Fryer and O'Brien Attorneys
attorneys Vincent O'brien, Jonathan Fryer, Sarah Kuendig Attorneys MA
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Vin's practice includes: commercial and residential real es
tate sales and acquisition; individual, business and lender representation relative to residential and commercial financing; the identification, evaluation and resolution of title issues; estate planning and probate; and the formation and consultation with small to medium sized businesses and corporations. Juris Doctor 1984, Quinipiac School of Law Bachelor of Arts from Fairfield University 1979
Vincent J. O'Brien
Attorney Fryer is co-owner of Fryer& O'Brien, and has been practicing law in the MetroWest Area since 1980. His practice includes real estate development, conveyancing, land use and zoning, often coupled with administrative and environmental law. While his focus is on these areas, he is also well versed in the practice of civil litigation, estate planning, and corporate law. Juris Doctorate, 1980 New England School of Law, Boston, MA Bachelor of Science 1977, General Management, Boston College
Jonathan P. Fryer
Attorneys Licensed in Massachusetts
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Fryer & O'Brien acts as counsel for a variety of business entities, including corporations of all sizes, limited
liability companies and partnerships, joint ventures, general and limited partnerships, and sole proprietorships.
Entrance to Fryer & O'Brien
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Consultation, Structure and Formation of Business Entities
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Shareholder Agreements
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Licensing Agreements
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Employee/Employer Relations
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Buy/Sell Agreements
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Mergers, Acquisitions and Reorganizations
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Contract Review and Drafting
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Financing and Debt Restructuring
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Proactive Business Advice
Fryer & O'Brien assists businesses and their owners with:
Our attorneys provide services and resources to established businesses as well as entrepreneurs. In addition, we provide legal advice to emerging businesses, including many technology ventures and software businesses, and offer assistance in the areas of organizational structure, and venture capital and private placement financing.
"Perhaps most importantly, he has told me when he did not think I should pursue a situation because I realistically would not prevail. Most lawyers would have been happy to get the billable hours, but he has valued being straightforward in his advice. He has also not hesitated to refer me to specialist lawyers when that has been appropriate. "
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LAND USE AND ZONING
Obtained approval of two “Friendly” 40 B projects in the Town of Dover. The approach was to present very high qual
ity, free standing houses as opposed to multi-story apartment buildings. This allowed both developers to produce a better product at a higher sales price and the town obtained two developments that are attractive and unobtrusive.
COMMERCIAL DEVELOPMENT
Represented numerous homeowners in obtaining variances in several towns in the Metrowest area. Due to our representation and expert testimony we were able to require a local town to change their local Board of Health Regulations which were substantially more restrictive than the State Title V. This amendment allowed several of our clients to build on previously undevelopable lots. We represent clients before local Conservation Commissions, Planning Boards, Zoning Appeals Boards and Boards of Health where the specific development needs required specialized decisions and/or variances from local and state requirements.
Obtained approval of four large estate lots on a 32 acre parcel that was previously deemed un-developable. Obtained several Zoning Board approvals to expand and/or reconstruct pre-exiting non-conforming structures.
Coordinated a “smart development” for an estate that was in financial distress and needed to sell real estate in order to pay Estate Taxes. By coordinating a quick approval of the development from the Local planning board the estate was made solvent and avoided exorbitant late fees, penalties and interest. The Town was benefitted by a reduction in the total number of lots created and retained the benefit of an extensive parcel of open land which is the gateway to the town.
ESTATE TAXES
Coordinated a smart development for an estate that was in financial distress and needed to sell real estate in order to pay Estate Taxes. By coordinating a quick approval of the development from the Local planning board the estate was made solvent and avoided exorbitant late fees, penalties and interest. The Town was benefitted by a reduction in the total number of lots created and retained the benefit of an extensive parcel of open land which is the gateway to the town.
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r attorney's experience has proved useful to their clients when appearing before boards as they have a reputation for being hardworking, knowledgeable, fair and relentless on behalf of their clients. Our attorneys have a vast network of contacts, including specialized engineers, architects, and designers that they do not hesitate to use to most effectively represent their clients.
Fryer & O'Brien's attorneys offer pragmatic and efficient representation for commercial real estate projects. We have experience with commercial development and land use, zoning, and permitting issues and often appear on behalf of commercial clients before local, city and town boards and committees.
