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# The Beliveau Law Group - Attorneys at Law

Estate Planning | Business Law | Tax Law | Real Estate | Probate | Medicaid | Litigation

## Posts

- [Beliveau Blog](https://www.beliveaulaw.net/blog/)
- [Understanding Credit Shelter Trusts and Marital Trusts in Massachusetts Estate Planning](https://www.beliveaulaw.net/2026/06/understanding-credit-shelter-trusts-and-marital-trusts-in-massachusetts-estate-planning/) - For Massachusetts families seeking to preserve wealth and minimize estate taxes, credit shelter trusts and marital trusts are two of the most important estate planning tools available. When structured correctly, they can reduce or even eliminate estate taxes while ensuring that a surviving spouse and other beneficiaries are properly provided for. How Credit Shelter and Marital Trusts Work Credit
- [How Can You Avoid Probate?](https://www.beliveaulaw.net/2026/03/how-can-you-avoid-probate/) - Probate is the legal process used to settle a person’s estate after he or she passes away. While it serves an important purpose, many families prefer to avoid probate when possible due to the time, cost, and public nature of the process. With thoughtful planning, it is often possible to transfer assets more efficiently and privately. This article
- [Smart Estate Planning for Everyday Families](https://www.beliveaulaw.net/2026/04/smart-estate-planning-for-everyday-families/) - Estate planning is often misunderstood as something only necessary for the wealthy. In reality, most families have the same core concerns—protecting their home, securing their retirement, providing for their children, and avoiding unnecessary financial loss. Thoughtful planning is not about complexity—it is about making practical decisions that protect what matters most. Understanding the key areas
- [My Parents Owned Property in Florida but Lived in Massachusetts — Which State Handles Estate Taxes?](https://www.beliveaulaw.net/2026/06/my-parents-owned-property-in-florida-but-lived-in-massachusetts-which-state-handles-estate-taxes/) - It is increasingly common for Massachusetts families to own property in multiple states, especially Florida. Many retirees spend winters in Florida, purchase vacation homes there, or eventually pass away while temporarily residing there during retirement. This often creates confusion for surviving family members trying to determine which state controls the estate and if estate taxes apply. One
- [Do I Have to Worry About Massachusetts Estate Tax?](https://www.beliveaulaw.net/2026/05/do-i-have-to-worry-about-massachusetts-estate-tax/) - Many Massachusetts residents are surprised to learn that estate taxes may apply long before a family considers itself “wealthy.” With rising home values, retirement accounts, investment portfolios, and life insurance proceeds, it is increasingly common for families to unintentionally cross the Massachusetts estate tax threshold without realizing it. For this reason, estate tax planning has become an
- [What Happens If You Die Without a Will?](https://www.beliveaulaw.net/2026/02/what-happens-if-you-die-without-a-will-2/) - Many people delay estate planning because they assume everything will “automatically go” to their spouse or children. Unfortunately, that is not always the case. If someone dies without a valid will, state law, not the decedent, determines who inherits his or her property. What Does It Mean to Die “Intestate”? When a person dies without a valid will, he
- [Is Probate Always Required in Massachusetts?](https://www.beliveaulaw.net/2025/11/is-probate-always-required-in-massachusetts/) - When a loved one passes away in Massachusetts, one of the first questions families often ask is whether the estate must go through probate. Probate is the legal process by which a deceased person’s assets are identified, debts and expenses are paid, and remaining property is transferred to heirs or beneficiaries. While probate is sometimes unavoidable, not every estate
- [Attorney David M. Beliveau Recognized on 2026 Super Lawyers List](https://www.beliveaulaw.net/2026/04/attorney-david-m-beliveau-recognized-on-2026-super-lawyers-list/) - Beliveau Law Group, LLC is pleased to announce that its founder, Attorney David M. Beliveau, has been selected to the 2026 Super Lawyers list—an honor reserved for a select group of attorneys demonstrating outstanding professional achievement and peer recognition. Attorney Beliveau, Esq., CPA represents both individuals and businesses across Florida, Massachusetts, and New Hampshire. As
