Tracy A. Craig

Tracy is a partner in 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© 2021 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

  • Quoted in “Do You Have to Pay Back Medicaid if You Inherit Money?,” Insurance.com, September 8, 2020
  • Quoted in “8 Things You Need for an Estate Plan at Any Age,” U.S. News, September 2, 2020
  • Pet Trusts: Taking care of your pets after you pass away,” On Air with Mirick O’Connell legal podcast (June 30, 2020)
  • "Massachusetts Legislature Passes Remote Notarization Bill,” Mirick O’Connell Client Alert, April 27, 2020
  • The Coronavirus Crisis: Changes to Long-Term Care and Estate Planning,” Mirick O’Connell Client Alert, March 18, 2020
  • Quoted in “Revocable trust vs. will: A guide to estate planning in the age of coronavirus,” Bankrate, April 2020
  • Quoted in “Virus Relief Efforts Gives Rise to New Tax Strategies,” New York Times, April 10, 2020
  • "Proposed Legislation Would Allow Temporary Remote Notarization,” Mirick O’Connell  Client Alert, April 6, 2020
  • "The Coronavirus Crisis: Changes to Long-Term Care and Estate Planning,” Mirick O’Connell Client Alert, March 18, 2020
  • 5 Ways to Incorporate Charitable Giving into Your Estate Plan,” Kiplinger, March 2020 
  • So, You Have an Estate Plan... Now What?,” Kiplinger, November 2019 
  • To Gift or Not to Gift,” Kiplinger, September 2019
  • Quoted in "What Aretha Franklin Got Wrong About Estate Planning (And What You Need to Know)" LegalZoom, July 2019
  • “Nonjudicial Settlement Agreements,” MCLE Presentation, Perfecting Trusts (presenter) (April 2019)
  • Beneficiary Designations: 5 Critical Mistakes to Avoid,” Kiplinger, April 2019 
  • No Children? Why You Still Need an Estate Plan,” Kiplinger, February 2019 
  • "Joint Ownership:  The Good, the Bad and the Ugly," Kiplinger, November 2018
  • Quoted in "Estate Planning: A Family Affair," Kiplinger, November 2018
  • Even Your Pet Needs and Estate Plan,” Kiplinger, September 2018 
  • "Are You Ready for Longevity?  Steps to Take Now." Kiplinger, August 2018 
  • "Should You Give Your House Away?Kiplinger, June 2018 
  • "Is Estate Planning Now Dead?," Kiplinger, May 2018 
  • Quoted in "Estate Planning for Snowbirds," Kiplinger, April 2017
  • Quoted in “An Estate Attorney Says There’s a Member of the Family Missing From Your Will: Your Pet,” Business Insider, November 2016
  • "Yes, You Should Include Your Dog in Your Will," Money Magazine, November 2016 
  • #LoveAndMoney Twitter Chat, September 2016 (guest)
  • Quoted in “Surprising Trials of Passing Down Vacation Homes,” InvestmentNews, August 2016
  • "4 Questions to Ask Before Passing Down the Vacation Home to Your Kids," Money Magazine, July 2016 
  • "What Happens to Your Facebook Account When You Die?" Money Magazine, June 2016 
  • "4 Things You Probably Don't Understand About Estate Taxes," Money Magazine, March 2016 
  • MCLE Regional Estate Planning Conference:  "Cutting Edge Issues in Central Massachusetts," (chair and panelist) (February 2015, February 2016)
  • "3 Good Reasons to Stop Stalling and Get a Prenup," Money Magazine, February 2016 
  • "Estate Planning Checkup: 3 Items to Review Now," Money Magazine, January 2016 
  • "4 Ways Unmarried Couples Living Together Can Protect Themselves," Money Magazine, December 2015 
  • Quoted in "How to Make Sure Your Pet is Cared for When You Die," Money Magazine, November 2015 
  • "5 Ways to Save on Estate Planning Costs," Money Magazine, October 2015
  • Quoted in "Leave a Legacy with Your IRA," Money Magazine, October 2015
  • Quoted in "Trickiest Items to Pass On to Your Heirs," Money Magazine, September 2015
  • "Does Grandpa Need a Prenup?" Money Magazine, August 2015 
  • "Should Clients Avoid Probate? 5 Factors to Consider," Financial Planning Blog, August 2015
  • "5 Estate Planning Tips for Blended Families," Financial Planning Blog, August 2015 
  • "Gifting Assets? 4 Key Issues," Financial Planning Blog, July 2015 
  • "5 Estate Planning Essentials for Newlyweds," Financial Planning Blog, March 2015 
  • "Estate Planning Checklist:  5 Things to Do Now," Financial Planning Blog, January 2015 
  • "5 Financial Documents Every 20-Something Should Have," Financial Planning Blog, December 2014 
  • "What to do with Client Vacation Homes," Financial Planning Blog, September 2014 
  • "Drafting Estate Plans Under the MUTC," MCLE Presentation (July 2014)
  • "Does Your Client Need a Revocable Trust?," Financial Planning Blog, July 2014 
  • “How Can a Revocable Trust Help Protect You and Your Family?,” Today’s Practice, June 2014 