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Our attorneys pr
ovide legal guidance and practical solutions to clients on the critical subjects of estate planning, gifting, and other asset-transfer strategies, in order to facilitate a desired transfer of ownership with a minimum of obstacles and tax exposure.
Our services include::
* Trusts * Wills * Healthcare proxies * HIPAA releases * Homestead * Durable powers of attorney * Probate Administration
It is important that our clients and their loved ones receive exactly what they intend to give with little to no complication. Our attorneys ask specific questions that will enable them to tailor an estate plan to an individual's needs. We understand that this is a sensitive subject and we do our best in ensuring a positive experience.
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Fryer and O'Brien Law Firm Massachusetts
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Fryer & O'
Brien is dedicated to providing exemplary personal service and concentrating its focus on the specific needs of its unique clientele. Our practice is focused on three different, yet intertwined areas of law: * Real Estate Transactions and Real Estate Development * Business and Corporate Law * Estate Planning and Probate Our clients range from highly motivated individuals, existing and newly created corporate entities to several successful local banks and mortgage lenders. Our expertise comes from years of focused and knowledgeable representation coupled with up-to-date training and seminars on the most current and applicable Massachusetts and Federal Laws. All of our attorneys are licensed to practice in Massachusetts. They pride themselves on providing experienced, professional and personal service.
" ...our warmly felt thanks for your recent legal representation of us. We appreciated your thoroughness, thoughtfulness and candor in less than ideal circumstances. But then, there are probably few circumstances in which clients come to you in "ideal" circumstances. " C.B.
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No charge
$650.00
$1,200.00
Estate Planning Services: Basic Estate Plan - Single Person
Will, Durable Power of Attorney, Health Care Proxy, HIPAA Release and Homestead
Basic Estate Plan - Married Couple
Initial Consultation
Wills, Durable Powers of Attorney, Health Care Proxies, HIPAA Releases and Homestead (Trust not included)
Family Estate Plan w/ Trusts
Family Plan - Revocable Trusts (with marital and bypass shares), Pourover Wills, Durable Powers of Attorney, Health Care Proxies, HIPAA Releases, two Realty Trusts and two Deeds. This does not include other asset transfers which will be quoted separately in each case.
$5,000.00
$2,500.00
Single Estate Plan w/ Trust
Single person plan with trust provisions, Pourover Will, Durable Power of Attorney, Health Care Proxy, HIPAA Release and one real estate Deed.
Nominee/Realty Trust
$500.00
Deeds
Irrevocable Life Insurance Trust or Irrevocable Second to Die Life Insurance Trust
Corporations
Crummey Notices
Includes Schedule of Beneficiaries and related documents.
Does not include recording fees or title examination.
Includes preparation of initial gift letters and obtaining Employer Identification Number (EIN).
Massachusetts LLCs for up to two members. Does not include filing fees. Includes simple operating agreement managed by members, certificate of organization, and Tax EIN #. Non-Massachusetts LLCs quoted separately.
$150.00
$2,500.00
$500.00
$1,500.00
for Annual Exclusion Gifts (includes notices to 4 beneficiaries). Each additional Crummey Notice is $50.00.
Limited Liability Company (LLC)
Delaware Series Limited Liability Company (DE Series LLC)
Delaware LLCs for up to two properties. Does not include filing fees or real estate recording fees.
$5,000.00*
Corporation or LLC Buy/Sell Agreement
For two owners with adjusted book value as valuation.
$5,000.00
$5,000.00*
Incorporation
Massachusetts incorporations for up to two shareholders. Does not include filing fees & cost of corporate kit. Non-Massachusetts incorporations quoted separately
Corporate and Limited Liability Company (LLC) - Annual Meeting Minutes
Does not include filing fees.
$350.00
Probate Administration
Trust Administration
Quoted on a case by case basis
Quoted on a case by case basis
Real Estate
Purchase and Sale Agreement Seller
Drafting of a simple P&S typically takes 2 hours. If you would like the Attorney to attend the Closing that is typically an additional 1 hour. For drafting the deed, see above.
Hourly rates apply
Hourly rates apply
Purchase and Sale Agreement - Buyer without financing
Negotiating the P&S typically takes 2-3 hours. Drafting the closing documents and settlement statement generally takes an additional 1-2 hours. This does not include fees for recording or title examination.
