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
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.
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.
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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.”
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.
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.
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.
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: 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.
Chouinard family contribution of Patagonia to purpose trust and nonprofit highlights recent change in trust laws.