  • Selecting a Trustee? 3 Factors to Consider,” Financial Planning Blog, May 2014 
  • "Non-Judicial Settlement Agreements," Estate and Business Planning Council of Worcester County Seminar (May 2014)
  • "Estate Planning for Pets: 6 Rules," Financial Planning Blog, April 2014 
  • "Estate Planning Update Due?," Financial Planning magazine, March 2014 
  • "New Ways to Change 'Irrevocable Trusts," Financial Planning Blog, March 2014
  • "Include Pet Trusts for Comprehensive Estate Planning" Estate Planning magazineMarch 2014
  • "Love & Marriage: 4 Rules for Client Prenups" Financial Planning Blog, February 2014
  • Quoted in "Smarter Ways to Give to Charity" Kiplinger, February 11, 2014
  • "Estate Plan Revise? 5 Key Questions" Financial Planning Blog, January 2014 
  • "Drafting Simple Will and Trust Clauses," MCLE Basic Practice Manual, Chapter 3, 2014 Supplement (co-author)
  • "Powers and Duties of Conservators and Guardians," MCLE Guardianships and Conservatorships, Chapter 6, 2014 Supplement (co-author)
  • "Charitable Giving: 5 Smart Tips for Clients," Financial Planning Blog, December 12, 2013 
  • Quoted in "Prenups and Estate Planning: Prenuptial Agreements Aren't Just About Protecting Assets in Case of a Divorce," The Wall Street Journal, November 16, 2013
  • "Are Prenups the New Wills," The Wall Street Journal, The News Hub - PM interview, November 15, 2013
  • "Estate Plan Design: 5 Key Questions for Clients," Financial Planning Blog, October 2013
  • "Transferring Your Home to a Revocable Trust," MCLE Presentation, Preserving and Transferring Your Client's Principal Residence Seminar (August 2012 and July 2013)
  • Quoted in "Will Bark for Trust Fund," DuJour Magazine, June 2013
  • "Securing Your Pet's Future with a Trust," Community Advocate, March 2013 
  • Quoted in "Trusts Provide Safety New for Pets," Worcester Telegram & Gazette, February 2013
  • "Drafting Trusts Under the MUTC," MCLE Presentation, Drafting Estate Plans Under the MUPC and MUTC Seminar (January 2013, February 2013)
  • Quoted in "In the Year of the Dog (or Cat): 5 Must-Do's for Your Pet in 2013," The Huffington Post - Huff Post Impact, January 2013
  • Quoted in "Estate Planning to Care for Your Pets," The Wall Street Journal, December 25, 2012
  • "Estate Planning Approaches Precipice of Fiscal Cliff," Massachusetts Lawyers Weekly, December 10, 2012 
  • Quoted in "'Fiscal Cliff' Jacks Up Tax-Planning Pros' Workload," Worcester Business Journal, November 2012
  • Quoted in "Inheritances With a Catch," Private Wealth, November 2012
  • Quoted in "Can An Inheritance Do More Harm Than Good," The Wall Street Journal, SmartMoney blog, September 2012
  • "Guardianship Essentials," MCLE Presentation, New MUPC Guardianship and Conservatorship Update 2012, Seminar, (June 2012)
  • "Drafting Estate Plans Under the New MUPC," MCLE Presentation, (July 2011, August 2011, January 2012, February 2012)
  • Quoted in "Four-legged Legatees," Investment News, February 2012
  • "The MUPC: A Complete Overhaul of Massachusetts Probate Law," Trusts & Estates (online newsletter), January 2012 
  • Quoted in "Uniform Probate Code Delayed to March 31, Massachusetts Lawyers Weekly, December 2011
  • "Lifetime Asset Transfer: Gifts to Children - Outright and in Trust, A Practical Guide to Estate Planning," MCLE 2011 (co-author)
  • "Powers of Guardians and Conservators" Guardianships and Conservatorships in Massachusetts, MCLE, 2009 
  • "Providing Effective Client Guidance" Prep Your Client - Beginning the Estate Planning Process, Aspatore, 2009 
  • "Understanding the Unique Issues of an Estate Planning Practice" Inside the Minds - Estate Planning Strategies, Aspatore, 2009
  • "Article III - Probate of Wills," The New Massachusetts Uniform Probate Code:  An Overview, MCLE, 2009 
  • "Probate and Fiduciary Accounting: Estate Tax Returns," MCLE Presentation, Paralegal Conference (June 2008)
  • "Drafting Simple Wills and Trust Clauses," Massachusetts Basic Practice Manual, MCLE, 2008 (co-author)
  • Quoted in "Five Ways to Prepare for the Unthinkable," Kiplinger's Personal Finance e-newsletter, March 2006
  • Quoted in "There Goes the Romance," Kiplinger's Personal Finance, February 2005
  • "Charitable Split Interest Trusts," MCLE Presentation, Understanding and Using Trusts Seminar (July 2005 and December 2001)
  • Quoted in "Behavior Modification," New England Financial Journal, Fall 2001
  • "Marital Deduction Planning," MCLE Presentation, Understanding and Using Trusts Seminar (May 2001)
  • Quoted in "Unspoiled Little Rich Kids," Kiplinger's Personal Finance, December 2000

