Contemplating the possibility of future incapacitation might lead you to sit down with a Massachusetts elder lawyer to discuss tools like a health care proxy or a living will. Is There a Difference? Occasionally, people outside of the legal profession might refer to these documents as one and the same, but there are some important… Read More »
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What Is Undue Influence?
Anyone crafting an estate plan has a vital stake and interest in limiting the possibility of future conflicts over the validity of the documents created. Understanding the laws that enable someone to start a validity claim case is the first step. One of the most common reasons to initiate a will or trust contest in… Read More »
What Will Long Term Care Cost Me in Massachusetts?
Some people are mistakenly under the impression that Medicare covers long term care services. Medicare does not pay for the vast majority of services under the umbrella of long term care. This includes custodial care, which is the vast majority of LTC services. Custodial care steps in when a person needs help with eating, walking,… Read More »
What is Testacy in Massachusetts?
Source: https://www.mass.gov/files/documents/2016/08/vb/mupc-procedural-guide.pdf After a loved one has passed away, you might have an important role to play if you have been appointed as a trustee or representative in the estate administration process. Many people appointed into such a role will retain an experienced probate lawyer to help them with the requirements of estate administration and… Read More »
Who Should Hire an Elder Law Attorney?
It’s a common misconception that you don’t need an elder law lawyer until after retirement. Like all good planning, it’s wise to invest time and energy into planning upfront so that your only ongoing concerns are updates if your life requires changes to your elder law documents. Elder law issues can be very complex, and… Read More »
Tips for Rescinding A Power of Attorney in Massachusetts
If you have previously established a power of attorney in Massachusetts, naming someone else as an agent and wishing to update this, it’s recommended that you do so under the guidance of an experienced attorney. You have the right to rescind your Massachusetts power of attorney document at any point in time, so long as… Read More »
What Is the Burden of Proof When Challenging A Will or Trust in Massachusetts?
There are not many situations in which an individual could have grounds to challenge a will or trust in Massachusetts. However, as a person putting together your estate planning documents and planning ahead, it is important to understand the steps that you can take with the help of your attorney to decrease the chances of… Read More »
What Is Advanced Care Planning in Massachusetts?
Advanced care planning refers to different strategies and steps that you can take to ensure that the medical care you receive, if you are unable to make these decisions for yourself, is still available to you. While it is certainly important to speak with trusted loved ones and family about your goals and values for… Read More »
Does an Estate Always Have to Be Probated in Massachusetts?
Many people are confused about the different laws that might apply to a Massachusetts estate. This has relevance for you as an individual, and also for loved ones who are stepping in to handle the administration or probate of a loved one’s estate. What is Massachusetts Probate? Probate in Massachusetts refers to the formal process… Read More »
What Happens if I Never Update My Massachusetts Will After a New Marriage?
The Massachusetts Supreme Judicial Court’s recent ruling in the case Ciani v. McGrath, highlights an important issue regarding updating a will when the creator fails to update a years-old document. In that particular case, a now-deceased individual had married a second time after his first wife had passed away. However, the original will, which provided… Read More »