- [Who is responsible for paying the house taxes when the house is part of a trust?](https://www.beliveaulaw.net/2025/11/who-is-responsible-for-paying-the-house-taxes-when-the-house-is-part-of-a-trust/) - ADDITIONAL INFORMATION: My mom is the beneficiary of my grandma’s house and my daughter is the trustee of the trust of which the house is part of. My mom is telling my daughter that she is financially obligated to pay the house taxes out of her own money. I understood it as my daughter is
- [About Filial responsibility?](https://www.beliveaulaw.net/2025/10/about-filial-responsibility/) - ADDITIONAL INFORMATION: Hello, I am the oldest of 3 siblings. We provide all financial support to our elderly mother to pay her rent and other utilities (which my youngest sibling lives in too and makes use of.) My question is, is even though I pay for most of my mother’s expenses along with my other
- [Can a brother-in-law be in charge of my family’s estate and probate?](https://www.beliveaulaw.net/2025/10/can-a-brother-in-law-be-in-charge-of-my-familys-estate-and-probate/) - ADDITIONAL INFORMATION: My sister’s husband is handling my mother’s estate. We have a history and I do not fully trust him. I think they are already trying to scam me. I have no knowledge of this stuff. ANSWER BY MARGARET CROSS-BELIVEAU: The will can nominate anyone to serve as executor/personal representative. Blood relation is not
- [How would I be able to gain the control of my wife’s' checking and stock accounts?](https://www.beliveaulaw.net/2025/10/how-would-i-be-able-to-gain-the-control-of-my-wifes-checking-and-stock-accounts/) - ADDITIONAL INFORMATION: My wife all of a sudden has gone from a slight Dementia problem to a major Dementia problem. This may have happened due to a fall that she recently took that caused her to have a concussion. I may have to put her into a Dementia care facility that will have a monthly
- [How do I add a name to house deed?](https://www.beliveaulaw.net/2025/10/how-do-i-add-a-name-to-house-deed/) - ADDITIONAL INFORMATION: My grandparents own their property and want me to have it as a result of them passing away. I thought they put my name on the deed but didn't. I need to know how do i go about that. ANSWER BY MARGARET CROSS-BELIVEAU: Depending on what their goals are changing the deed might
- [My son and I jointly own a property. Does he automatically inherit the property or do I have to will it to him?](https://www.beliveaulaw.net/2025/10/my-son-and-i-jointly-own-a-property-does-he-automatically-inherit-the-property-or-do-i-have-to-will-it-to-him/) - ADDITIONAL INFORMATION: Not sure if any additional legal forms are needed so when I die my son completely owns the property, we both jointly own now. ANSWER BY MARGARET CROSS-BELIVEAU: It depends on the type of tenancy that is stated in the deed. You either own it in joint tenancy or tenancy in common. If
- [How do I find a family trust after the patriarch has died and never told any survivors of the family there was a trust?](https://www.beliveaulaw.net/2025/10/how-do-i-find-a-family-trust-after-the-patriarch-has-died-and-never-told-any-survivors-of-the-family-there-was-a-trust/) - ADDITIONAL INFORMATION: My father had passed away in a number of years ago. Someone from the county in which he resided in contacted me in regards to a piece of property that was owed back taxes and was now getting ready to be auctioned off later this year unless we paid the back taxes and
- [The Benefits of Establishing a Trust for Estate Planning](https://www.beliveaulaw.net/2024/11/the-benefits-of-establishing-a-trust-for-estate-planning/) - Estate planning is a crucial step to ensure that your assets are distributed according to your wishes after your passing. As estate planning attorneys practicing in Massachusetts, New Hampshire, and Florida, we understand the unique benefits and legal requirements of establishing a trust in these states. In this article, we will discuss the advantages of
- [Understanding Fiduciary Income Taxes and Returns](https://www.beliveaulaw.net/2024/10/understanding-fiduciary-income-taxes-and-returns/) - When a loved one passes away, the topic of fiduciary income taxes often arises, bringing with it a host of questions and concerns. As estate planning attorneys practicing in Massachusetts, New Hampshire, and Florida, we aim to demystify this complex subject and provide you with essential information to navigate such challenging times. What is Fiduciary
