Questions regarding the proper time to make changes to an existing estate plan, will, or trust are very common – and confusing. Some life events create a need for change, and some do not. How do you tell the difference? You can, and should, certainly contact an experienced elder planning attorney who will know which […] The post When To Change A Will first appeared on Ebacher Law - Estate Planning and Elder Law - Massachusetts. The post When To Change A Will appeared first on Ebacher Law - Estate Planning and Elder Law - Massachusetts ..read more

The thought of planning for your own long term care may seem strange. After all, you have a retirement fund, have created a Will and Estate plan and if you have children, hopefully they will help you as you age, right? Those still may not be enough. Here are some realistic situations you may face, […] The post Planning for Long Term Care appeared first on Ebacher Law - Estate Planning and Elder Law - Massachusetts ..read more

When a loved one passes away, families often become hyper focused on who inherits specific items or who will oversee the estate. This creates major problems among loved ones and can drive families apart. It’s a common situation. This worry that heirs will “fight over” the contents of their Will, often leads to the use […] The post The No-Contest Clause in a Will appeared first on Ebacher Law - Estate Planning and Elder Law - Massachusetts ..read more

Nobody wants to think of our parents or other loved ones coming to an age where they can no longer make wise decisions or care for themselves. We often think of our parents as all knowing. For many of us, our parents are the people we contact when we need advice, a safe place to […] The post Signs Your Aging Family Member May Need Help appeared first on Ebacher Law - Estate Planning and Elder Law - Massachusetts ..read more

A basis adjustment also called a step-up in basis has been a cornerstone of many estate plans throughout the years. Let us take a look at what a basis adjustment is, how it works, and some recent news about its possible demise. To begin with, the basis is a tax term and is the amount that someone paid for the property. If that property is later sold, capital gains or losses must be reported. This would be the amount taxed on the difference of the original basis amount as well as the amount of the sales price. However, a basis adjustment occurs when the property is inherited. What I ..read more

Medicare… While most of us do not aspire to spend our golden years in a nursing home, this fate often becomes our reality.   For families in this situation, the question turns to, “how are we going to pay for this?” Many clients believe Medicare will pay for it. The truth is it is complicated. Medicare will only pay for up to 100 days of long-term care after a three-night stay in a hospital.  So, what happens after 100 days?  You either pay privately, or out-of-pocket, or attempt to qualify for Medicaid. Medicaid is the only government needs-based benefit that will pay for ..read more

By. Jason R. Ebacher, Esq.  One of the toughest decisions my clients have when thinking about their wills, powers of attorney, health care proxies and other estate documents is deciding whom to appoint as their agent within those documents. The agent (or executor or personal representative in a will) is the person who acts on your behalf in the event you are unable. For instance, in a power of attorney, the agent will be able to do your banking, file tax returns, hire people to take care of you and even sell your house (if appropriate and if allowed by the document).   Clients ..read more

As with estate planning, divorce is another topic that no one wants to discuss; however, for many of us, it becomes necessary.  If you are separated from your spouse, filing for divorce, or even just contemplating it – you are going to need more than just a divorce attorney.  You need to visit with an estate planning attorney to make some critical changes to your estate plan both before and after the divorce.  There are some changes that can be made before the divorce, such as:   Steps to Take in Divorce View Post If you have signed a Health Care Proxy (HCP) nam ..read more

No one wants to pay any more than they have to. That goes double for when you’re older and you’re balancing living on a budget but also have an eye towards leaving a little something for your heirs so that they’re not stuck footing the bill for your passing. Figuring out how to do both of those while trying to meet the requirements for Medicaid can be tricky.  That’s where I come in.  A burial account is exactly what it sounds like. It is money set aside by you so that your family will have the funds needed to buy a casket, purchase a cemetery plot, pay the mortician and other costs ..read more

I’ve written a lot of these blogs in the past and I always begin with the same phrase, “I know it’s not an easy thing to think of, but …” and yes, this is going to be one of those blogs. One of the most important things that you can do for your family is to make sure that all of your documents are in order. That means your John or Jane Hancock has to be there, otherwise, the people you leave behind will have a lot of red tape to cut through. I recently heard a story about a man who had died suddenly, leaving behind a young adult son.  Like many of us, the man who died had been at a job that h ..read more