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, Donor Stewardship Committee, Nominating Committee, Professional Advisors Network
  • Worcester Art Museum, Corporator, Corporator's Council; Chair Corporator Nominating Committee
  • Massachusetts Bar Association, Probate Law Section
  • Boston Bar Association, Trusts and Estates Section
  • Boston Estate Planning Council
  • ACCREDITED ESTATE PLANNER®

T&E Blog

COVID-19 Funeral Reimbursement Program

Has a loved one passed away due to COVID-19 complications? If so, you may be eligible for a government reimbursement for funeral expenses to assist with funeral services, interment, and cremation.  The assistance is limited to a maximum reimbursement amount …

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Durable Powers of Attorney: What You Should Know

You have worked hard to grow and nurture your assets throughout your lifetime. What happens if, due to illness, hardship, or other difficulty, you are unable to continue to do so? A Durable Power of Attorney answers this question. A …

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Do I Need a Health Care Proxy?

If you have found yourself asking this question, the answer is an emphatic yes. Health Care Proxies are one of the most important documents in your estate plan. So what is it, and why is it so important? A Health …

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Financial Planning for Seniors

This article was authored by elder law attorneys Arthur P. Bergeron and Leah Kofos. To whom do you trust to give your financial planning advice?  Your accountant?  Your kids?  The guy you have coffee with at Dunkin Donuts?  Your lawyer? …

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Extension of 2020 Massachusetts Tax Return Filing and Payment

This article was authored by Allen J. Falke, Tracy A. Craig, and Leah Kofos. Following the recent federal extension for tax filings, Massachusetts has announced that it will extend the filing and payment deadline for individual income tax returns until …

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Extension of 2020 Federal Tax Return Filing and Payment

This article was authored by Allen J. Falke, Tracy A. Craig, and Leah Kofos. The Internal Revenue Service announced yesterday that the federal income tax filing and payment deadline for individuals will be extended until May 17, 2021. This extension …

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A Few Tips for Tax Season

This article was authored by elder law attorneys Arthur P. Bergeron and Leah A. Kofos. I love being at Mirick O’Connell because when my elder clients inevitably call me at this time of year asking tax questions, I can always …

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Planning to Stay Home

Most seniors, like my friends Frank and Mary, hope they can live in their home until they die.  But hope is not a plan. Here are some tips: Make your home safe. The older you get the greater the risk …

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The Planning You Need to Qualify for MassHealth

In previous columns I have explained how, whether you are single or married, you can always qualify for MassHealth at the last minute if you need to.    Knowing that to be true, do you still need to plan ahead?  The …

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Giving it All Away (Or at Least Some of It)

Every December my clients ask whether or not it makes sense to make gifts to their loved ones.  In addition to getting to hear “thank you”, there are several advantages to giving assets away before you die, with few disadvantages.  …

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