- [Estate Planning for High Net Worth Individuals: Unique Considerations in Massachusetts](https://www.beliveaulaw.net/2024/09/estate-planning-for-high-net-worth-individuals-unique-considerations-in-massachusetts/) - Estate planning is a critical process for everyone, but it holds unique implications for high net worth individuals, particularly in Massachusetts. Given the complexities of state laws and the substantial assets involved, high net worth individuals must approach estate planning with a detailed and strategic mindset to ensure their wealth is preserved and transferred according
- [How to Avoid the Most Common Mistakes in Estate Planning](https://www.beliveaulaw.net/2024/07/how-to-avoid-the-most-common-mistakes-in-estate-planning/) - Estate planning is essential to secure financial assets and protect loved ones. However, without proper guidance, individuals may make mistakes that can jeopardize their legacy. In Massachusetts, understanding estate planning pitfalls and how to avoid them can ensure that assets are distributed according to your wishes and prevent unnecessary complications for beneficiaries. Mistake 1: Not
- [Estate Planning for Blended Families in Massachusetts: Key Considerations](https://www.beliveaulaw.net/2024/08/estate-planning-for-blended-families-in-massachusetts-key-considerations/) - Estate planning is a crucial process for all families, but it becomes particularly important and complex for blended families. In Massachusetts, blended families—where one or both spouses have children from previous relationships—must navigate unique challenges when it comes to ensuring that both their spouse and children are provided for after their death. Without a clear
- [How to Protect Your Adult Children’s Inheritance from Divorce in Massachusetts](https://www.beliveaulaw.net/2024/06/how-to-protect-your-adult-childrens-inheritance-from-divorce-in-massachusetts/) - When planning for the future, parents often want to ensure that their children’s inheritance remains protected, even in the event of divorce. Without proper safeguards, assets intended for children could be jeopardized during a marital split. Massachusetts estate planning laws offer several tools and strategies to help parents shield their legacy for the next generation.
- [Planning for Minor Children in Massachusetts: Wills and Guardianship Considerations](https://www.beliveaulaw.net/2024/05/planning-for-minor-children-in-massachusetts-wills-and-guardianship-considerations/) - Planning for the future is one of the most important responsibilities a parent has, particularly when it comes to securing the well-being of minor children. In Massachusetts, estate planning for families with minor children typically involves creating a will and making guardianship designations. Here is an outline of the critical steps parents should take to
- [The Power of Crummey Irrevocable Trusts](https://www.beliveaulaw.net/2024/04/the-power-of-crummey-irrevocable-trusts/) - In the intricate landscape of estate planning, Crummey Irrevocable Trusts stand out as powerful tools for individuals seeking to optimize asset protection and tax efficiency while securing their legacy for future generations. Contrary to common misconception, Crummey Irrevocable Trusts aren't solely reserved for the ultra-wealthy; rather, they offer valuable benefits to anyone aiming to strategically
- [Securing Your Legacy: The Power of Irrevocable Life Insurance Trusts (ILITs)](https://www.beliveaulaw.net/2024/04/securing-your-legacy-the-power-of-irrevocable-life-insurance-trusts-ilits/) - In the realm of estate planning, Irrevocable Life Insurance Trusts (ILITs) emerge as strategic instruments for individuals aiming to safeguard their loved ones' financial security while minimizing tax liabilities. Far from being exclusive to the affluent, ILITs offer valuable benefits accessible to anyone seeking to protect their assets and ensure a seamless transfer of wealth
