Disability Advocates Prepare for Multiple Attacks on Lifeline Services
Advocates are bracing themselves for a rollback of community-based supports provided to individuals with disabilities. Regardless of your political affiliation, there are currently a number of challenges facing advocates of persons with disabilities in Washington, with several bills and policy changes that threaten the future of persons with disabilities and their families. The purpose of…
Post-Emancipation Support Available Only If Adult Child Is Under Guardianship
The Massachusetts Appeals Court recently clarified the obligation of a non-custodial parent to pay support for an adult disabled child beyond age twenty-three (23). In Vaida v. Vaida (No. 13-P-1827), the Court found that continued support beyond the age of emancipation is not available to adult children who are not incapacitated persons placed under guardianship. By way of…
Developing a Property Under M.G.L. Chapter 40B: What Developers Need to Know
Even the most experienced property developers can find themselves mired down in the complexities of 40B rules. Delays, litigation and opposition can drive up costs and potentially suspend development for an extended period of time – and time is money. Such problems, however, can be avoided not merely by understanding the law, but by effective…
How to Accept and Maintain a Security Deposit Properly from a Residential Tenant
Being a residential landlord in Massachusetts is not easy. There are many pitfalls for the inexperienced and even most experienced landlords. The problem that causes issues for most landlords, which typically comes up when they are trying to evict a tenant for nonpayment of rent or other lease breach, is G.L. c. 186, § 15B,…
Proper Titling of Estate-Plan Assets
Do you jointly or individually own your assets? And have you designated the proper beneficiaries on your retirement accounts and life-insurance policies? When it comes to beneficiaries and the proper titling of assets — identifying upfront who owns those assets, these items must be consistent with your estate-plan documents. CREDIT-SHELTER TRUSTS Let’s say your estate…
Trusts Are an Integral Part of Most Estate Plans
The importance of estate planning to reduce federal estate taxes has been significantly diminished due to recent tax law changes. However, trusts remain an integral part of most families’ estate plans. Here are some of the more important reasons why you should consider employing one or more trusts in your estate plan. REVOCABLE CREDIT SHELTER…
Gifting to Minors: Year-End Options
In making annual gifts to minors, many people often do not want to give a blank check, which the minor can spend on, for instance, fancy clothes. An outright gift of cash is certainly an option, but it also is usually the least attractive one. In 2019, under federal law, you are allowed to make…
Choosing a Trustee: Factors to Consider
A Trustee’s duties include, among other things, prudent investing, carrying out the express terms of the Trust, maintaining a relationship with the beneficiaries, providing annual accounts to the beneficiaries, and tax compliance. Trustees owe a fiduciary duty to the beneficiaries and are therefore subject to potential liabilities to the beneficiaries for failing to carry out…
Three Common Misconceptions About Qualifying for MassHealth Long-Term Care Benefits
An attorney working long enough in any area of the law will inevitably find there are certain misconceptions that many clients have. Here are three misconceptions I come across time and time again in my practice as an elder law attorney. 1. “I can gift $14,000 to my kids each year, and it won’t impact…
