randolph ma: Non-Tax Reasons for Trusts: Randolph MA Area Estate Planning Attorney
- 10/11/14 07:55 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website: vonweisslaw.com 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)
randolph ma: Randolph MA Area Estate Planning Atty. B. von Weiss: Effect of Divorce
- 04/06/14 07:14 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 … (0 comments)
randolph ma: Randolph MA Area Atty: What do I get if my spouse dies without a Will?
- 04/06/14 07:10 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 do I get if my spouse dies without a Will? 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 that … (0 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)
randolph ma: Randolph MA Area Elder Law Attorney: In-Home Care Programs Part 1 of 6
- 03/29/14 10:17 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)
randolph ma: Randolph area MA Elder Law: Why Some Nursing Homes Mislead Elders
- 02/02/14 08:36 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)
randolph ma: Estate Planning Atty. Randolph MA area: Does Marriage Invalidate Will?
- 01/27/14 06:26 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)
randolph ma: Randolph area MA Estate Planning Atty. B. von Weiss--Will Omits Child
- 01/23/14 11:12 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)
randolph ma: Randolph area estate planning attorney Brigitte von Weiss: MUPC §2-403
- 01/22/14 10:04 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)
randolph ma: Randolph MA area: Why Some Nursing Homes Mislead Elders re: MassHealth
- 01/22/14 09:57 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)
randolph ma: Randolph area Atty B. von Weiss--When A Child Is Omitted From the Will
- 01/22/14 09:36 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)
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. 
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