Tracy A. Craig

Tracy is a partner and chair of the firm's Trusts and Estates Group. She focuses her practice in estate planning, estate administration, prenuptial agreements, tax-exempt organizations, guardianships and conservatorships, and elder law.  Before joining Mirick O'Connell, she was counsel at Testa, Hurwitz & Thibeault LLP, in Boston.

Tracy works with individuals in all areas of estate and gift tax planning, ranging from testamentary estate planning, including business succession planning, to sophisticated lifetime leveraged gifting techniques, such as grantor retained annuity trusts (GRATs), intentionally defective grantor trusts, family limited liability companies and qualified personal residence trusts (QPRTs). She also specializes in estate administration, prenuptial agreements, guardianships and conservatorships, and all aspects of charitable planning, including the formation and operation of tax-exempt organizations ranging from private foundations to public charities. She serves in various fiduciary capacities, including trustee, conservator, and personal representative (formerly known as executor). She also works with clients on issues facing elders.

Tracy has received an AV® Preeminent Peer Review Rating by Martindale-Hubbell, the highest rating available for legal ability and professional ethics and has been elected to be a Fellow of the American College of Trust and Estate Counsel.  She is also a member of The National Advocates Top 100 Lawyers, an invitation-only, professional organization composed of premier lawyers from across the country who exemplify superior qualifications in their area of specialty.  Tracy has been named a Massachusetts "Super Lawyer" by Boston magazine and Law & Politics every year since 2013.  She was selected a "Top Women in Law" by Massachusetts Lawyers Weekly in 2014.  Tracy was also selected by her peers for inclusion in The Best Lawyers in America© 2020 in the field of Trusts and Estates.  First listed in 2019.

Bar & Court Admissions

  • Massachusetts
  • Boston University School of Law JD (1993)
  • University of Pennsylvania BA, cum laude (1988)
  • Prepared testamentary estate plans consisting of durable powers of attorneys, health care proxies, wills and revocable trusts
  • Prepared and implemented irrevocable insurance trusts
  • Prepared and implemented sophisticated gifting strategies, including GRATS, installment sales to intentionally defective grantor trusts, and QPRTS
  • Negotiated and prepared prenuptial agreements for high-net-worth clients and their children
  • Administered complex estates, including the preparation of state and federal estate tax returns
  • Obtained temporary and permanent guardianships and conservatorships for incapacitated individuals, including Rogers guardianships to allow administration of anti-psychotic medication
  • Organized and formed nonprofit/charitable entities and applied for tax-exempt status
  • Served as trustee of various irrevocable trusts
  • Advised on trust and estate issues involved with probate litigation matters, including decedent's estates and trust administration, and the use and misuse of durable powers of attorney.

Publications/Presentations

Professional / Community Affiliations

  • American College of Trust and Estate Counsel, Fellow
  • Worcester Estate and Business Planning Council, Board Member, Executive Committee
  • Greater Worcester Community Foundation, Board Member, Donor Stewardship Committee, Nominating Committee, Professional Advisors Network
  • Worcester Art Museum, Corporator, Corporator's Council; Chair Corporator Nominating Committee
  • American Bar Association, Real Property, Probate and Trust Law Section
  • Massachusetts Bar Association, Probate Law Section
  • Boston Bar Association, Trusts and Estates Section
  • Worcester County Bar Association
  • Boston Estate Planning Council
  • ACCREDITED ESTATE PLANNER®

T&E Blog

Couples: 5 Reasons to Review Your Estate Plan

I see about 500 new individuals or couples every year to talk about their estate plan. Occasionally, I find couples who have done no planning at all. In the vast majority of cases, though, people have a plan. It just …

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THE APRIL 15TH REPRIEVE

The Treasury Department recently announced that certain taxpayers will have an extra three months to pay income taxes that would otherwise be due on April 15, 2020, for the tax year 2019. This extension of time to pay is solely for …

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THE CORONAVIRUS CRISIS: CHANGES TO LONG-TERM CARE AND ESTATE PLANNING

Over the past few weeks, our country has been deeply impacted by the COVID-19 crisis. For seniors and those with disabilities, this health crisis is particularly challenging and scary. Recently, there have been changes to the Medicaid program and guidance …

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Upcoming Legal Clinic

Below is a listing for my upcoming elder law legal clinic.  Contact your local Council on Aging for more information and to register. If you miss a program, you may always watch them on your local cable access station or on …

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The Circuit Breaker Tax Credit: A Reason to Possibly Look Forward to Filing Your Tax Return

It is tax season again. You may be dreading it, or figuring you can ignore it because your income is low enough, especially if most of your income comes from Social Security. But, here is a reason to look forward …

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Does Your Power of Attorney Do What You Need it to Do?

Oftentimes at my elder law seminars I ask guests if they have a Durable Power of Attorney. Most people raise their hands. A Power of Attorney is needed to authorize someone to handle all your financial and legal affairs if …

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Make a New Year’s Resolution: Follow Frank and Mary

Frank and Mary are the fictional couple to whom I refer in my elder law seminars. They have the same questions and concerns you and your loved ones have. They also have the same interest you have in making your …

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This Season, Give Something Special and Ask for Something Special in Return

Every year around this time I like to remind people of some basic rules of giving: Gift Tax There is a cap (this year the number is $15,000) on the amount you may give to any one person in one …

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Give Your Spouse a Final Gift: Asset Protection

I often meet with a recently widowed man or woman together with one or more of their children. Typically, I am asked how the surviving parent’s assets can be protected should he or she later need nursing home care. Unfortunately, …

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Planning During the Last Year of Your Life

Thanks to modern technology and medical advances, the chances of detection of a chronic illness are much greater than they were say in the 1970s; the likelihood of living a bit longer and enjoying that extra time also outweighs that …

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