brockton: Brockton area MA Estate Planning Atty.--Discretionary Family Allowance - 02/08/14 01:57 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
What is the Discretionary Family Allowance?
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a … (0 comments)

brockton: Brockton area MA Estate Planning Attorney von Weiss: Exempt Property - 02/08/14 01:52 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
What is Exempt Property?
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. 
The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months … (0 comments)

brockton: Non-Tax Reasons for Trusts-Brockton Area Estate Planning Attorney - 02/06/14 07:24 PM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   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 Mrs. Brockton … (0 comments)

brockton: Brockton area MA Estate Planning Atty. B. von Weiss: Will Omits Child - 02/06/14 07:22 PM
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
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or … (0 comments)

brockton: Brockton area MA Estate Planning Attorney B. von Weiss: MUPC § 2-804 - 02/06/14 07:19 PM
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 
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 former spouse did not inherit directly under the Will and any nominations appointing the former spouse were void. 
(0 comments)

brockton: Brockton area Estate Planning Atty. Brigitte von Weiss: MUPC § 2-301 - 02/06/14 07:16 PM
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 
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 § 2-301 of MUPC, if a surviving spouse married the decedent after … (0 comments)

brockton: Brockton area Elder Law Atty. -- Why Some Nursing Homes Mislead Elders - 02/06/14 09:03 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  
Website:  vonweisslaw.com
Why is it that some nursing homes mislead elders about MassHealth (also known as Medicaid)?  Recently, a nursing home told my client (let's call her Mrs. Elder) not to apply for MassHealth (also known as Medicaid) for her husband because if she did apply for MassHealth, the MassHealth agency would put a lien on her house.  This is misleading.  The MassHealth regulations specifically set forth that a MassHealth lien cannot be placed when there is a spouse living in the … (0 comments)

brockton: Brockton area MA Estate Planning Atty. B. von Weiss: Effect of Divorce - 02/06/14 08:30 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  
Website:  vonweisslaw.com 
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 former spouse did not inherit directly under the Will and any nominations appointing the former spouse were void. 
The prior … (0 comments)

brockton: Brockton area MA Estate Planning Atty.-- Disposition of Bodily Remains - 02/06/14 08:27 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  
Website:  vonweisslaw.com 
I am often asked "Should my Will state my wishes regarding my burial and funeral?"
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Before the MUPC, the executor had no authority as to the bodily remains of the decedent. 
Under § 3-701 of the MUPC, the named (named in the Will) personal representative has power to carry out the written instructions of the testator pertaining to the disposition of the bodily remains and other arrangements … (0 comments)

brockton: Brockton area MA Estate Planning Atty. B. von Weiss: Executors, etc. - 02/06/14 08:24 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  
Website:  vonweisslaw.com 
Who can be the personal representive (formerly known as executor)?
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Under the MUPC, the person in charge of the estate of a deceased person is called a “personal representative”.  Before the MUPC, we used the terms "executor"--if a person died with a Will--and "administrator"--if a person died without a Will.
Whether or not there is a Will, § 3-203(a) of the MUPC has a “priority ladder,” … (0 comments)

brockton: Brockton area MA Estate Planning Atty. Brigitte von Weiss: MUPC §2-403 - 01/31/14 09:15 AM
Website:  vonweisslaw.com
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. 
The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death.    
Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of exempt … (0 comments)

brockton: Brockton area MA Estate Planning Atty Brigitte von Weiss: MUPC § 2-404 - 01/31/14 09:08 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.
The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and … (0 comments)

brockton: Brockton Area MA Estate Planning Attorney: When the Will Omits A Child - 01/31/14 08:55 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  
Website:  vonweisslaw.com  
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in … (0 comments)

brockton: Easton MA Estate Planning Atty. von Weiss: Marriage Invalidates Will? - 01/29/14 09:28 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)

brockton: Easton MA Estate Planning Attorney Brigitte von Weiss: MUPC § 2-404 - 01/29/14 09:22 AM
Website:  vonweisslaw.com
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and "minor children whom the decedent was obligated to support and children  who were in fact being supported by the decedent."  
Unless … (0 comments)

 
Brigitte von Weiss (an Expertise in Estate Planning and Elder Law )

Brigitte von Weiss

Easton, MA

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