easton: Easton MA Attorney: Can You Disinherit Your Spouse Under MA Law?
- 05/01/14 11:34 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 if there is a Will, but the surviving spouse was left nothing or a token amount? Under Massachusetts law, can you disinherit your spouse?
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. Under Massachusetts law, a surviving spouse has the right to waive … (0 comments)
easton: Non-Tax Reasons for Trusts: Easton MA Estate Planning Attorney
- 05/01/14 11:33 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 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 … (1 comments)
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 … (0 comments)
easton: Easton MA Elder Law Attorney von Weiss: In-Home Care Programs Part 3
- 03/30/14 08:08 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website: vonweisslaw.com What is the Adult Foster Care (also called Adult Family Care) Program? Adult Foster Care (also called Adult Family Care) is a program that enables elders who cannot live alone safely to have a live-in caregiver. The services to the elder also include meal preparation, assistance with personal care and medication, shopping, laundry, housekeeping, transportation to medical appointment and social visits, and maintaining a clean and safe living space.
The live-in caregiver receives a non-taxable stipend of up … (0 comments)
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 … (0 comments)
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 … (0 comments)
easton: Easton MA Estate Planning Attorney B. von Weiss: Effect of Divorce
- 02/04/14 08:28 PM
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 law was sometimes problematic. For example, under the old law, the stepchildren potentially could inherit (even though the former spouse … (0 comments)
easton: Easton MA Estate Planning Attorney Brigitte von Weiss: MUPC § 2-403
- 01/29/14 09:35 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)
easton: Easton MA Estate Planning Atty. B. von Weiss: When Will Omits A Child
- 01/28/14 07:59 PM
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 certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was … (0 comments)
easton: Easton MA Estate Planning Attorney Brigitte von Weiss: MUPC § 2-302
- 01/27/14 06:42 AM
What happens when a child is omitted from the parent's Will? 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 certain circumstances) was "provided for by the testator during … (0 comments)
easton: Why Some Nursing Homes Mislead Elders About MassHealth (Medicaid)?
- 01/26/14 02:51 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)
easton: Easton Atty. Brigitte von Weiss: When a Child is Omitted from the Will
- 01/19/14 11:52 PM
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 certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was … (0 comments)
easton: Why Do Some Nursing Homes Mislead Elders About MassHealth (Medicaid)?
- 01/18/14 09:36 PM
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)
easton: By Easton MA Estate Planning Attorney Brigitte von Weiss: MUPC § 2-404
- 01/15/14 07:43 PM
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." … (0 comments)
easton: Marriage invalidates a will? By Easton MA Attorney Brigitte von Weiss
- 01/02/14 12:59 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 … (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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