Vieira & DiGianfilippo Ltd.FindLaw IM Template2026-07-09T02:48:10Zhttps://www.vieira-digianlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100944/2019/03/cropped-site-identity-32x32.jpgOn Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[5 important details to include in your will]]>https://www.vieira-digianlaw.com/?p=501502026-07-09T02:48:10Z2026-07-09T02:48:10ZKey provisions that can strengthen an estate plan
Every estate is different, but several provisions appear in most well-prepared wills. Together, these details can make your intentions easier to understand and often reduce confusion later. Some of the essentials in a will commonly include:
The person who will oversee your estate: Your will should identify the person responsible for managing probate, paying valid debts and carrying out your final wishes.
Instructions for distributing your property: Explain who should receive your home, bank accounts, personal belongings and other property. Clear instructions can reduce disputes over what each person should receive.
Guardian nomination for minor children: If you have young children, your will may identify the person you want the court to consider as their guardian if you are no longer able to care for them.
A backup inheritance plan: Life can change before a will takes effect. Naming alternate beneficiaries may help your estate plan stay in place if a primary beneficiary dies first.
Additional estate planning provisions: Some added provisions often make probate easier. For example, a self-proving affidavit often reduces delays. If you use a revocable living trust, a pour-over provision can transfer remaining assets into that trust.
Including these provisions can make your wishes much clearer. Even so, the contents of a will are only one part of the process. The document must also meet your state's legal requirements before a probate court can accept it.
In Rhode Island, a valid will generally must be in writing and signed by the person making it, or by someone acting under that person's direction. The signer must sign the will, or acknowledge an existing signature, before two or more qualified witnesses who are present together.
Why careful planning matters
A will does more than distribute property. It creates a written record of your wishes and guides family members during a difficult time.
Even with thorough planning, every estate can present different legal and financial issues. Because of that, professional guidance often remains an important part of the process. An estate planning attorney can review your document, explain how the law applies and identify provisions that fit your family's goals.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[Why does the bank choose the closing attorney in Massachusetts?]]>https://www.vieira-digianlaw.com/?p=501442026-04-21T14:42:56Z2026-04-21T13:48:15ZThe lender wants its own interests protected
The short answer is that the lender has money at risk in the transaction. Before it releases loan funds, it wants to confirm that the title is clear enough to support the mortgage and that the closing documents properly protect its interest in the property.
In Massachusetts, the closing attorney in a financed transaction commonly represents the lender’s interests at the closing. That attorney examines the title, issues a certification of title and handles the transfer of funds. Although you may pay that fee as part of your closing costs, the attorney’s primary role in that setting is to protect the lender.
Massachusetts treats closings differently from some other states
Massachusetts does not handle residential closings the same way every state does. When a mortgage loan is part of the transaction, the closing process generally must be handled by a licensed attorney rather than a nonlawyer settlement company. That helps explain why the lender places so much importance on choosing counsel for the closing.
From the lender’s perspective, the closing is not just a signing appointment. It is the final step in a secured loan transaction. The lender wants an attorney it trusts to handle the legal work tied to that loan.
What the closing attorney usually does for the lender
The closing attorney’s work often includes several important tasks:
Reviewing title issues that could affect the mortgage
Preparing or coordinating the lender’s closing documents
Making sure the mortgage and related documents are properly recorded
Those steps help the lender confirm that it receives the lien position and legal protections it expects before funding the loan.
That does not always mean the buyer has no legal support
The lender’s closing attorney does not automatically serve as your personal legal adviser. In some cases, the same attorney may represent both the lender and the buyer if the situation allows it and the conflict rules are properly addressed. In other cases, you may want separate counsel. That distinction becomes especially important if a title issue comes up, the purchase agreement raises questions or you want independent advice about risk before you sign.
Why buyers should understand this before closing day
For first-time buyers, this part of the process can feel counterintuitive. You are the one purchasing the home, yet the bank often chooses the attorney who handles the closing. Once you understand why, the process tends to make more sense. The bank chooses the closing attorney because that attorney helps protect the bank’s loan.
A real estate lawyer can help you understand where the lender’s role ends, and your own interests begin. That can be especially helpful if questions come up about the title, closing documents or unexpected issues before closing.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[Should you establish a revocable living trust?]]>https://www.vieira-digianlaw.com/?p=500562026-01-15T03:01:48Z2026-01-15T02:56:02ZWhat are the advantages of an RLT?
