stoughton ma: Stoughton MA Area Atty.-- Can You Disinherit Your Spouse Under MA Law? - 05/01/14 04:02 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 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)

stoughton ma: Stoughton MA Area -- What do I get if my spouse dies without a Will? - 05/01/14 04:01 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 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 … (0 comments)

stoughton ma: Marriage Invalidates Will? By Stoughton MA Area Atty. B. von Weiss - 05/01/14 04:00 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 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 … (0 comments)

stoughton ma: Non-Tax Reasons for Trusts: Stoughton MA Area Estate Planning Attorney - 05/01/14 04:00 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. … (0 comments)

stoughton ma: Stoughton MA Area Elder Law Attorney In-Home Care Programs Part 3 of 6 - 03/23/14 09:42 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 … (0 comments)

stoughton ma: Stoughton MA area Elder Law Attorney-In-Home Care Programs Part 2 of 6 - 03/23/14 09:41 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 … (1 comments)

stoughton ma: Stoughton MA Area Elder Law Attorney--MA At-Home Programs Part 1 of 6 - 03/23/14 09:38 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)

stoughton ma: Stoughton MA Area Estate Planning--What If Spouse Dies Without A Will? - 03/23/14 09:37 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 Q&A 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 the … (0 comments)

stoughton ma: Stoughton MA Area Estate Planning: Can You Disinherit Your Spouse? - 02/10/14 06:43 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 forced (elective) share?
 
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 Q&A assumes there is no such valid and enforceable prenuptial or separation agreement. 
Under Massachusetts law, a surviving spouse has … (0 comments)

stoughton ma: Stoughton MA area Estate Planning Atty.--Disposition of Bodily Remains - 02/10/14 06:39 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 such as funeral and … (0 comments)

stoughton ma: Stoughton MA area Estate Planning Atty. B. von Weiss: Effect of Divorce - 02/10/14 06:36 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  
Website:  vonweisslaw.com 
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)

stoughton ma: Stoughton area MA Estate Planning Atty. B. von Weiss: Executors, etc. - 02/05/14 09:14 AM
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  Website:  vonweisslaw.com
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 … (0 comments)

stoughton ma: Estate Planning Stougton MA area--Brigitte von Weiss--Will Omits Child - 01/25/14 04:59 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)

stoughton ma: Stoughton MA Elder Law-Some Nursing Homes Mislead Elder re MassHealth - 01/23/14 10:48 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)

stoughton ma: Stoughton MA--Why Some Nursing Homes Mislead Elders re: MassHealth - 01/23/14 05:02 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)

stoughton ma: Stoughton Area Estate Planning Atty. Brigitte von Weiss: MUCP § 2-403 - 01/22/14 12:00 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)

stoughton ma: Stoughton Area Estate Planning Atty. Brigitte von Weiss: MUPC § 2-404 - 01/21/14 11:47 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."  
Unless … (0 comments)

stoughton ma: Stoughton Area Atty. von Weiss: When a Child is Omitted from the Will - 01/15/14 09:26 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)

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

Brigitte von Weiss

Easton, MA

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