Guide to
Estate Planning
For Our Clients



ESTATE PLANNING, PROBATE and TRUST

The estate planning practice at Hemenway & Barnes stands as a strength of the firm, as it has since the firm's early days. This is emblematic of our emphasis on the representation of the individual and the family. Estate planning is a personal process and involves the disposition of one's assets both during life and at death, typically among one's spouse, children, and grandchildren and often future generations and charities. An ongoing process, this planning evolves as the client accumulates wealth and as his or her family grows and matures. As a result, the estate planner at Hemenway & Barnes is likely to develop a long-term relationship with our clients and their families. Our lawyers often serve as trustees and executors for our clients, serving as fiduciaries for generations of family members.

At Hemenway & Barnes, our first goal with a new estate planning client is to sit down and learn about the client's family and financial situations and to understand the client's particular estate planning needs and objectives. Each client's situation is unique and requires a thoughtful, non-formulaic approach. Planning involves more than the mere drafting of documents - it calls for a careful assessment of the client's assets and the creation of a strategy designed to achieve the client's goals in a tax-advantaged way. Only after the client and lawyer have decided upon a coherent course of action can the drafting of documents get underway. Those documents typically include a will and often one or more forms of trust, although some situations may require more sophisticated vehicles for the management and transfer of property, such as partnerships and limited liability companies.

In today's environment, estate planning demands a thorough understanding of retirement assets, stock options, corporate and partnership interests, appreciated real estate, family businesses and other specialized assets, requiring an organized and multi-disciplinary approach. At Hemenway & Barnes, we enlist the expertise of our business, real estate, and tax colleagues where it would benefit the client. In collaboration with our Select Client Services, we offer clients expertise in creative philanthropy, helping to set up and administer charitable giving funds as part of this service. Often, our experience with multi-generational family groups enables us to help our younger clients with education and guidance regarding inherited wealth and how best to handle it.

At Hemenway & Barnes, the lawyers in the our estate planning group concentrate on estate planning and fiduciary work and enjoy many years of experience in the hands-on administration of estates and trusts. In fact, our estate administration and trust departments are essential elements of this aspect of our practice. At Hemenway & Barnes, we offer the experience, expertise and breadth of skills that you require and that your family deserves.