When you place your assets in an RLT, you help fast-track your asset distribution process for your chosen heirs. Since these assets already have designated beneficiaries, they can bypass the lengthy process of probate.
Your trust’s terms can also be personalized according to your wishes. For example, you want your youngest grandchild to inherit your vacation home, but only after they turn 30 years old. This condition helps ensure that they are already financially stable by the time they receive your property.
Because your living trust is “revocable”, this means that you get to be in control of your trust during your lifetime. You are free to amend your document’s terms, add more beneficiaries and/or appoint a secondary trustee at any time.
What are the disadvantages of an RLT?
When you establish an RLT, you will need professional guidance from a financial advisor and a lawyer. Depending on the complexity of your assets, the financial review and strategic planning phase may take a while and become expensive.
For instance, you and your estate planning lawyer must manually re-title every single asset that you want transferred to your RLT. Each property title change may also carry processing fees and have varying timelines.
Once your RLT has been created, you will need to monitor it on an annual basis to ensure that all necessary adjustments are made accordingly.
By weighing your options, you can make informed decisions about your estate
Since every person has their own set of goals for the future, a revocable living trust may not be a one-size-fits-all solution for everybody. By learning about an RLT’s advantages and disadvantages, you can weigh your options better and decide what is best for you and your family.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[Spotting red flags in closing documents]]>https://www.vieira-digianlaw.com/?p=500242025-10-03T15:40:44Z2025-10-03T15:40:44ZBuying a home is exciting but closing day can feel overwhelming. Buyers typically sign numerous documents that outline the financial and legal terms of the purchase. Knowing what to look for helps avoid costly mistakes.
Errors in the purchase agreement
The purchase and sale agreement is one of the most important documents. It lists the price, closing date and contingencies. Errors in the price, missing seller concessions or unclear repair duties are red flags. Even small mistakes can lead to disputes or extra costs later.
Title and lien issues
The closing package should prove the seller owns the property free and clear. Old liens, unpaid taxes or boundary disputes often show up in the title search. If these problems stay unresolved, the buyer may inherit them. Title insurance offers some protection but spotting issues early prevents delays.
Loan documents with mismatched terms
Buyers using financing must carefully review the loan papers. The interest rate, loan term and monthly payment in the note and closing disclosure must match what the lender promised. A higher rate or hidden fees in the paperwork are major red flags that require attention.
Unexpected fees in the closing disclosure
Lenders must provide buyers with a closing disclosure at least three business days prior to closing. This form lists all fees, including appraisal, recording, and attorney costs. Watch for new charges or fees that seem higher than expected. Asking questions before signing helps keep costs under control.Before signing, it's helpful to review the closing package as a whole. Mistakes in one document often connect to problems in another.
How an attorney protects you during a home closing
In Rhode Island, a real estate attorney may assist by reviewing closing documents, identifying potential issues and suggesting solutions before the buyer signs. They may also review the purchase agreement and assist in resolving title issues. Having legal guidance during this process can give peace of mind and may help protect the buyer's rights.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[How AI can – and can’t – help buyers close on a home]]>https://www.vieira-digianlaw.com/?p=500152025-07-23T16:31:13Z2025-07-23T16:31:13ZOver the past few years, artificial intelligence has increasingly been changing how buyers approach the home-buying process. From chatbots answering basic questions to algorithms scanning listings and predicting property values, AI tools can save time and increase access to information. With that said, when it comes to closing on a home, buyers need to understand where AI can help—and where it cannot replace human experience and legal oversight. There is far, far too much at stake in the sales process to entrust certain tasks to AI. And even entrusting relatively basic tasks to AI can be risky if doing so is not approached in a thoughtful and informed way.