Negotiating the P&S typically takes 2-3 hours. If Attorney does not do the Bank work and you would like them to attend the closing, typically an additional hour. If the Attorney does do the Bank work fees are contingent on what the Bank is chosen.
Purchase and Sale Agreement - Buyer with financing
Hourly rates apply
*Base fee for a working draft of agreement based on meeting. Review and revisions will be billed separately. All prices quoted above are based on the absence of any unusual circumstances and DO NOT include recording charges, filing fees or title research.
Hourly Rates:
Partners: Jonathan Fryer and Vincent OBrien: $325.00 Associates: $175.00 Paralegals: $60.00 - $75.00
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Aside fr
om residential practice the firm has an active commercial practice. Representing builders, developers, and non-profit conservation entities in zoning and permitting matters through state and local boards, as well as condominium creation and litigation counsel in related matters. Throughout the Boston and MetroWest Area Fryer & O'Brien has represented numerous developers in: subdivision planning and approval; 40B affordable housing projects; extensive commercial developments; and local permitting for variances, special permits, board of health applications and conservation commission Notices of Intent.
Fryer & O'Brien represents sellers, purchasers, and lenders relative to residential, commercial, industrial, and condominium transactions. The firm serves also as a title agent, with an extensive title examination practice representing both local and national title insurers and law firms.
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Highest quality personal representation for a se
lect clientele.
Our attorneys help you move smoothly through a variety of issues. Their experience from years of focused and knowledgeable representation has proven to be extremely beneficial to their clients who return to them for their various legal needs. We focus our practice primarily to three different but interrelated areas of practice: * Real Estate and Real Estate Development * Business and Corporate Law * Estate Planning and Probate Our attorneys are licensed to practice in Massachusetts, Connecticut and New York, and offer the highest quality personal representation at a reasonable cost.
We keep our clients informed of legal changes that may affect them. We are available to address their questions and concerns.
IRA Trust A New Approach to Safeguarding the Wealth You Leave to Your Family
Leaving an IRA directly to heirs is fraught with pitfalls: the heirs may exhaust the funds quickly to the detriment of any long-term tax deferral benefits, the money may be vulnerable to divorce settlements or creditors, and any withdrawn money will lose the inherent protections of the IRA. read more
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Legal news article from Fryer O'Brien Attorneys Law IRA trusts, wills stock redemption for business MA Dover Chatham real estate lawyers
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IRA Trust A New Approach to Safeguarding the Wealth You Leave to Your Family
Leaving an IRA directly to heirs is fraught with pitfalls: the heirs may exhaust the funds quickly to the detriment of any long-term tax deferral benefits, the money may be vulnerable to divorce settlements or creditors, and any withdrawn money will lose the inherent protections of the IRA....
STOCK REDEMPTION
A stock redemption or entity buy-sell agreement is a binding agreement that is implemented by the owner's of a business to facilitate the orderly transition of a business interest in the event of the death, disability or retirement of a business owner...
Why Have a Will?
A stock redemption or entity buy-sell agreement is a binding agreement that is implemented by the owner's of a business to facilitate the orderly transition of a business interest in the event of the death, disability or retirement of a business owner...
A stock redemption or entity buy-sell agreement is a binding agreement that is implemented by the owner's of a business to facilitate the orderly transition of a business interest in the event of the death, disability or retirement of a business owner. With a stock redemption plan, the company agrees to purchase the interest of a business owner in the event that her business interest becomes available due to death, disability or retirement. The entity agreement outlines the terms of the sale and establishes a formula for determining the actual sales price of the stock based on the company's valuation. It also obligates the company to purchase the departing owner's shares while at the same time mandating that the departing owner or her heirs sell their business interest back to the company. Over the next two decades, the rate of change in population demographics will have a significant effect on value, liquidity, and leadership succession. The population of those between 65 and 84 years of age will increase by nearly 30 million people. During the same period, the population of those between 25 and 64 years of age will only increase by 11.1 million individuals, or nearly one-third of those individuals reaching retirement age. So why is ownership planning more important now than it's ever been? We have recently begun to see improvements in the overall economy, including long-term growth rates that are gradually beginning to edge upwards. As companies begin to grow again, their need to invest in working capital will also grow. However, if a company's future cash flows are needed to fund stock redemption obligations, its ability to invest in growth will be impaired. Or even worse, it might not have sufficient cash flow to provide the required incentive compensation to its employees to mitigate employee turnover. To ensure that your business will be positioned to thrive when growth begins to commence in earnest, incorporating a shareholder redemption liability study in your annual strategic planning should be of chief importance. A mere awareness of imminent redemptions is a sign of inadequate planning - you also must know how those redemptions will influence your company's ability to fund future growth while continuing to reward employees. To learn more about how you can minimize your redemption risk and how your peers are addressing this issue, give us a call.
