When a loved one needs assistance managing their affairs, conservatorship may be necessary. However, many people don’t realize there are different types of conservatorships designed to address varying needs and situations. Two important options to understand are single transaction conservatorships and permanent conservatorships. What is a Conservatorship? A conservatorship is a legal arrangement where a...
The Concept A testamentary supplemental needs trust (SNT) is a specialized legal arrangement created within a person’s will that takes effect after they pass away. Unlike standard trusts, these are specifically designed for beneficiaries with disabilities or special needs who rely on government assistance programs like Medicaid or Supplemental Security Income (SSI). The fundamental concept...
You just met with your lawyer and signed your living trust. Good job! But your work is not done yet. Unlike a Will which, after it is signed, can be stored away until needed, there are several important steps you need to take next with your trust. Think of signing the trust like buying a...
Did you know that when someone dies owning a home in Massachusetts, the Commonwealth of Massachusetts puts an Estate Tax lien on that home? What is an Estate Tax Lien? A lien is a legal claim that says “you need to pay us before you can sell this house.” The Massachusetts Estate Tax lien arises...
For many Massachusetts residents, their home represents their most valuable asset and a legacy they hope to pass on to future generations. However, when applying for Massachusetts’ Medicaid program (MassHealth) to cover long-term care costs, many are surprised to learn that their home may be at risk due to a potential MassHealth’s lien or estate...
Estate planning is crucial for everyone, but for members of the LGBTQ+ community, it carries additional significance and complexity. Despite important legal victories like marriage equality, many LGBTQ+ individuals and couples still face unique challenges when it comes to protecting their assets, healthcare decisions, and ensuring their wishes are respected. Why Estate Planning Is Particularly...
When preparing an estate plan, we recommend that clients execute both a Health Care Proxy and an Authorization for Release of Protected Health Information (a “HIPAA Authorization”). While there is some overlap between the two, it is important to understand the purpose of each document and how and when they can be used. Example Joan...
Guardianship and conservatorship involve removing fundamental rights from an individual—the right to make decisions about one’s own healthcare, living arrangements, and/or financial affairs. Courts do not take these petitions lightly and require substantial evidence that such intervention is necessary. What a Medical Certificate is When a client contacts us regarding a guardianship and/or conservatorship for...
When most people hear the term “trust,” they immediately picture wealthy families with vast estates and complex financial portfolios. This common misconception leads many to dismiss trusts as irrelevant to their own financial planning. However, revocable living trusts offer significant benefits for people across all income levels and life situations. What Is a Revocable Trust?...
Massachusetts recently passed legislation regarding Accessory Dwelling Units (ADUs), creating new opportunities for homeowners and families across the state. This change represents a significant shift in housing policy that could help address multiple challenges facing communities today. What Are ADUs and What Does the New Law Allow? Accessory Dwelling Units, commonly known as ADUs, are...
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