Understanding the strengths and limitations of AI assistance
AI can be especially helpful at the beginning of the homebuying process. It can help buyers identify properties that meet their needs, provide comparative market data and generate cost estimates based on taxes, insurance and potential mortgage terms. Some tools even predict whether a listing is priced fairly or if it is likely to drop in price soon. This kind of automation gives buyers an advantage when navigating a competitive market.Once a property is selected, AI can help schedule inspections, organize digital paperwork and monitor key deadlines. Some AI-powered platforms can flag missing documents or suggest when to move forward in the process. These tools can help keep buyers on track and make closing day feel more manageable.However, when it comes to reviewing contracts, handling title issues and navigating real estate law, AI cannot replace the assistance of a licensed professional. Home purchases are complex legal transactions that often involve contingencies, disclosure requirements and financing terms that require a careful review. AI may recognize terms in a document, but it cannot fully understand your priorities, explain nuanced risks or negotiate on your behalf, if you’re hoping to secure the home of your dreams.Some buyers are understandably tempted to draft their own contracts or disclosures with AI tools to save money, but that approach can lead to unenforceable agreements or missed protections. A home purchase is too important to rely on generic or incomplete legal documents. Closing on a home requires both speed and caution. AI can speed certain phases of the homebuying process up, but only trusted human guidance can work to ensure that everything is done right.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[3 documents that buyers typically need when closing on a home]]>https://www.vieira-digianlaw.com/?p=499512025-04-24T14:28:29Z2025-04-24T14:28:29Zsign in front of an attorney. Having a real estate lawyer oversee closings limits the likelihood of professionals with minimal education making errors that can complicate the transfer of ownership and other key components of a real estate transaction.
Buyers need to come to the table prepared for all of the requirements of the closing process. Typically, they need to bring certain documentation with them to the table. What personal documentation do buyers need for their closing appointment with a Massachusetts real estate attorney?
State-issued identification
The most important documentation is something that most people carry with them every day anyway. Part of the attorney's purpose during a real estate transaction is to validate the identity and legal capacity of the people completing the transaction. As such, buyers generally need state-issued identification. Driver's licenses and passports can fulfill this requirement.
Proof of insurance
Mortgage companies impose numerous obligations on buyers that extend beyond what the law requires. Those financing real estate purchases typically need to acquire homeowners insurance policies that take effect on the date that they assume possession of the property. They need to maintain adequate coverage based on lender requirements. Bringing policy documents to affirm that buyers have met the key requirements can help facilitate a smooth closing process.
A copy of the settlement statement
Technically, there will be original documents for the buyers to review and sign at the closing table. Any documents previously provided to them may have since undergone revisions. They don’t necessarily need to physically bring the settlement statement with them. However, buyers generally need to understand the amount of cash due at closing and therefore need to have reviewed a copy of the settlement statement beforehand. Having a copy that they reviewed and approved previously can help ensure that they have the necessary certified funds for closing, including any amounts required to fund escrow accounts.
Having appropriate documentation and an understanding of the process can make it easier for buyers to complete residential real estate transactions. People who prepare themselves before closing are less likely to feel stressed out and anxious during the actual signing process.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[Choosing a guardian for a special needs adult]]>https://www.vieira-digianlaw.com/?p=499082025-01-28T22:35:53Z2025-01-28T22:35:53ZPlanning for the future care of a special needs adult is a significant and emotional responsibility for parents. If you are facing this particular concern, as part of the estate planning process, selecting a guardian is one of the most consequential decisions you’ll make to better ensure that your loved one continues to receive the care, support and advocacy that they need.
A well-thought-out guardianship plan can help to inspire greater peace of mind that your child’s physical, emotional and financial needs will continue to be met even if/when you’re no longer able to provide care yourself.
What is a guardian?
When the parents of a minor pass away, another adult may become their legal guardian. The same holds true when the parents of a special needs adult pass away. A guardian is a person legally appointed to make decisions on behalf of an adult who is unable to fully manage their own affairs. For special needs adults, this often includes decisions related to healthcare, housing, education and daily living. A guardian’s role can also extend to managing finances if the individual cannot handle their own money.Selecting the right guardian for your adult special needs child is a deeply personal decision. The guardian must be willing to take on the responsibilities and challenges of caring for a special needs adult. Consider whether the person you’re thinking of has the time, energy and capacity to meet your child’s needs. It’s also important to choose someone who understands the unique challenges and requirements of caring for a special needs individual. A guardian should be familiar with your child’s condition, medical care and support systems.You’ll also want to consider how well a potential guardian knows and gets along with your child. A strong, positive relationship can ease the transition into their new relationship and help maintain stability. With that said, it’s also important to understand that guardianship is a long-term commitment. If a chosen guardian is older, it’s wise to name a successor guardian who can step in if an adult child’s primary guardian becomes unable to serve.This can be an overwhelming prospect. But, an experienced estate planning legal team can guide you through this process. You don’t have to do this alone. ]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[Why do home buyers need to pay for 2 title insurance policies?]]>https://www.vieira-digianlaw.com/?p=498542024-10-24T14:02:28Z2024-10-24T14:02:28ZLenders and buyers both require protection
Title insurance protects the ownership interest that a buyer acquires in a real estate transaction. Should there be issues with the title of the property later, title insurance helps protect them. Their policy can pay for legal representation if they must take the matter to court.