STOCK REDEMPTION
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IRA Trust A New Approach to Safeguarding the Wealth You Leave to Your Family
Leaving an IRA directly to heirs is fraught with pitfalls: the heirs may exhaust the funds quickly to the detriment of any long-term tax deferral benefits, the money may be vulnerable to divorce settlements or creditors, and any withdrawn money will lose the inherent protections of the IRA. Trusts offer a safer option for passing on your IRA to heirs. Just like any assets held in trust, an inherited IRA left to a trust will limit exposure to both creditors and unchecked spending, thus providing greater assurance that long term tax deferral will be achieved. Furthermore, leaving an IRA to a trust with a responsible trustee can increase the likelihood that, along as there's no imperative need for cash, your heirs' tax deferral benefits will be maximized. Will your heirs resent this setup? Those who wish to spend more than you had in mind may be dissatisfied. But an heir who spends recklessly might have a change of heart about trusts once the money is gone. A trustee can be granted the power to draw from the IRA, if necessary, but the trustee can also be given the ability to pay out as little as possible, from this trust. As a result, a $250,000 inheritance can, over time, ultimately pay $1 million, $2 million, or more to the heirs. The Trouble with Trusts As nothing in life is perfect, you should be aware that leaving an IRA to a trust has its disadvantages as well. The IRS interprets the minimum required distribution (MRD) rules strictly for trust beneficiaries, which can result in reduced tax deferral. Example: You leave your IRA to a trust, naming your sister Karen as the trustee. Karen will have the discretion as to how much she distributes to your son Peter, who is the primary trust beneficiary. This arrangement serves to protect the assets. Karen can take minimum distributions from the IRA and hold the funds in trust, if she wants to keep Peter from depleting the money too quickly or losing the money to creditors or divorce. Trap: The IRS considers the above example an "accumulation trust." With such trusts, the shortest life expectancy of all the possible trust beneficiaries will be used to determine MRDs. Suppose that the IRA passes to the trust when Peter is 48, with a 36-year life expectancy on the IRS table. If his Aunt Belle, 65 years old with a 21-year life expectancy, is the oldest of the secondary beneficiaries, money must be withdrawn from the IRA on a 21-year schedule. The result is that taking money from the IRA over 21 rather than 36 years will curtail tax deferral and reduce potential wealth building. Alternative: A "conduit" trust in lieu of an accumulation trust may be preferable in certain cases in order to ensure long-term tax deferral. How it works: A conduit trust has a single individual as a primary beneficiary. The trustee is required to take at least the MRD amount from an inherited IRA each year, and pass that amount through to the trust beneficiary. Advantage: With a conduit trust, the primary beneficiary's life expectancy can be used to extend the MRD schedule. Disadvantage: Distributions cannot be accumulated in the trust as they must be passed through to the trust beneficiary, risking the money being spent or lost to creditors even though the IRA principal may still be protected. Summary: Until recently, leaving an IRA to a trust meant choosing between the maximum protection of an accumulation trust or the maximum tax deferral of conduit trust. Introducing the IRA Trust The IRS issued Private Letter Ruling 200537044 in 2006, approving an "IRA Trust." A Private Letter Ruling is an IRS document that approves or rejects a specific request, such as the use of a trust designed in a certain way, for a particular taxpayer. Using this new strategy, a benefactor begins by creating either an accumulation trust or conduit trust that will inherit his or her IRA. This trust should be a one-purpose trust. Following death, an independent party can "toggle" from one of these types of trust to the other, depending on the beneficiary's needs. At the death of the owner of the IRA, this IRA Trust will divide into smaller "subtrusts," one for each intended beneficiary. Example: You intend to divide your IRA among your four children. At your death, the IRA Trust (which becomes irrevocable at your death) will divide into one trust for your daughter Rachel, one for your son Matthew, one for your son Charles, and one for your daughter Sabrina. If you have full confidence in your children's ability to handle their inherited IRAs, each of the subtrusts can be structured as conduit trusts for maximum tax deferral and potential protection of principal. At any point during your lifetime, you can alter the plan if you decide that one or more of your children needs the protection of an accumulation trust. What happens after your death has now been clarified by Letter Ruling 200537044, which approves an arrangement in which each subtrust can