Legal Question in Wills and Trusts in Massachusetts

Re: Real Estate in Two States

It might be better, but it is not essential as attorney's who handle estate plans deal with multi-state tax issues regularly. If a MA attorney thinks he needs special assistance he can always contact a NJ attorney for assistance.

If you have further questions, please feel free to contact me.

Re: Real Estate in Two States

I am licensed in both Massachusetts and New Jersey and can advise you with respect to your situation and any ancillary probate matters.

Re: Real Estate in Two States

As a Massachusetts resident, you should have your documents prepared by a Massachusetts attorney. Your attorney will coordinate with a New Jersey attorney concerning any real estate issues in that state.

Generally speaking, the best practice would be to have title to your New Jersey real estate transferred to a trust. That will avoid having to open an ancillary administration in New Jersey if you pass away.

I would be pleased to help you with your estate planning needs.

Re: Real Estate in Two States

Indirectly. As mentioned elsewhere, a Massachusetts-licensed estate planning attorney can consult with an out of state attorney (e.g., licensed in New Jersey) for NJ questions and instruments. What is important is to consult with a Massachusetts attorney who is able to identify all of the issues and alternatives. For example, the type of real estate and the value may affect what type of entity or entities, if any, that you would want to use. There can be numerous factors to take into account, including liability issues as well as tax issues, and the tax issues will include both income tax and likely MA, NJ and Federal estate tax issues.

There are a variety of techniques used in multistate planning, because of the differences in laws of each different state.