Should a valid title claim lead to a loss at trial, their policy can also compensate them for what they invested in the property before losing it to an outside party. Obviously, buyers who have made a down payment and months of mortgage payments stand to lose thousands of dollars after a successful title claim.
The lender who financed the transaction is also at risk. In fact, the lender usually has more to lose because they covered the vast majority of the purchase price of the property. A buyer therefore has to pay for coverage that protects them and also coverage that protects their lender.
In some cases, buyers may have the option of waiving their personal coverage, but the coverage for their mortgage lender is not optional. Despite the expense involved, title insurance can be important for financial protection and peace of mind.
Buyers trying to make sense of their closing documents may need help reviewing different expenses and terms. Obtaining legal assistance during the home closing process can help buyers avoid scenarios in which people may take advantage of them or where they end up subject to unfavorable terms. And, learning about the standard costs involved in residential real estate transactions can help buyers budget accordingly.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[How often should people update their estate plans?]]>https://www.vieira-digianlaw.com/?p=498522024-07-24T18:23:20Z2024-07-24T18:23:20ZAfter major life changes
There are countless changes to a person's situation that might warrant making significant adjustments to an existing estate plan. Those changes include getting married or divorced, having children, losing a loved one or acquiring new resources.
In each of those scenarios, the terms outlined in an estate plan may prove inaccurate and outdated after someone's death. Without an update, the wrong people might inherit from their estate or hold positions of authority. People might also be able to initiate probate litigation to challenge the estate plan based on its age or contents.
After a few years have passed
Testators do not have to experience dramatic personal changes for an estate plan to become outdated. In many cases, slow shifts in relationships and financial circumstances can lead to inaccurate and outdated documents.
Many estate planning professionals recommend reviewing documents at least a few times every decade. People may discover that they need to make minor changes every few years based on seemingly insignificant shifts in their personal holdings or in their family circumstances. Even changes in a testator's health related to age might warrant the revision of documents already in place.
Proactively reviewing and updating estate planning paperwork can help people derive the maximum protection possible from their efforts. Maintaining accurate estate planning paperwork can be as important as choosing to draft documents in the first place.]]>On Behalf of Vieira & DiGianfilippo Ltd.<![CDATA[What issues might prevent a residential closing from occurring?]]>https://www.vieira-digianlaw.com/?p=498502024-04-29T23:46:32Z2024-04-29T23:46:32ZFinancing challenges
Issues with financing can arise for numerous different reasons. Perhaps an appraisal of the property returns an unexpectedly low amount. If the appraised value of the home is below the price offered by the buyer, the lender may refuse to finance the transaction or may limit the funding provided based on the appraised value of the home. Other times, changes in the buyers' financial circumstances might make them ineligible for a mortgage. An increase in their total debt levels or a sudden drop in income might make them unable to secure a mortgage.
Property issues
Sometimes, people uncover concerning defects with a property after submitting their initial offer. Perhaps the inspector finds latent defects that the seller had not previously disclosed. Maybe a surveyor determines that the boundaries of the parcel do not fall where the seller previously indicated. It could be the final walk-through right before closing that exposes significant damage caused by the seller's moving out or removing fixtures that should have remained with the property.
Any of those issues might force the buyers to renegotiate and could lead to the cancellation of the closing. Personal issues affecting either the buyer or the seller, ranging from a sudden divorce announcement to a death in the family, could theoretically prevent a real estate transaction from occurring. Buyers need to protect themselves from the risk inherent in real property by learning about their rights and submitting offer documents customized for their protection.
Addressing potential challenges preemptively can take much of the risk out of purchasing residential real estate. Buyers who include the right contingencies and other terms in their documents have less to lose if a closing doesn't occur for some reason.]]>