have a "trust protector." The person who serves as trust protector must be unrelated by blood to the trust beneficiary, but may have a personal relationship to him or her, such as a personal financial adviser, attorney, CPA or friend. If worrisome circumstances arise, such as a beneficiary has matrimonial or creditor problems, the trust protector can change a conduit trust to an accumulation trust by voiding the provision that requires the immediate payout of IRA distributions to the primary trust beneficiary. As a result, the trustee will gain the discretion to accumulate funds, and more significant asset protection is afforded the beneficiary. This ruling has the benefit of working both ways. If an accumulation trust had been setup for a beneficiary with current financial problems that have since been resolved, the trust protector may switch it to a conduit trust by requiring the full payout of MRDs. It is important to note, however, that such a post-death toggle can be done only once, regardless of the direction the switch is made. According to the Private Letter Ruling, the one switch can be made within nine months of the IRA owner's death. The decision can, however, be made on a beneficiary-by-beneficiary basis so that some beneficiaries have conduit trusts and some beneficiaries have accumulation trusts. While this is an exciting and intriguing development in the world of retirement planning, one should proceed with caution. The IRA Trust has been approved in a Private Letter Ruling, which technically applies only to the taxpayer making the request. For more information about incorporating IRA Trusts into your retirement plan, please call.
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Many people believe that not having a will allows the state to take part of the estate (not true), that having a will automatically reduces taxes (also not true), or that having a will means that a lawyer gets to take a big fee out of the estate (also not true). The purpose of this article is to provide a brief explanation of what a will can do, and some practical advice on why a will is needed
Why have a will?
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What Happens Without a Will?
If you die with assets in your name, and without a will:
"The division and distribution of your estate is governed by a statute, called an "intestate" law. (The word "intestate" comes from the combination of the Latin suffix "in," meaning "not" or "without," and "testate," meaning "will," so "intestate" means someone who dies without a will.) If you are survived by a spouse and children, your estate is usually divided between your spouse and children. If you have only children (or grandchildren), the estate is divided among your children (and grandchildren). If you have neither spouse, children, nor grandchildren, the estate is distributed to your parents, brothers and sisters, grandparents, aunts and uncles, or cousins, depending on who survives you. "The person (or persons) who inherits your estate is usually appointed to serve as the Executor of your estate, to collect your assets and settle your estate. "If you have minor children who inherit from you, a court will appoint a guardian for their estates until they reach the age of eighteen. "If you have minor children and your husband or wife did not survive you, a court will appoint a guardian for their persons.
These laws do not always cause problems, but there are many situations in which you will want to arrange things differently by your will.
A Will Can Protect Your Husband or Wife
Most people assume that, if a husband or wife dies, everything goes to the survivor of them. That is certainly true of jointly owned property, but in Massachusetts (and most other states), the surviving husband or wife is entitled to only about one half the individually owned assets of a deceased spouse, the rest of the assets passing to the children. Your husband or wife could therefore be very surprised to find, after your death, that half of your property has passed to your children. (If your children are minors, insult can be added to injury, because the court must appoint a guardian for the property passing to the children. That means that the children get one half of your property, your husband or wife is still responsible for raising them, and your husband or wife has to account to the children and the Probate Court on how the money has been invested and used for the children.) If you are married and want your husband or wife to own everything after your death, it is usually a good idea to have a will that says that and avoid any possible confusion or surprise.
A Will Can Appoint Guardians for Your Children
If you have minor children, you have the right to appoint the guardians who will take care of your children upon the deaths of you and your husband or wife. (Upon the death of only one parent, the surviving parent obviously continues as the natural guardian, so the problem only arises if both parents die in a common accident, or if one parent has already died.)
