In Massachusetts, if a person passes away without a will (intestate) and has no surviving heirs, the estate may follow a specific legal process. Here’s what typically happens in such a situation: Escheat to the State: When an individual dies without a will (intestate) and has no surviving heirs, the estate is said to “escheat” to the state of Massachusetts. This means the state becomes the legal owner of the deceased person’s assets. Public Administrator: In some cases, the state may appoint a public administrator or similar official to oversee the process of handling the deceased person’s e ..read more

A life estate is a legal arrangement that grants an individual, known as the “life tenant,” the right to live in and use a property for the duration of their lifetime or the lifetime of another specified person, called the “remainderman.” In Massachusetts, as in many other states, a life estate can have implications for inheritance. What is a Life Estate in Massachusetts? Ownership Structure: When a property is held under a life estate, it essentially has two owners with different rights. The life tenant has the right to occupy and use the property during their lifetime, while the remainder ..read more

The Older Americans Act (OAA) is a federal legislation in the United States that was first enacted in 1965 and has since been reauthorized multiple times. This act addresses the needs and concerns of older adults, typically sixty and above, to promote their well-being, independence, and quality of life. Key components and objectives of the Older Americans Act are: Nutrition Services: The OAA funds programs such as Meals on Wheels, which delivers nutritious balanced meals to homebound seniors, and congregate meal programs at senior centers. The goal is to ensure that older adults can access b ..read more

In Massachusetts, when making decisions for individuals who cannot manage their personal and financial affairs for various reasons, two legal mechanisms come into play: guardianship and conservatorship. While both have a similar purpose, they have distinct differences in scope and responsibilities. Let’s look at the differences between guardianship and conservatorship in Massachusetts. What Is Guardianship? Guardianship is a legal arrangement that authorizes an individual, known as the guardian, to make decisions regarding the personal and healthcare needs of an incapacitated person, known as ..read more

As young adults pass into independence and adulthood, they often encounter various responsibilities and decisions that their parents or guardians previously handled. One critical aspect of adulthood is managing personal health and medical information. In Massachusetts and across the United States, the Health Insurance Portability and Accountability Act (HIPAA) regulates the privacy and security of healthcare information. A HIPAA release, particularly for young adults, is an essential document that empowers them to maintain control over their medical records and make informed decisions about t ..read more

Planning for the inevitable is a crucial aspect of life, and estate planning plays a pivotal role in ensuring your assets are distributed per your wishes after your passing. In Massachusetts, as in many other states, individuals have two primary options for managing their estate: dying intestate (without a will) or testate (with a will). These two approaches have significant differences in the distribution of assets and the legal process involved. This article will explore the distinctions between dying intestate and testate in Massachusetts. What Does It Mean to Die Intestate in Massachuset ..read more

Planning your estate is about distributing assets and confirming that your loved ones are taken care of in the best possible way. Sometimes, you may be concerned about a beneficiary who may not have the financial discipline to handle a substantial inheritance responsibly. In such cases, Massachusetts offers various estate planning strategies to protect and provide for that individual while safeguarding their inheritance. Let’s look at how you can utilize an estate plan to provide for someone you feel won’t manage their inheritance wisely. Create a Trust Establishing a trust can effectively pr ..read more

Acquiring a diagnosis of Alzheimer’s disease can be overwhelming, both for the person diagnosed and their loved ones. While the journey ahead may seem uncertain, it is important to take proactive steps to ensure that your needs will be met in the future. Planning early can significantly improve your quality of life and reduce the burden on your family. In this article, we will explore what a person newly diagnosed with Alzheimer’s disease can do to prepare for the future. Seek Professional Guidance Upon receiving an Alzheimer’s diagnosis, it’s essential to consult with medical professionals ..read more

Probate is the legal process through which a person’s estate is administered, and their assets are distributed in accordance with the law. Probate can be a complicated and lengthy procedure, but understanding how it works can help you navigate it more effectively. In this article, we will provide you with a guide on how probate works in Massachusetts.  Probate Basics in Massachusetts  Initiating Probate: Probate typically begins with filing a Petition for Probate in the appropriate Massachusetts Probate and Family Court.  The Person Who Initiates the Process: This person is ..read more

When planning for the future of a loved one with special needs, understanding the intricacies of financial tools is crucial. In Massachusetts, two common options for providing financial support are Special Needs Trusts (SNTs) and Supplemental Needs Trusts (SNTs). While both serve to safeguard the financial well-being of individuals with special needs, they differ in certain key aspects.  What Is A Special Needs Trust (First-Party SNT)? A Special Needs Trust, or First-Party Trust, is typically established using the assets of the individual with special needs. This trust is often utilized ..read more