January 2011

Can a resident be discharged from nursing home because back child support will start to be with-held from social security?

ADDITIONAL INFORMATION: Social Security will now start with-holding back child support from payment made to nursing home. He has no income and no way to pay the difference. ATTORNEY ANSWER: I am going to assume from your question that the nursing home resident is receiving Mediciad benefits. For patients who are on Medicaid in the nursing home, the nursing home is paid partially by the resident through the resident’s income and Medicaid pays the balance. The

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How long does it take to get a hearing before a judge in probate court?

ADDITIONAL INFORMATION: I am in a dispute over a house between myself and my mother.  We both own the house we need to settle in court.  How can we get a hearing and how long does it take to get one? ATTORNEY ANSWER: First, I do not know that Probate Court is the appropriate venue for your hearing. If all parties who own the property are alive, Land Court may be the correct forum.   Secondly, a

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Under Massachusetts law, are there any circumstances that allow children to contest against the father when there was no will?

ADDITIONAL INFORMATION: My mother recently passed and we don’t know for sure if she had a will. We know that she always said that she had but now our dad is saying that she didn’t.  He is taking control over all of her possessions saying that he can do what he wants. I’ve been living in one of the houses for 22 years and have been paying the taxes but the receipts were in my mother

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What is a reasonable fee to draw up a Codicil to an already existing will?

ADDITIONAL INFORMATION: I just needed my will updated so that my daughter instead of brother in law is the executor of the will. What is a reasonable fee? ATTORNEY ANSWER: Each attorney sets his own fee schedule and some attorneys do not charge for an initial meeting. Also, attorney fees vary according to the attorney’s experience as well as the location of the attorney within the state.   Usually the attorney who originally drafted the documents charges

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With today’s lower mortgage interest rates, is it time to refinance?

Mortgage interest rates are at historic lows. According to the Mortgage Bankers Association, the average interest rate for 30-year, fixed-rate mortgages dropped to 4.25% in September, 2010, and the average rate for 15-year mortgages fell to 3.73%. These are the lowest rates in almost 50 years.  If you’re currently paying mortgage interest at a higher rate, you may be tempted to refinance your existing mortgage, even if you already refinanced once or twice before. But should

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2011 mileage rates released

The IRS has released adjustments to the mileage rates that can be used for business driving, driving for medical or moving purposes, or charitable driving. Effective January 1, 2011, the standard mileage rates for the use of a car, van, pickup, or panel truck will be 51¢ per mile for business miles, 19¢ for medical or moving purposes, and 14¢ for charitable driving.

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New law delays return filing

If you itemize deductions or claim any of three restored deductions (for state and local sales tax, higher education tuition, or educator expenses), you must wait until mid to late February to file your 2010 tax return. The IRS must reprogram its computers to handle the changes made to these items by the 2010 Tax Relief Act passed in late December.

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