The term “Fiduciary” defines anyone who acts on behalf of another. The simplest fiduciary is an “agent,” often appointed under a Power of Attorney. But other agents are appointed by court (guardians, conservators, administrators, and personal representatives) or by written agreement (health care proxies and trustees). Since one purpose of estate and long-term care planning… Read More »
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A 2015 New Year’s Resolution – Finally Get Your Estate Plan Done
It’s that time of year again – time to make your New Year’s resolutions! Consider doing or updating your estate plan as a New Year’s resolution for 2015. Here are the reasons why you should get your estate planning done this year. Why should you do an estate plan? 1) Probate Avoidance: With no estate… Read More »
MEDICARE BENEFIT FOR SKILLED NURSING CARE CAN CONTINUE EVEN AFTER “PLATEAU”
Medicare pays for the first 90 days of hospitalization for a single benefit period (either a single hospitalization or a series of hospitalizations for the same illness). 42 U.S.C. §1395d. Medicare beneficiaries are entitled to an additional 60 “lifetime reserve” days which can be used only once in a lifetime to cover any additional days…. Read More »
Understanding a Pour-Over Will
A Pour-Over Will is a type of Will that directs your assets to a trust that is separate from the Will. The reason for “pouring” assets from the Will over to a trust is so that the trust will direct what happens with your assets. Having your trust control the assets provides for potential tax… Read More »
‘One-Stop Shopping’…The Estate Planner’s Way
My clients will tell you that I love the idea of ‘one-stop shopping’. So, how does ‘one-stop shopping’ tie in with estate planning? One of the major reasons for doing an estate plan is to make things as efficient and as smooth as possible if you should become incapacitated and upon passing. Having the proper… Read More »
NAELA News October/November 2013
Legacies By William J. Brisk, CELA When you help clients define their own legacies, you can learn about the legacies you want to leave behind. We strive, as Elder Law attorneys, to enhance clients’ security and comfort. We also seek to maximize their autonomy. And, we work to see that their needs are met efficiently… Read More »
New Year Resolutions For Any Time Of The Year: Do or Update Your Estate Plan
Doing or updating your estate plan should be one of the things on your list no matter what time of year it is. Why though? This article will describe the many reasons for adding this as one of your todos for 2013. Why should you do an estate plan? 1) Probate Avoidance: With no estate… Read More »
Some Implications for Co-Ownership of Real Property from an Estate Planning Perspective
It may sound like a great idea to trans- fer your home or vacation home to your children’s names so that the property isn’t subject to Medicaid or estate taxes. But before you do this, it is important to sit down and really think it out. Are there any pitfalls in doing this? Is there… Read More »
Why is Doing a Will Important ?
Intestacy and the New Massachusetts Uniform Probate Code By Tiffany A. O’Connell, Esq., LLM With the full enactment of the Massachusetts Uniform Probate Code (MUPC), G.L. c. 190B, on March 31, 2012, the legal community has been abuzz with how to administer estates under the new law . The MUPC was enacted i n order… Read More »
Funding Your Client’s Publicly Traded Stocks, Bonds and Investment Accounts
This article is a continuation of a series of “how tos” for funding various types of assets. The scope of this article will review how to fund publicly traded stocks, bonds and investment accounts to a client’s revocable living trust. Stock If your client has a stock certificate, the stock can be transferred to the… Read More »