After a loved one dies, as a beneficiary of their estate, grief and loss is your primary concern. However, as you work through that process, your rights in that loved one’s estate become clearer. And, in the aftermath of a loved one’s passing, the executor holds a pivotal role in executing their wishes as per the will. But, what if they deviate from these instructions? Or, what if you think they are simply not doing their job? The executor’s duties An executor, or personal representative, bears the weighty responsibility of overseeing the deceased’s estate. This encompasses asset consolidation ..read more

As we age, our chances of needing some sort of long-term care increases. Yet far too many people turn a blind eye to this potentiality, which could be a costly mistake. If you want to avoid losing significant assets to your long-term care provider and putting your loved ones in a difficult position where they have to scramble to figure out how to provide you with care, then you need to engage in effective planning. While you’ll certainly want to think of ways to secure the financial resources you need to cover your long-term care costs, you’ll also want to consider what type of care you want ..read more

It’s common for employers to offer a retirement plan as part of their benefits package to attract employees, but many employers do not provide these plans at all, or only to certain employees. in fact, nearly 50% of American workers who are employed in private industry do not have an employer-sponsored retirement plan. These workers must rely on their own savings and/or Social Security benefits when they retire. According to some reports, more than 1 million Massachusetts workers are in this situation. Typically, these sources are not nearly enough to pay for essentials throughout retirement ..read more

If you’re like most Massachusetts residents, nursing home planning is crucial in order to have resources you will need to pay for your long-term care one day. The majority of older individuals end up requiring some sort of long-term care. If you don’t adequately plan, then your assets can be drained, not only leaving you without the resources to pay for your care, but also without the assets you want to leave to your loved ones. And inadequate planning can leave your loved ones in a difficult position. That’s why we want to devote the rest of this blog post to how inadequate planning can affec ..read more

In Massachusetts, as in most other states, a person’s will is supposed to settle all questions about the disposition of the maker’s assets. In some situations, however, a will can create conflict instead of eliminating it. If a relative of the decedent feels unfairly excluded from the bequests in the will, or if a potential beneficiary feels that the decedent was subject to undue influence and favored one possible heir over another, a lawsuit – usually called a “will contest” – may be the result. Grounds for challenging a will A will contest may be commenced by any heir named in the will, any ..read more

Nursing home and other forms of long-term care are extremely costly. If you’re not careful in planning for how to pay for this care, then your estate can quickly erode, eating away at the wealth that’s taken you decades to build. This, in turn, can rob your loved ones of the inheritance you wanted for them, and the inheritance that they expected. You might be thinking that you’re not going to need nursing home or other long-term care, but statistics aren’t in your favor. In fact, some studies show that 60% or more of people who live to the age of 65 end up needing long-term care at some point ..read more

Those who read this legal blog regularly likely know about probate. For the uninitiated, probate is the legal process of settling an individual’s estate after death. It often poses challenges, such as time delays, expenses and the loss of privacy. As a result, Massachusetts residents frequently engage in estate planning to sidestep the probate process and ensure a smoother transition of assets to their heirs. And, in this post, we explore the reasons behind this preference and outline various methods available for estate planning in the state. Why avoid probate? Probate involves validating a w ..read more

If you are a young adult in Massachusetts, estate planning might not be high on your priority list. However, overlooking this crucial aspect can have significant consequences for you and your loved ones. Estate planning goes beyond distributing assets. It ensures your wishes are respected and your loved ones are protected in the event of unexpected incapacity or death. Do young adults really need to plan their estates? Yes. Even for young adults, there are several reasons that make estate planning crucial. First, regardless of property value, assets like a car, laptop or even a pet may need di ..read more

Many elderly people who need long-term care are concerned about the cost. When they are approved for MassHealth – the state version of Medicaid – it is a relief. However, receiving MassHealth coverage does not fully protect their property after they are gone. Understanding estate recovery and its exceptions In the practice of estate recovery, some MassHealth recipients are required to have their estates pay back the state and federal government for services they received. This is limited to people who are at least 55 and anyone who uses the program for long-term nursing home care or is placed ..read more

It is never easy to address the needs of an incapacitated or ill loved one. For Massachusetts residents who are faced with this issue, it is important to be aware not just of how to provide them with the medical care and assistance for daily living they might need, but how to legally oversee their affairs. This is often categorized as caring for elderly parents, grandparents and other relatives. It can, however, apply to anyone. A guardianship is a way for a person to be responsible for another person if they cannot do it themselves. It is for someone who is deemed incapacitated, meaning they ..read more