- [Empowering Your Estate: The Versatility of Revocable Trusts](https://www.beliveaulaw.net/2024/04/empowering-your-estate-the-versatility-of-revocable-trusts/) - Revocable Trusts stand as versatile instruments for individuals seeking to manage and protect assets effectively during their lifetime and ensure a seamless transfer of wealth upon their passing. Contrary to common misconception, Revocable Trusts offer valuable benefits to individuals from all walks of life, providing flexibility, control, and peace of mind. Let's explore what Revocable
- [Ensuring Long-Term Security: The Vital Role of Supplemental Needs Trusts](https://www.beliveaulaw.net/2024/04/ensuring-long-term-security-the-vital-role-of-supplemental-needs-trusts/) - Supplemental Needs Trusts (SNTs) emerge as indispensable tools for individuals seeking to provide for loved ones with special needs while preserving their eligibility for government benefits. Far from being exclusive to the affluent, SNTs offer invaluable benefits accessible to anyone navigating the complexities of estate planning with special considerations in mind. Let's delve into what
- [Trusts 101: Exploring Different Types and Their Benefits](https://www.beliveaulaw.net/2024/01/trusts-101-exploring-different-types-and-their-benefits/) - When it comes to securing your family's financial future, understanding the role of trusts is essential. In this comprehensive guide, we'll delve into the basics of trusts, exploring different types and the myriad of benefits they offer for estate planning. Understanding Trusts A trust is a legal entity that holds and manages assets on behalf
- [Understanding Creditor Periods in Probate – Massachusetts, New Hampshire, and Florida](https://www.beliveaulaw.net/2024/01/understanding-creditor-periods-in-probate-massachusetts-new-hampshire-and-florida/) - Probate is a complex and multifaceted process that involves a series of legal, financial, and administrative tasks aimed at ensuring the seamless transfer of assets to beneficiaries upon one's passing. It's crucial to be aware of the specific rules and regulations that govern the distribution of assets from an estate. In this article, we'll delve
- [Estate Tax Planning: Minimizing the Estate Tax Burden](https://www.beliveaulaw.net/2024/01/estate-tax-planning-minimizing-the-estate-tax-burden/) - Estate tax planning plays a crucial role in minimizing the estate tax burden that your heirs might face. Understanding the essentials of estate tax planning can help reduce the impact of estate taxes. Understanding Estate Taxes in Massachusetts Estate taxes, often referred to as "death taxes," are levied on the value of your estate when
- [The Corporate Transparency Act](https://www.beliveaulaw.net/2023/12/the-corporate-transparency-act/) - In an era dominated by global commerce and intricate financial networks, the necessity for corporate transparency has become increasingly apparent. Recognizing this imperative, the United States Congress took a significant step forward by passing the Corporate Transparency Act (CTA) in 2021. This groundbreaking legislation aims to enhance the transparency of beneficial ownership information, fortify national
- [Revolutionizing Estate Planning in Massachusetts: Navigating the Impact of the New Estate Tax Landscape](https://www.beliveaulaw.net/2023/12/revolutionizing-estate-planning-in-massachusetts-navigating-the-impact-of-the-new-estate-tax-landscape/) - In a groundbreaking move, Massachusetts legislators unveiled a transformative $1 billion tax relief package on September 26, 2023, which was swiftly enacted into law by Governor Maura Healey on October 3, 2023. This comprehensive legislation, designed to provide relief to families, businesses, and individuals across the state, carries profound implications for existing estate plans, with
- [How to help your trustee make good decisions for your family](https://www.beliveaulaw.net/2014/12/how-to-help-your-trustee-make-good-decisions-for-your-family/) - As Yogi Berra supposedly said, “It’s hard to make predictions, especially about the future.” Yet when you create a trust for your heirs, you have little choice but to make predictions about what their needs will be many years down the road. Because circumstances change, it’s a good idea to make your trust flexible enough
- [Two trustees may be better than one](https://www.beliveaulaw.net/2015/12/two-trustees-may-be-better-than-one/) - A trustee has two important duties – managing the assets in the trust, and distributing them to the beneficiaries according to the donor’s wishes. But it can be hard to find one person who can do both things well. An aunt or uncle might be the perfect person to know how to distribute assets to
