Two end of year developments in the area of disability planning – expansion of eligibility for ABLE accounts and new regulation to pooled disability trusts.
The case of Gallagher v. South Shore Hospital establishes the primacy of the health care agent in making medical decisions and the necessity of officials to follow the procedures set out in the elder protective services statute.
Meet one of our attorneys, Sarah Henry.
The challenge to the trustee of trust for Aaron Hernandez’s daughter highlights the difficulties that may arise regarding trustee discretion.
ABLE accounts expanded to include individuals who became disabled before age 46. Gov. Baker’s last act: transfer penalty for pooled disability trusts after age 65.
In the Matter of Leo Kahn Revocable Trust, the Massachusetts Appeals Court finds ambiguity as to whether trustee removal under the Uniform Trust Code is “for cause” or “without cause.”
For many grandparents, the decision of where to live in retirement is most influenced by where their grandchildren life, as well as their need for child care.
Where to live in retirement may well be a two-step process, with one location in early retirement when you are healthy and independent, and another later on when you may need assistance.
The SSI Savings Penalty Elimination Act would raise the asset limit for Supplemental Security Income from $2,000 to $10,000, relieving a huge encumbrance to the success of the program.
Many on-line resources provide guidance on the best places to retire, but try out your pick before making your move.
Planning steps to mitigate the new millionaires tax in Massachusetts include spreading out income, 1031 exchange and moving out-of-state.
President Biden turning 80 raises the question of whether our presidents and congressional leaders should be octogenerians.
The Center for Medicare Advocacy in Johnson, et al. v. Bercerra sues Health and Human Services to force Medicare coverage of home health as required by Medicare law.
Professional trustees provide extensive benefits to trusts, including investment management, accounting, tax expertise, public benefits expertise and judgment based on experience.
We note the passing of two significant figures in the areas of disability rights and aging, Lois Curtis, the name plaintiff in the landmark Supreme Court case, Olmstead v. L.C., and Jane Gross, who wrote the New Old Age blog for The New York Times.
MassHealth’s notice of lien gave notice to daughter that deed to her by mother left out part of the property. MassHealth removed its lien after evidence of the mistake was presented, including a scrivener’s affidavit.
2023 retirement plan contribution limits and Medicaid (MassHealth) community spouse protection numbers released.
Simmons v. Baker lawsuit alleges failure of Massachusetts to provide necessary supports for people with disabilities and mental illness to move from nursing homes to the community violates the Americans with Disabilities and Medicaid Acts.
A true calculation of how capital gains are calculated shows that the Fair Share Amendment would result in extra taxes for very few sellers of homes in Massachusetts.
The latest statistics predict that more than half of Baby Boomer will require long-term care. The absolute numbers of seniors needing care will almost double from the number today. But already there’s a shortage of home health aides and nursing home beds.
The 2023 COLA adjustments to Social Security and estate and gift tax thresholds will be the biggest in half a century.
Join Lori Howell, Owner of Howell Medicare Advisors, LLC, as she discusses how individuals can best navigate the maze of Medicare rules and options.
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.
Natixis retirement index ranks the United States low on financial security. As a result, Baby Boomers should keep working as long as possible.
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
Boston Foundation report highlights coming crisis in caregiving. We need to act now to improve working conditions for caregivers and prepare for the coming deluge of Baby Boomers needing care.
When family members become caregivers, they need to put the arrangement in writing, especially if they are seeking compensation for their sacrifice.
When extended families move in together they can use Margolis Bloom & D”Agostino’s Cohab Workbook for Families to avoid future disagreements.
While it can make sense for a will to direct that all estate property be sold and the proceeds distributed, it can also result in higher capital gains taxes for the beneficiaries.
Massachusetts fails to pass legislation increasing its estate tax threshold from $1 million to $2 million
In the case of Barbetti v. Stempniewicz, the Massachusetts Supreme Judicial Court rules that a specific power of attorney did not allow the creation of a revocable trust, but chose not to address the question of whether such a power may be created, leaving that to the legislature to decide.
While a recent decision in the case of Paul A. DeVico, et al. v. Annmarie Sullivan (Mass. App. Ct., No. 21-P-779, June 1, 2022) deals only with whether it is time-barred due to the statute of limitations, it involves an issue that often arises in the realm of Medicaid planning.
The Massachusetts legislature is poised to increase the estate tax threshold from $1 million to $2 million.
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.
Join Mark Gilfix of Gilfix & La Poll in Palo Alto, California, a national expert on the nexus of cryptocurrency and estate planning as he explains what Crypto and NFTs are all about and what they can mean for your estate. View Here
Surviving spouses may “elect” against the will to receive their spousal share rather than what the deceased spouse left them. The Massachusetts SJC rules that this creates an interest in real estate allowing the surviving spouse to file for its partition.
A challenge to a trust provision conditioning inheritance on divorce fails, but raises questions (at least for this writer) about the judicial concept of “contrary to public policy.”
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.
The standard for capacity to sign a TOD designation is a bit higher than that for a will because it is considered a contract.
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.
A Massachusetts estate planning attorney was recently disciplined by the Massachusetts Board of Bar Overseers for reaching out to a client’s daughter when the client called to ask that her will to be changed to give her house, which was the only significant asset in her estate, to charity, rather than have it pass to her daughter and granddaughters.
Harry S. Margolis reviews elder law cases from 2021 and 2022, diving into the good, the bad and the ugly. Learn what went well and what went wrong.Thursday, April 28th at noon. Register Here
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.
Couples getting together later in life is far from unusual, but problems often arise if they don’t talk about expectations in advance. Here are some questions they should ask and answer.
In the case of DiCienzo, et al. v. Pizziferri (Mass. Land Court, No. 18 MISC 000418 (KTS), March 17, 2022), the Land Court sets aside the deed signed by the trustee of a realty trust while she was under guardianship.
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.
In this discussion with Tricia C. D’Agostino she answers your pressing legal questions about estate and long-term care planning.
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.
In the case of AFLAC v. Joann Parker, the Massachusetts SJC rules that divorced spouse has no right to life insurance policy
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.
Meet Christel Verstraelen, a legal assistant at Margolis Bloom & D’Agostino.
In Dermody v. Health and Human Services, the Massachusetts Supreme Judicial Court decides MassHealth is entitled to payment from community spouse annuities for benefits paid on behalf of nursing home spouses.
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Meet Christel Verstraelen, a legal assistant at Margolis Bloom & D’Agostino.
