia, P.C., can help.

The Value Of Experience In Probate Matters

Founded in 1979, our firm has an almost unmatched level of experience and familiarity with the full range of legal matters addressed in Massachusetts probate and family courts.


This level of knowledge is an invaluable asset in developing a proactive and thoroughly developed strategy for helping our clients meet immediate legal challenges head-on while advancing long-term goals. 

Guardianship

Probate Matters — Chelmsford, MA — Kurland & Grossman PC

While some people feel threatened by another person taking responsibility for them in a Guardianship, this legal procedure helps countless people in a wide variety of ways in Massachusetts. Our Guardianship attorneys can help guide you through this process. Guardianship is not to be confused with Conservatorship (primarily for finances) or Power of Attorney. It is intended to help people who are incapacitated, such as:

  • Children
  • Adults with disabilities
  • Elderly persons
  • People with drug, spending or other addictions

Someone unable to make prudent financial decisions or decisions about physical care, medical care or support, benefit entitlements and other matters may need a Guardian appointed by a court. A Guardianship can order physical custody of a child (or adult, when needed) to a Guardian. Someone receiving benefits may need a Guardian to handle his or her benefits wisely.


As opposed to a Power of Attorney, which is designated by the individual in need, a Guardianship is appointed by a court. The Guardian may be a parent, an adult child, a sibling or other family member, a care institution or friend. Being appointed these powers brings a heavy responsibility and certain fiduciary duties.

The Process

This process may be simple providing that no one, including the person alleged to be incapacitated, objects. Then experts such as psychiatrists and other doctors may be needed to provide evidence of incapacity and need for the Guardianship.


Massachusetts courts require periodic reports on the financial and physical well-being of the ward, and there are legal limitations on what a Guardian can do. These measures protect the ward.


We assist you with expanding, modifying, or limiting a Guardianship. We can also seek for the removal of a Guardian or termination of a Guardianship, if appropriate. We look forward to listening to you and answering questions you may have. Contact Kurland, Grossman, & Stramaglia, P.C., for further information. 

Conservatorship

A Conservator may be appointed to protect the property and business affairs of a person in need of protection. Typically, the protected person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance.


A Conservator should be appointed only when necessary, and then with only those powers that are necessitated by the individual’s actual limitations. For example, if appropriate, a Conservatorship may be limited or apply only to investments or real estate and leave to the protected person the ability to receive pension income and pay for daily or monthly expenses.


While a Petition for the Appointment of a Conservator is pending, if a person to be protected has no Conservator, and the Court finds that an immediate and/or urgent situation exists that will likely result in substantial harm to the property, income or entitlements of the person to be protected or those entitled to the person’s support, and no other person appears to have authority to act in the circumstances, on appropriate motion, the Court may appoint a Temporary Conservator who may exercise only those specific powers granted in the Order, typically for a 90-day period.


We look forward to listening to you and answering questions you may have pertaining to Conservatorships. Contact Kurland, Grossman, & Stramaglia, P.C., to schedule an appointment.

For further information about how Kurland, Grossman, & Stramaglia, P.C. can help you with your probate matter,

call (978) 256-2660.

Share by: