Practice Areas
Estate Planning
Establishment of an estate plan is necessary for anyone that wants to be in control of the person(s) appointed to make their medical or financial decisions as well as the disposition of their assets, regardless of the estate size. If a Will is not created, the state will essentially fill in the blanks and control the disposition of your property per the intestacy statutes. Each estate plan is crafted after careful consideration of each client’s specific situation and estate composition. We offer the following estate planning services as part of custom packages based on your specific needs:
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Wills
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Revocable Trusts
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Trusts for minors
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Special Needs Trusts
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Powers of Attorney
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Health Care Proxies
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Medical directives
Long Term Care Planning/ Asset Protection
“MassHealth is going to take my house” is a phrase we hear all too often. Fortunately, that is not really how it works. We know the ins and outs of qualifying for long term care benefits and protecting what you have worked hard to build so we can assist you in planning for that next stage of life. You may know about the “5-year lookback” and the methods you can use to protect your assets if you have the foresight to plan that far ahead. However, even if you didn’t have that opportunity for planning, there are options for qualifying. We will review your specific situation and analyze whether you may qualify for one of the exceptions to the eligibility rules. We offer the following long term care planning and asset protection services:
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Evaluation of your specific circumstances and strategies for long term care planning
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Non-disqualifying transfers of assets
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Reversing disqualifying transfers of assets
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Use of irrevocable trusts
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Use of testamentary trusts
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Use of life estate deeds
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Work with financial advisors to establish Medicaid compliant annuities
Medicaid (Long Term Care) Applications
The process of applying for Medicaid (MassHealth) long term care benefits can be quite cumbersome given the lengthy application, supplements, and verification required. In addition, there are often requests for information after the application is filed or denials which require appeals in order to preserve the benefit start date. We offer comprehensive services for Medicaid/ MassHealth applications from start to finish, including:
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Identification of and assistance with any spenddown that may be required through use of non-disqualifying methods
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Assistance with liquidation of assets
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Preparation of application for long term care benefits
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Gathering and organization of verification
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Preparing and processing hardship waivers
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Handling appeals where necessary and preserving benefits start dates
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Representation at appeals hearings
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Assistance with annual reporting
Advanced Planning
There are several factors that may require specialized estate planning, such as a taxable estate, providing for minors or other loved ones that require asset protection (due to divorce, addiction, illness, receipt of public benefits, etc.), or planning for blended families or couples whose wishes are different from each other. We offer the following advanced estate planning services:
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Tax planning
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Charitable giving
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Planning for blended families
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Planning for minors and others requiring asset protection
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Special needs planning
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Planning and benefits protection for those receiving large sums of money such as inheritance or settlement
Probate and Estate Administration
Dealing with the loss of a loved one is emotional, painful, and challenging. Take the time and energy you need to grieve the loss properly and allow us to handle the legal side of it. Whether your loved one passed away testate (with a Will) or intestate (without a Will), we can guide you through the appropriate procedure and administration. We offer the following probate and estate administration services:
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Guidance on process for administration
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Preparation and filing of Court pleadings
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Assistance with liquidation of assets
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Assistance with filing appropriate tax returns and fiduciary tax returns
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Court accounting services
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Closing of estate through Court procedures
Trust Administration
Whether administering a trust that you created for yourself or navigating the administration of a trust created by someone else, allow us to assist you in appropriate management of trust assets and distribution to beneficiaries. We offer the following trust administration services:
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Trustee guidance
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Trustee succession, including resignation and replacement
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Assistance with filing appropriate tax returns and fiduciary tax returns
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Accounting services
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Liquidation, distribution, and closing of trust
Guardianship and Conservatorship
There are occasionally situations in which a loved one becomes incompetent or in need of financial or medical assistance and they have not (or could not have) signed a Power of Attorney or Health Care Proxy. When this occurs, the solution is to have someone appointed by the Court to serve as guardian (medical matters) or conservator (financial matters). This need also arises when a child with special needs reaches the age of 18 and still requires medical or financial assistance from a parent or other loved one, but is unable to sign the necessary estate planning documents to appoint that person. We offer the following services to assist you in navigating the guardianship and conservatorship appointments and annual reporting requirements:
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Guidance on process for appointment and administration
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Assistance with securing medical forms necessary for Court filings and hearings
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Preparation of Court pleadings for appointment
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Preparation of annual Court pleadings
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Resignation, removal, or termination of appointment
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Court accounting services
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Assistance with other Court reporting requirements
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Rogers guardianship for treatment with antipsychotic medication and annual renewals of Rogers authority
Real Estate Sales and Transfers
Whether you are selling your home, transferring your home to your children or other loved ones, or gifting your home, we can help. We offer the following services:
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Transfer and gift of real estate
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Sale of real estate including preparation or review of Purchase and Sale Agreement, arrangement of title search, and all closing paperwork
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Fiduciary (estate, trust, conservator) sale of real estate
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Preparation of and filing Court pleadings for License to Sell Real Estate for fiduciaries
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Clearing title following death of owner/ co-owner
College Student
Estate Plans
College is an exciting time for young adults. However, it can be nerve wracking for parents and students alike as this is often the student’s first time living away from home. Further, the student is now considered an adult. Without specific authority, parents will not be able to assist in financial or medical matters for the student. We offer packages specifically for college students that allow parents or a trusted individual of the student’s choosing to act on the student’s behalf in certain situations. Specifically, we offer the following:
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Powers of attorney
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Health care proxies
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Medical directives
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HIPAA documents