Probate: A General Timeline

Probate is the legal process of giving formal recognition to a will, naming or validating a personal representative (executor) to administrate the estate, and distributing assets to intended beneficiaries. It also requires paying the decedent’s outstanding debts and federal and state taxes. Each state has different laws determining if probate is necessary or can be …

The Veterans’ Administration Disability Cost of Living Adjustment 2023

The US Department of Veterans Affairs (VA) will match the Social Security Administration’s cost of living adjustment (COLA), which is an 8.7 percent increase in benefits in 2023. The VA disability monthly tax-free benefit is available to qualifying former military service members who sustained injury or illness during their service.  Even veterans with pre-existing conditions …

CMS Proposes Changes to Medicaid Eligibility & Enrollment

The Centers for Medicare & Medicaid Services (CMS) have new proposals to simplify enrollment and increase the number of eligible people to obtain and retain Medicaid coverage. Overall the goal is to streamline applications, verifications, enrollments, and renewals, standardize processes, and reduce red tape. These proposals are a response to the Biden Administration’s January 2021 and April 2022 executive …

Claiming the Guardianship of an Elderly Parent

Often an aging parent will lose their ability to think clearly to make informed and meaningful decisions regarding their life. This growing inability may occur due to Alzheimer’s disease, other forms of dementia, mental illness, stroke, brain injury, or other severe health or disability conditions. In the absence of your parent preparing for their elder …

Important Trust Update: Massachusetts Irrevocable Trust Bank Account Transfers 2022

Elder Law Care clients, we have an important update for you. This applies to Irrevocable Medicaid Asset Protection Trusts and Irrevocable Veterans Asset Protection Trusts. We’ve been doing recent research on MassHealth Medicaid matters looking to protect our clients and their families in the best way possible. We are recommending that you do not put …

Should Each Child Receive the Same Inheritance?

There are many situations in which equal division of assets among children is the obvious and right choice. Yet, in some families, each child receiving the same inheritance can be inappropriate, deplete the estate’s assets due to ensuing litigation, or cause other family issues after you are gone. While the answers depend on your family …

Five Must-have Legal Documents

An estate plan is necessary for all Americans who want to protect themselves and their families. Making sound decisions regarding finances and healthcare can become challenging as you age due to diminished mental capacity or declining health. Putting these five must-have legal documents in place before life becomes too difficult to handle is crucial for …

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