- [How to avoid common trust mistakes](https://www.beliveaulaw.net/2015/06/how-to-avoid-common-trust-mistakes/) - Trusts can be the linchpin of a solid estate plan. But it’s important to remember that you can’t just set up a trust and forget about it. It’s a good idea to periodically review how your trusts are working, to make sure you and your family are getting the full benefit of them. Not doing
- [Family trust could prohibit beneficiaries from going to court](https://www.beliveaulaw.net/2016/04/family-trust-could-prohibit-beneficiaries-from-going-to-court/) - People who set up trusts for children, grandchildren and other family members have a greater ability to limit the beneficiaries’ right to challenge trustees’ decisions in court, as a result of a new U.S. Tax Court decision. Here’s the background: You may know that you can give up to $14,000 a year to any person
- [Should you amend or rewrite your revocable trust?](https://www.beliveaulaw.net/2016/12/should-you-amend-or-rewrite-your-revocable-trust/) - It’s important to review a revocable trust regularly to see if any amendments are needed, such as when something changes in your life or if the law changes. There are two ways to go about it. You can either amend the existing trust to change a certain part of it or rewrite the whole trust,
- [Many older estate plans have an unnecessary trust](https://www.beliveaulaw.net/2017/01/many-older-estate-plans-have-an-unnecessary-trust/) - An estate planning technique that was very popular some years ago is still present in many people’s wills, especially if they haven’t reviewed their estate plan in a while. But this technique – called a “bypass trust” – might now actually increase taxes rather than decrease them for many people, as a result of changes
- [New law allows individuals to create special needs trusts](https://www.beliveaulaw.net/2017/04/new-law-allows-individuals-to-create-special-needs-trusts/) - Buried in a new federal law is a tiny change that will now allow individuals to set up their own special needs trusts. The sum total of the change is two words — “the individual” — intended to correct a more than 20-year-old error. The change is called the Special Needs Trust Fairness Act. Authorized
- [How to change an irrevocable trust](https://www.beliveaulaw.net/2017/06/how-to-change-an-irrevocable-trust/) - When dealing with irrevocable trusts the ability to effect change can be difficult to understand, presenting more questions than answers. The correct answers often depend on a variety of factors, but a good starting point is state law and the trust document itself. When modification or termination of an irrevocable trust is sought, a possible
- [Medicaid Irrevocable Trusts - Do They Protect Assets?](https://www.beliveaulaw.net/2017/11/medicaid-irrevocable-trusts-do-they-protect-assets/) - The New Hampshire Bar Association recently published an article written by Attorney David M. Beliveau discussing the use of Medicaid irrevocable trusts as a legal tool to protect assets (typically, a residence) in the case one has to be admitted to a nursing home and apply to receive Medicaid to cover the respective cost. The
- [Five rights that trust beneficiaries have](https://www.beliveaulaw.net/2018/10/five-rights-that-trust-beneficiaries-have/) - If you are the beneficiary of a trust, it may feel like you are at the mercy of the trustee. But depending on the type of trust, trust beneficiaries may have rights to ensure the trust is properly managed. A trust is a legal arrangement through which one person, called a “settlor” or “grantor,” gives
- [Protect assets, retain access with a Spousal Lifetime Access Trust](https://www.beliveaulaw.net/2019/03/protect-assets-retain-access-with-a-spousal-lifetime-access-trust/) - A Spousal Lifetime Access Trust (SLAT) is an estate planning tool that can be used to lock in the current estate tax exemption while still allowing a certain degree of access to trust assets. SLAT basics A SLAT is an irrevocable trust created by one spouse for the benefit of the other. The gift removes
- [Land trusts provide anonymity, tool to avoid probate](https://www.beliveaulaw.net/2019/06/land-trusts-provide-anonymity-tool-to-avoid-probate/) - A land trust is a private legal agreement that transfers a property title from the owner to a trustee. The trustee agrees to hold that title for the benefit of another party. The creator of the trust, known as the trustor, is typically the primary beneficiary for their lifetime. This party retains complete use of
