Let’s begin with a definition: Probate, in general, is the process of validating a will (if there is one), identifying the decedent’s assets, and authorizing a personal representative to distribute these assets according to Massachusetts law. The process takes about a year, although in situations involving complex estates, family infighting, or disputes...
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How PACE Helps Elders Reside at Home for as Long as Possible
As most of you know, I am committed to helping elders live at home for as long as possible. My last two articles have focused on MassHealth programs that help elders accomplish this goal. You can find these articles here. Now I’d like to discuss another option: PACE (Program...
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Two More MassHealth Programs that Help Elders Avoid Moving to a Nursing Home
As you know by now, my goal is to help elders stay at home for as long as possible. For most people, their own financial resources are not enough, and we supplement those with MassHealth (or sometimes the VA). Under the MassHealth umbrella, there are several programs that can...
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How the Frail Elder Waiver Helps Elders Avoid Having to Move to a Nursing Home
As many of you know, I am dedicated to helping elders reside at home for as long as possible. The Frail Elder Waiver (FEW) is one of the MassHealth programs that helps seniors accomplish this.FEW provides support to eligible elders 60 years of age or older whose needs meet the level of...
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Why You Might Want to Consider a Corporate or Private Trustee
In my last article I discussed some of the factors to consider when choosing a trustee for your irrevocable trust. Now I’d like to elaborate on two options you might want to consider if you don’t know anyone you’d trust to fill this crucial role: a corporate trustee and a...
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Choosing a Trustee for Your Irrevocable Trust
As I discussed in a recent article, irrevocable trusts are highly effective tools for protecting assets from the cost of long-term care. That’s because assets in an irrevocable trust are not available to the grantor (the person whose assets are in the trust). Instead, the assets are controlled by...
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Mayday, Mayday, be on the Lookout: Incidents of Fraud have Risen Dramatically!
I recently came across an article from AARP about the rising number of scams and other forms of fraud being perpetrated nationwide. Here is a synopsis of this troubling article, along with a few links. Let’s begin with some numbers. According to the Federal Trade Commission, Americans reported losing a record $10 billion...
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Why Would Someone Want an “Irrevocable” Trust?
An irrevocable trust can’t be modified or terminated except under certain very limited circumstances. This type of trust requires the grantor (the person for whom the trust is created) to transfer assets into the trust and give up his or her rights of ownership to those assets. So why would anyone want...
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What the Heck Is Elder Law Anyway?
When people ask me what I do for a living, and I tell them I’m an elder law attorney, the usual reaction is a blank stare, a long pause, and something like “hmm, that’s … interesting.”This response is not surprising. While many people have heard of estate planning (which, of course, I...
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The Potential Pitfalls of “Advancing” an Inheritance to Adult Children
At one time or another many parents entertain the notion of giving money “early” to adult children… in effect, “making an advance” on their children’s inheritance. While this seems like a generous and noble gesture, it may not be such a great idea. Here’s why.Let’s say one of your children could use...
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