mansfield ma estate planning lawyer: Non-Tax Reasons for Trusts: Mansfield MA Area Estate Planning Attorney
- 05/01/14 03:47 AM
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.
Website: vonweisslaw.com What is the Program for All-Inclusive Care for the Elderly (PACE)? Program for All-Inclusive Care for the Elderly (PACE) is a nationwide model of care designed to help elders stay living in the community (instead of in nursing homes) as long as possible. A team of health professionals assesses each elder's needs and develops a plan of total care. Services are in the elder's home, adult day health center or an assisted living facility. The PACE program … (0 comments)
mansfield ma estate planning lawyer: Mansfield area MA Estate Planning Attorney von Weiss: Executors, etc.
- 02/04/14 10:07 PM
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,” which establishes who has priority to be appointed as the personal representative. Generally, the order is as follows: (1) the … (0 comments)
mansfield ma estate planning lawyer: Mansfield Area Atty. von Weiss: When a Child is Omitted from the Will
- 01/21/14 09:39 AM
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 intentional … (0 comments)
mansfield ma estate planning lawyer: Mansfield Area Estate Planning Atty. Brigitte von Weiss: MUPC § 2-404
- 01/21/14 09:17 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)
mansfield ma estate planning lawyer: Mansfield Area Atty. Brigitte von Weiss: Marriage Invalidates a Will?
- 01/21/14 09:07 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 Easton MA estate planning and elder law attorney. 
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