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 …
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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 …
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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 …
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Estate Planning for Baby Boomers
If you are part of the Baby Boomer generation, you are likely retired or quickly approaching retirement. You may be thinking about how you will spend your new-found free time, planning trips you have wanted to take, or spending more time with your children and grandchildren. These are good things to think about, but you …
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 …
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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 …
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Veteran PACT Act Becomes Law
The Sergeant First Class (SFC) Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act became law on August 10, 2022, the largest expansion of health care and benefits for US veterans in more than thirty years. The cumbersome name stems from the story of SFC Heath Robinson, who died from a rare form …
The Probate Process
Losing a close relative is one of life’s most emotionally taxing events. In addition to the emotional aspect of loss, there is the stress of handling the deceased person’s estate and affairs. This part can be especially overwhelming. The process of proving to a probate court that the deceased’s last will and testament is valid …
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 …