A Will Can Appoint Trustees for Children
If you have minor children, you also have the right to appoint a guardian of their estates. (A guardian of the estate invests and takes care of the property that a minor inherits, while a guardian of the person takes the place of the parent in caring for the minor.) However, it is usually better to appoint a trustee and put specific directions in the will for applying the child's inheritance for support and education, and specific directions for the age at which the child may receive the balance of the inheritance outright, free of trust. If you fail to write a will and your minor children inherit from you, a court will appoint a guardian for them, and your children will receive their inheritances at the age of eighteen when a more reasonable age might be 25 or even 30.
A Will Can Appoint Executors
Although the job of an executor (or administrator) of an estate is usually not as important as many people think (it's really just a matter of finding the assets, paying the debts, paying the taxes, and distributing whatever is left), there are sometimes disputes about who should be the administrator when there is no will, or there are disputes among the administrators if more than one is appointed. Having a will that names an executor can eliminate these kinds of problems.
A Will Can Save Taxes
Having a will does not, in itself, save any taxes. If your estate would pass to your children without a will, and you write a will leaving everything to your children, the death taxes (state inheritance tax and federal estate tax) will be exactly the same with or without the will. It is possible for a married couple whose combined estates are more than the federal estate tax "applicable exclusion amount" (which is $5,000,000.00 in 2013) and the Massachusetts exemption (which is $1,000,000.00) to save federal and or state estate tax through special trust provisions in a will or revocable trust. A properly drafted Credit Shelter trust will effectively double those exemptions.
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Probate wills taxes
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Probate
Our attorneys can sh
orten this process significantly and allow you to worry about the more important things surrounding the loss of a loved one. Our goal is to ensure the proper distribution of one's estate. If you have questions about the probate process, our attorneys are here for you during this time.
Proper distribution of Estate
Our attorneys are experienced in handling the often stressful, time consuming, and confusing process typically associated with probate and probate court.
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There is no residential transaction too large or too small for our attorneys to handle. We deal with all types of transactions from:
Fryer and O'Brien's attorneys assist buyers, sellers, lenders, and builders with all their residential real estate needs. Some features of the firm's work include:
Contract: purchase and sale Financing: from new mortgages to refinancing Title: through our comprehensive title searches to the steps necessary to perfect title. Land use: local planning boards, variances, wetland act other zoning issues.
Single-family homes; Condominiums; Cooperatives; Undeveloped land; and Subdivisions.
We advise on an array of topics stemming from these transactions. Although we are located in Dover, our attorneys provide their expertise to residential closings and issues all across Eastern Massachusetts.
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A Trust is
a legal device which can provide tremendous flexibility, multiple options and may provide substantial estate tax benefits. Trusts are used in real estate transactions, for lifetime giving and most commonly for optimal estate planning benefits.
With Massachusetts recent adoption of the Uniform Probate Code, this process is drastically and rapidly changing. To ensure the protection of your family and assets, it is crucial to find an attorney who is well versed in this area of the law.
There are a wide range of trusts available including the following:
* Revocable trusts * Irrevocable trusts * Realty trusts * Joint revocable trusts (for married couples) * Trust amendments * Irrevocable life insurance trust * Irrevocable Medicaid trust * Marital deduction trusts
Providing protection for your family
Will your wealth be preserved?
We help you protect what's important
MUPC
AN ACT RELATIVE TO THE UNIFORM PROBATE CODE.
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The Attorneys of Fryer & O'Brien advise individuals on all of t
heir options with regard to future planning. The goal of Fryer & O'Brien here is to make this experience as pleasant as possible, and to ensure that their client's loved ones are cared for long after they are gone. The attorneys consistently monitor the laws in this area to assure maximum benefits with minimal tax consequences.
With the Massachusetts adoption of the Uniform Probate Code, this area of the law is undergoing many changes. It is of the utmost importance that the attorney you choose is aware of these new laws and regulations. The attorneys of Fryer & O'Brien are well versed in this area, and are ready to address your individual needs.
Our ongoing consultations in regard to future planning, including wills and trusts, is an interactive conversation between client and attorney. In the final analysis the client will understand the process and appreciate the intricacies of their individual estate plan.
Services we provide: * Gift and Estate Tax Return Preparation * Simple Wills * Pourover Wills * Reciprocal Wills * Living Wills * Codicils * Crummey Notices
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