What Do You Do with an Unwanted Trustee?

As reflected in the case of Sheehan v. Clapp, the Massachusetts Uniform Trust Code permits the replacement of trustees when all the beneficiaries want a new trustee and the change would not defeat a material purpose of the trust.


2022 Law School for Social Workers

Learn all the law you need to know to work with your older clients and those with disabilities. You’ll also receive four CEU credits. About this event Join Margolis Bloom & D’Agostino at our annual Law School for Social Workers virtually, and learn all the law you need to know


35 Years of Elder Law (and Estate Planning)

It’s very hard to believe, but it’s been 35 years since I hung up a shingle to practice elder law on June 1, 1987. At the time, few people had heard of “elder law” and I wanted to brand the field and the new firm, so I called it ElderLaw Services.

trustee-estate planning

Trustees Beware: Don’t Be a Rubber Stamp

While it’s an honor to be invited to serve as trustee of a trust, it’s also a burden. As the recently decided case of Greenberg v. Greenberg shows, it can create liabilities that lead to litigation that long survives the deaths of the trustees.

Dementia - Margolis-Bloom-D'Agostino-Elder Care

Webinar Recording – Addressing Dementia

Jennifer Pilcher Ph.D, head of Clear Guidance Consulting and Care Management. This program will help you learn how to help your clients and their families detect, evaluate, and approach suspected cognitive impairment.


Should Your Will and Trust have an In Terrorem Clause?

You may have seen provisions in wills and trusts that bar challenges to their validity with a severe penalty: that the heir will receive nothing from the estate. These are known as no contest or in terrorem clauses with the idea being to strike terror into anyone who may challenge the document.

care, long-term-planing, caregiver burden

Caregiver Charged with Murder: A Harbinger of Things to Come?

Karen Wibbeler-Nelson was the primary caregiver for her father-in-law, Andrew Nelson, who died at age 76 in August 2020. By all accounts, the conditions in the house they shared with Karen’s husband and Andrew’s son, Robert Nelson, a friend of theirs, their 16-year-old daughter, and 45 dogs and cats, were deplorable. Andrew died from sepsis resulting from bed sores. Adult protective services had investigated and closed its case four months before Andrew’s death after the house was cleaned of feces left by the animals.


When Naming a Minor as Beneficiary of Your IRA, Use a Trust

About a dozen years ago a woman unexpectedly passed away. She was unmarried and had no children. She had named her nephew, John, as the beneficiary of her IRA. John was five years old at the time of his aunt’s death when the IRA held approximately $1.2 million. Now he’s about to turn 18 and will have access to $3 million.


A Note to Personal Injury Attorneys: Don’t Neglect Settlement Planning

A note to personal injury attorneys: You’ve settled your client’s personal injury case. This likely marks the end of a long and arduous litigation process. While the litigation is behind you, now you must take the next step: helping your clients secure their financial future and ensuring that the funds they receive do not negatively impact eligibility for public benefits.


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