Yes, we serve individuals and families throughout Cape Cod by convenient virtual appointment, including Bourne, Brewster, Buzzards Bay, Chatham, Cotuit, Dennis, Eastham, Falmouth, Harwich, Hyannis, Mashpee, Orleans, Provincetown, Sagamore, Sandwich, Truro, Wellfleet, and Yarmouth. No matter where you are on the Cape, you can get expert estate planning help without ever leaving home.

Without knowing your particular circumstances and estate planning goals, it is difficult to provide an exact estimate. However, you can expect to pay between $1000 and $3000 for a will-based estate plan and between $4000 and $7000 for a trust-based estate plan.

Each of these plans should include all necessary documents, including powers of attorney, living wills, declarations of guardian, and all documents transferring your real estate into your trust.

We believe in a flat fee model. This means there are no future surprises or charges for questions, revisions, or additions while we are working on your initial estate plan. Not all law firms practice this way, some prefer an hourly rate for present and future service needs. We will provide a transparent, all-in price for your estate plan after learning about your unique needs and goals during your free consultation.

Yes, we offer a complimentary consultation to help you determine if we are the right fit for your estate planning needs. You can meet with Leslie by phone or a secure Zoom meeting at a time that is convenient for you.

Yes, and it often surprises people to learn just how public the probate process is. In Massachusetts, probate is handled through the Probate and Family Court, and the records are open to anyone who wants to look. That means your will, the full inventory of your assets, the names of your beneficiaries, any creditor claims, final accountings, and even any disputes or challenges become part of the public record for all to see. This is one of the most compelling reasons to have a well-structured estate plan built around trusts. When assets are held in a properly drafted trust, they pass to your loved ones privately and outside of probate entirely, keeping your family’s financial affairs out of the public eye and reducing the risk of unwanted scrutiny or conflict.

Most estates in Massachusetts take between nine and eighteen months to complete probate, largely because the state requires a mandatory one-year creditor claim period before assets can be distributed. Delays from court scheduling, heir disputes, or real estate sales can extend that timeline even further. A trust-based estate plan allows your assets to pass to your loved ones outside of probate entirely, saving your family significant time and expense.

Probate costs vary by estate size and complexity, but families can expect to pay attorney fees ranging from several thousand to well over ten thousand dollars, along with personal representative fees, court filing fees, required newspaper publication fees, appraisal fees, and bond premiums. Massachusetts also imposes a state estate tax on estates over two million dollars, which can add meaningful administrative work and cost on top of the probate process itself. A well-structured estate plan can help your family avoid or minimize many of these expenses by keeping assets out of probate altogether.

No. A will does not avoid probate; it guarantees it. A will is simply a set of instructions to the probate court, and filing it triggers the probate process rather than bypassing it. There are several important consequences families should understand:

• Delays in distribution: Because of Massachusetts’ mandatory one-year creditor period, heirs often wait a year or more before receiving their inheritance
• High costs: Attorney fees, executor fees, and court costs reduce the value of the estate, and larger or contested estates can see fees reach tens of thousands of dollars
• Loss of privacy: Probate exposes your personal and financial information to the public, which can attract attention from distant relatives, creditors, or scammers
• Increased dispute risk: Because probate is public and court-supervised, it creates opportunities for will contests, creditor challenges, and heir disagreements
• Court involvement at every step: Even informal probate requires filings, notices, and strict timeline compliance
• Real estate nearly always forces probate: If property was owned solely in the deceased’s name, probate is required even if other assets pass cleanly
• No incapacity protection: A will only takes effect after death and does nothing to manage assets or avoid court involvement if you become incapacitated

A properly structured estate plan built around trusts is the most reliable way to avoid probate and protect your family from these consequences.

A Cottage Trust is a specialized estate planning tool designed to protect and pass down a family vacation home, making it particularly valuable for Cape Cod families with waterfront properties or seasonal cottages they want to keep for generations. Rather than leaving the property directly to children, which can lead to disagreements, forced sales, or costly probate delays, the trust becomes the legal owner and establishes clear guidelines for how the property is used, how expenses are shared, how decisions are made, and how the cottage eventually passes to future generations. It is one of the most reliable and thoughtful ways to ensure that a cherished Cape Cod property stays in the family.

Cape Cod families turn to Cottage Trusts for four main reasons. First, a Cottage Trust avoids probate entirely, sparing the property from Massachusetts’ slow, public, and costly court process. Second, it prevents family conflict by establishing clear rules upfront around scheduling, maintenance responsibilities, shared expenses, and rental or guest policies, eliminating the misunderstandings that so often arise when siblings inherit a property together. Third, it protects the cottage from outside risks, including a beneficiary’s creditors, divorce settlements, or bankruptcy, reducing the chance of a forced sale. Finally, it allows you to plan for the long term by deciding who may use the property, how it passes to children and grandchildren, whether it can ever be sold, and how ongoing maintenance will be funded.

A well-drafted Cottage Trust covers every aspect of shared property ownership so nothing is left to chance. It typically includes:

Use & Scheduling

• Peak-season and holiday rotation rules
• Guest and rental policies

Maintenance & Expenses

• Required annual contributions and a reserve fund
• Procedures for repairs, improvements, and non-payment

Decision-Making

• How beneficiaries vote on renovations, rentals, and major repairs

Buy-Out & Exit Options

• Valuation method and right of first refusal if a beneficiary wants out
• Payment terms and procedures if no one purchases the interest

Long-Term Succession

• Clear guidelines for passing the property to children and grandchildren, keeping the cottage in the family for generations

Cape Cod presents estate planning challenges that many other parts of the country simply do not. A Cottage Trust is one of the most effective tools for addressing them:

• Many families here own second homes or multi-generational cottages that require special planning to preserve
• Massachusetts imposes a state estate tax, and rising property values on the Cape are pushing more families into taxable estate territory
• Seasonal use patterns and rental income add layers of complexity to shared ownership
• Without a plan in place, these properties are vulnerable to probate, family conflict, and forced sales

A Cottage Trust addresses all of these challenges while protecting your family’s connection to the Cape for generations to come.

The 5 by 5 rule, sometimes called a 5×5 power, is a provision that can be included in a trust to give a beneficiary limited access to trust funds each year. It allows the beneficiary to withdraw the greater of $5,000 or 5% of the trust’s total fair market value in any given calendar year. This provision balances flexibility for the beneficiary with protection of the trust’s long-term assets, ensuring that funds remain available for future needs while still giving the beneficiary some degree of financial access. Whether a 5 by 5 provision makes sense depends on the goals of the trust and the needs of the beneficiary, which is something Leslie Thomas will help you evaluate as part of your personalized estate plan.

The next step is simple: schedule your complimentary consultation with Leslie Thomas. In a short phone or secure Zoom call, Leslie will learn about your situation, answer your questions, and help you understand what an estate plan tailored to your family and your Cape Cod property could look like. There is no obligation and no pressure, just straightforward guidance from an experienced attorney who genuinely cares about protecting what matters most to you.