A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse. The balance of this blog assumes there is no such valid and enforceable prenuptial or separation agreement. The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
In the absence of a Will, § 2-102 of the MUPC provides … (0 comments)
abington: Effect Of My Divorce On My Estate Plan? By Abington MA Area Attorney
- 05/03/14 01:56 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website: vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. I am often asked "How does my divorce affect my estate plan?" The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that divorce revoked the provisions in favor of a former spouse in a pre-existing Will (the former spouse was treated as having died first). The net effect was that the former spouse did not inherit directly under … (0 comments)
abington: Abington MA Area Elder Law Attorney: At-Home Care Programs Part 1 of 6
- 05/03/14 01:55 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website: vonweisslaw.com What is the Home Care Program? The Home Care Program is for elders with limited income and with low-to-moderate needs in terms of in-home services. The program also includes respite care for caregivers. Elders are eligible for the Home Care Program if they meet the income criteria detailed below; are not residing in a rest home, nursing facility, convalescent home, or assisted living residence; are not receiving services from an all-inclusive program such as Adult Foster Care (also known … (0 comments)
abington: Abington MA Area Elder Law Attorney: At-Home Care Programs Part 2 of 6
- 05/03/14 01:55 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website: vonweisslaw.com What is the Home and Community Based Frail Elder Waiver (Waiver) Program? Elders who are clinically in need of nursing home care and meet the asset limits detailed below qualify for the Home and Community Based Frail Elder Waiver (Waiver) Program. The Waiver program is funded by MassHealth and provides the following services: skilled nursing, home health aide, housekeeping, laundry, transportation, grocery shopping, meal delivery, and the wander response system. What are the income and asset rules for … (2 comments)
abington: Non-Tax Reasons for Trusts--Abington MA Area Estate Planning Attorney
- 05/03/14 01:54 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website: vonweisslaw.com There are several non-tax reasons for utilizing trusts such as asset protection; avoiding probate; creditor protection; protection for the surviving spouse and children in the event the surviving spouse remarries; control and management of assets for spendthrifts, minors and those disabled; and avoiding ancillary probate for real estate owned in another state. Moreover, living trusts are private (not public) documents and notice of the trust assets and accountings need be given only to the interested parties. Example: Mr. and … (0 comments)
abington: Estate Planning Attorney Abington MA area: Marriage Invalidates Will?
- 01/27/14 09:34 AM
Website: vonweisslaw.com What happens if the will is older than the marriage? The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof." Pretty simple and straightforward, right? Under the new law, things are a bit more complex. Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten … (0 comments)
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA.
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