Defending Yourself from Government Intrusion — An American Pastime We Celebrate with Our Clients Every Day
By Claire Crowley and Ben Palkowski, Old Colony Law | EXPERT CONTRIBUTOR
Published in Northampton Living August 2025
Expert Contributors
We recently celebrated the 250th anniversary of the Battles of Lexington and Concord and the Army’s 250th birthday. Next year will mark 250 years since the signing of the Declaration of Independence.
As we celebrate these milestones, it’s important to note that estate planning encompasses some of the principles and values upon which our country was founded, like property rights, privacy and personal autonomy. We often talk with our clients about how to best protect these founding principles and values from the chaos of today’s government.
One of the chief concerns cited among our clients is protection from government intrusion. Most want to make sure their spouse or children are not left with unnecessary court proceedings, taxes and delayed access to inheritances.
When clients raise such concerns, we often talk about three principal ways to protect against government intrusion into estate planning by minimizing taxes, easing the transfer of assets to beneficiaries, and exercising the right to personal autonomy in the event of incapacity.
1: Taxes on Property
Avoiding government intrusion in the form of taxes requires comprehensive estate planning to avoid taxes on the transfer of property at death. Families often find themselves surprised to be faced with the burden of an estate tax bill, but the government knows that most individuals fail to engage in death tax avoidance planning, especially at the state level. Depending on the situation, taxes on the transfer of property can be completely avoided.
There are almost always important tax considerations in estate planning, even in seemingly simple situations. Even if an estate is not subject to the Massachusetts death tax (which impacts more estates than most people think), death can trigger a host of complex tax implications for loved ones inheriting assets, especially if a substantial part of an otherwise modest estate is comprised mostly of appreciated property or retirement account savings.
2: Privacy
Protecting privacy through probate avoidance is a common goal of many clients. It takes proper estate planning to avoid the privacy intrusion of probate – not to mention the costs, frustrations and delays often faced by surviving family members in administering an estate. Unfunded trusts and forgotten beneficiary designations commonly result in assets needing to pass through the public probate process – delaying the transfer of assets to loved ones and exposing family matters for all to see.
By implementing trusts and properly coordinating your assets with your estate plan, you can protect your spouse or children from court supervision and public intrusion in the administration of your estate.
3: Personal Autonomy
An often-overlooked aspect of estate planning is incapacity planning. Incapacity becomes more likely as we age due to the risks of dementia, strokes and accidents. Without a comprehensive estate plan, a court could decide who manages your financial affairs and makes your health care decisions without your input. Trusts, powers of attorney, advance directives and health care proxies can help protect your personal autonomy from the government in making these important decisions.
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