- [Use caution when creating an IRA inheritance trust](https://www.beliveaulaw.net/2019/06/use-caution-when-creating-an-ira-inheritance-trust/) - When you hold an IRA, those funds can be distributed to the person you name as the beneficiary or to an inheritance trust. Some IRA owners choose a trust because it gives them a degree of control over how the assets are distributed after they die. Before you name a trust as the beneficiary of
- [Avoid these mistakes when setting up a trust](https://www.beliveaulaw.net/2019/12/avoid-these-mistakes-when-setting-up-a-trust/) - When setting up a revocable trust, you need to be diligent about asset transfers, beneficiary designations and funding formulas. Failure to complete certain steps can prevent the trust from acting as you intended, creating additional cost and unintended consequences for your estate. Common issues include the following: Failure to transfer assets Setting up a trust
- [Life insurance trusts: fund or collapse?](https://www.beliveaulaw.net/2019/12/life-insurance-trusts-fund-or-collapse/) - An Irrevocable Life Insurance Trust (ILIT) has long been a fundamental tool for managing federal estate tax liabilities. But with a sizable increase in the federal estate tax exclusion, some families are wondering if their ILIT is even relevant anymore. An ILIT owns your life insurance policy for you, essentially removing it from your estate.
- [Don’t forget to fund your trust](https://www.beliveaulaw.net/2020/09/dont-forget-to-fund-your-trust/) - Most people who have an estate plan have created a trust. But one thing many people forget is rather important: funding the trust. During the lifetime of the grantor who created the trust, the trustee can use the trust assets for the grantor’s benefit, if the grantor becomes incapacitated. If you want the trustee to
- [Is it better to use joint ownership or a trust to pass down a home?](https://www.beliveaulaw.net/2020/04/is-it-better-to-use-joint-ownership-or-a-trust-to-pass-down-a-home/) - When leaving a home to your children, it is possible to avoid probate by using either joint ownership or a revocable trust, but which is the better method? If you add your child as a joint tenant on your house, you will both have an equal ownership interest in the property. If one joint tenant dies, his
- [When To Use A Special Needs Trust](https://www.beliveaulaw.net/2021/05/when-to-use-a-special-needs-trust/) - Special-Needs Trusts: An Overview of a Useful Estate-Planning Tool In planning one’s estate, one seeks to make one’s passing easier, financially, logistically, and emotionally, for loved ones. In planning for the future, you likely have given special consideration to loved ones who would not be able to provide for themselves if you were gone, such
- [Living Trusts vs. Wills: Which Is Right for You?](https://www.beliveaulaw.net/2023/10/living-trusts-vs-wills-which-is-right-for-you/) - Planning for the future is crucial, especially when it comes to protecting your assets and loved ones. Estate planning provides the opportunity to make important decisions about how your estate will be handled after you're gone. In this realm, two common options arise: living trusts and wills. Both serve important purposes, but understanding the differences
- [Does a Revocable Trust Protect My Home from Nursing Home Expenses?](https://www.beliveaulaw.net/2023/03/does-a-revocable-trust-protect-my-home-from-nursing-home-expenses/) - A common question from many Massachusetts homeowners is does my revocable Trust protect my home from potential nursing home and long-term care expenses? While a revocable Trust offers many advantages, protecting your home from nursing home expenses is not one of them. In this article, we will discuss the definition of a revocable Trust, examples
- [Probate law in Massachusetts is changed](https://www.beliveaulaw.net/2009/07/probate-law-in-massachusetts-is-changed/) - A brand new law in Massachusetts will make many changes in the way people’s estates are handled. The “Uniform Probate Code,” signed into law by Gov. Patrick, includes the following new rules for what happens if someone dies without a will: In many cases, an estate representative can begin distributing assets to heirs before getting
