Lots of people want to avoid probate. That's the court process that a family must go through to distribute anything that was in the decedent's name alone upon her passing. Despite its bad reputation, probate isn't the end of the world. Yes, it's a hassle, and yes, there are hoops to go through, but...
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Do You Really Need a Will?
If you want to have a say in who gets your possessions after you die, then yes. If not, then the "laws of intestacy" govern what happens to an estate when a person dies without a Will.
A typical scenario is one parent dies leaving his spouse and children. Without a Will, anything that was...
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Why Should My Elder Law Attorney Draft My Health Care Proxy? I Have the Form from the Hospital.
Massachusetts hospitals hand patients a two-page Health Care Proxy form that was developed in 1999 and does not accommodate for changes in the law since then or for issues pertinent to elders.
You probably have signed a "HIPAA" form by now at your doctor's office. This form allows the doctor's office to share your confidential information with...
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It Just Got More Expensive to Ignore Your Estate Planning in Massachusetts
As part of your estate planning work, your attorney will prepare a Durable Power of Attorney and Health Care Proxy. These documents are critical to allow another person whom you appoint to legally care for you when you are unable to manage your own affairs, for example, if you are in a car...
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April 16 is National Healthcare Decisions Day – Time to Sign that Health Care Proxy
Who even knew we had a National Healthcare Decisions Day? But what better time to get that Health Care Proxy in order. That’s the document that allows another person to make healthcare decisions for you when you cannot make or communicate them yourself. Without a Health Care Proxy in place, if you can’t...
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Write a Letter of Intent for Your Special Needs Child
So you’ve met with the lawyer and signed all the legal documents needed to ensure that your child will be properly cared for after you are gone. Congratulations, that’s an accomplishment to check off your list. But you’re not quite done.
Sit down and write a “letter of intent” to the people you have...
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“Do Your Documents” Now – and Avoid Guardianship Later
Imagine… you grow older and your memory starts to go. You fall and sustain and injury requiring surgery, and the anesthesia corrupts your mind to the point that you can’t handle finances, make decisions, or even participate meaningfully in your health care. If you didn’t execute a Durable Power of Attorney and Health Care...
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Your Estate Plan Will Work Only if You Tie Up the Loose Ends
Have you set up your estate plan? You signed your will, trust, special needs trust, durable power of attorney, health care proxy, stand-by guardianship for your minor children – it’s a lot of work, congratulations!
One last task before you are done – you MUST remember to change beneficiary listings on your various assets if...
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A Family Only Needs One Special Needs Trust
Have you set up a Special Needs Trust (SNT) to receive your disabled child’s share of your estate when you die? Are there other family members who might also want to leave something to your disabled child, for example grandparents or a doting uncle? Or even non-family members, such as god-parents or very close...
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