Margolis Bloom & D'Agostino Bequest Goes to Neighbor, Not Brother The Hossack family met with several deaths over just a few years. Heather W. Hossack died at age 48 in March 2019. Her father had died three years earlier. Her mother died after her father, but before Heather. Heather did not have children but did have a surviving brother, John A. Hossack. Heather executed a will shortly after her father’s death which included the following provision: I hereby make the following cash bequests: A. The sum of an Baird accounts and any U.S. Trust accounts which I may own at the time of my de ..read more

Margolis Bloom & D'Agostino Webinar: When is Probate Needed and How Does it Work? Abbey Kaelberer and Maria Henry take a deep dive the intricacies of probate, explaining when it’s necessary, which type of probate to file, and the various steps involved. Thursday, April 25th, noon Register here This post Webinar: When is Probate Needed and How Does it Work? first appeared on Margolis Bloom & D'Agostino and is written by Beth Cohen King ..read more

Margolis Bloom & D'Agostino People Leaving the State, How Do We Pay for Elder Care? Two recent articles in The Boston Globe reported on the outmigration of people from Massachusetts, especially those of working age between 25 and 44. According to one article, since the pandemic 110,000 more people have left Massachusetts than have moved into the state. This appears to be largely a reaction to high housing prices and the new ability to work remotely, but also the cost of childcare and time lost in traffic. Since the pandemic, people can keep their jobs and move to more affordable parts of ..read more

Margolis Bloom & D'Agostino Conservator-Created Will Possibly Admitted to Probate In 2017, Paul L. Gresik was appointed as conservator for Jean Olson. In the order appointing Gresik, the court directed that “[a] financial and an estate plan be established for Jean Olson, with the assistance of the [c]onservator ․ and other expert financial/estate planners.” Conservator Signs Will for Protected Person Over several months, Gresik worked with Olson to create a will giving a quarter of her estate to each of Boston Children’s Hospital and the Masonic Lodge of Brockton. Being advised by counsel ..read more

Margolis Bloom & D'Agostino Bill Filed to Repeal Medicaid Estate Recovery! We’ve often written about the unfairness of Medicaid estate recovery, that it strikes those least able to afford it. Now, Representative Jan Schakowsky (D-IL) has introduced “The Stop Unfair Medicaid Recoveries Act” to repeal it. Her bill is supported by California Advocates for Nursing Home Reform, Justice in Aging, the National Academy of Elder Law Attorneys, the National Health Law Program, Consumer Voice for Quality Long-Term Care, and the Western Center on Law & Poverty. What is Medicaid Estate Recovery Th ..read more

Margolis Bloom & D'Agostino 700th Answer Posted on AskHarry.info Harry Margolis has posted his 700th answer to consumer estate, elder law and special needs planning questions on his website, AskHarry.info. Here it is: https://askharry.info/how-should-unmarried-partners-protect-their-home-for-one-another/ Harry has also answered more than 500 other queries that either have not been posted yet or have been turned into articles on MarketWatch (https://www.marketwatch.com/story/what-is-the-best-way-to-leave-my-estate-to-a-non-u-s-citizen-44995fb5?mod=search_headline) or Retirem ..read more

Margolis Bloom & D'Agostino Webinar – Best Law Cases of 2023 Harry Margolis and Jason Swadel do a deep dive into some of the most interesting cases of 2023, including probate, trust and MassHealth cases. Register here This post Webinar – Best Law Cases of 2023 first appeared on Margolis Bloom & D'Agostino and is written by Beth Cohen King ..read more

Margolis Bloom & D'Agostino “Decanting” and Other Means of Amending Irrevocable Trusts Irrevocable trusts by definition can’t be amended, right? And “decanting” is a process of pouring fine wine into a carafe to allow it to “breath” and make sure connoisseurs don’t end up drinking the dregs and sediment that may have settled in the bottle? It turns out that neither is totally true, at least not anymore. “Decanting” is now one of several methods that irrevocable trusts can modify if they no longer satisfy their original purpose. Here’s a primer and a chart to guide the use of one or more o ..read more

Margolis Bloom & D'Agostino Kotlikoff Explains How Social Security Beneficiaries Leave Significant Benefits on the Table Appearing on my new podcast series, Risking Old Age in America, Boston University economics professor Laurence Kotlikoff explains how on average Social Security beneficiaries lose $180,000 in lifetime benefits, most by taking their benefits too early. His newest book, Social Security Horror Stories, relates how the Social Security Administration makes mistakes and gives bad advice, sometimes demanding repayment, or “claw back,” of large amounts that were overpaid due to ..read more

Margolis Bloom & D'Agostino Make Your Charitable Donations Effective: Give in Africa While Sam Bankman-Fried gave the concept of effective altruism a bad name, it’s basic tenet makes some sense — that we, in effect, do a cost-benefit analysis when we make charitable donations. Will our donation move the needle towards achieving our goals, whether ending hunger and homelessness, even the playing field for attending college scholarships, or curing disease? (I get a bit long winded below. If you would like to know the bottom line, I’m inviting you to an informational meeting on the evening o ..read more