- [Ins and outs of multi-state estate planning and probate](https://www.beliveaulaw.net/2011/07/ins-and-outs-of-multi-state-estate-planning-and-probate/) - July 2011 Author: Attorney David M. Beliveau Published by: Massachusetts Lawyers Weekly It is becoming more common for estate planning attorneys to have clients who own real estate in multiple states. Whether it is a cottage on a lake in New Hampshire or a snowbird getaway in Florida, understanding the similarities and differences of estate
- [How To Avoid Probate](https://www.beliveaulaw.net/2023/04/how-to-avoid-probate/) - As estate planning attorneys, one of the most common questions we’re often asked is, "How can I avoid probate?" Probate is the legal process of settling a deceased person's estate, and it can be time-consuming and costly. Fortunately, there are several ways to avoid probate and ensure that your assets are distributed according to your
- [Navigating the Tax Implications of Selling Real Estate Subject to Probate](https://www.beliveaulaw.net/2023/10/navigating-the-tax-implications-of-selling-real-estate-subject-to-probate/) - Estate planning attorneys play a vital role in helping clients protect their assets and ensure a smooth transition of wealth to their loved ones upon passing. In the states of Massachusetts, New Hampshire, and Florida, where we practice, the tax implications of selling real estate subject to probate can be a complex and crucial aspect
- [The Consequences of Dying Intestate as a Single Real Estate Owner: A Comparative Look at Massachusetts, New Hampshire, and Florida](https://www.beliveaulaw.net/2023/10/the-consequences-of-dying-intestate-as-a-single-real-estate-owner-a-comparative-look-at-massachusetts-new-hampshire-and-florida/) - The Perils of Dying Intestate Every person's ultimate goal in estate planning should be to maintain control over his or her property and have his or her final wishes honored. However, when an individual dies without a will, this control is forfeited, often leading to consequences that may be far from what the decedent would
- [Long-Term Care Planning and Asset Protection: Safeguarding Your Future](https://www.beliveaulaw.net/2023/10/long-term-care-planning-and-asset-protection-safeguarding-your-future/) - As experienced estate planning lawyers, we understand the importance of safeguarding your assets and ensuring your future well-being. In this article, we will provide you with valuable insights into the complexities of long-term care planning and how it can be an integral part of your overall estate plan. The Rising Importance of Long-Term Care Planning
- [How to protect assets of a parent with dementia from being taken by a care giver?](https://www.beliveaulaw.net/2023/07/how-to-protect-assets-of-a-parent-with-dementia-from-being-taken-by-a-care-giver/) - ADDITIONAL INFORMATION: My father has been diagnosed with advanced dementia. He started seeing someone he met online. She has restricted access to him from his friends and family and controls his finances. She has moved him and changed his phone number. We don’t want to go to court to declare him incompetent as he’d never
- [Does a person who takes care of a person before the person dies have rights to the deceased person's house?](https://www.beliveaulaw.net/2023/07/does-a-person-who-takes-care-of-a-person-before-the-person-dies-have-rights-to-the-deceased-persons-house/) - ADDITIONAL INFORMATION: My friends grandma passed away and him and his sister were taking care of her before she passed away. The uncle is the other person who was on the mortgage. The uncle is threatening to evict my friend. Does my friend have any rights to the house? He never signed any lease or
- [My dad left everything in his estate to me, but there is a trustee comment involving my uncle. Would I need him to sign off?](https://www.beliveaulaw.net/2023/07/my-dad-left-everything-in-his-estate-to-me-but-there-is-a-trustee-comment-involving-my-uncle-would-i-need-him-to-sign-off/) - ADDITIONAL INFORMATION: In the Will it specifically states "In the even that the beneficiary (myself) has not reached the age of thirty (I am 33), then in such even I give, devise and bequeath the shares of my beneficiary to my trustee (my uncle)" Summed up the rest of that section says if im under
- [Can adult stepchildren contest a will?](https://www.beliveaulaw.net/2023/07/can-adult-stepchildren-contest-a-will/) - ADDITIONAL INFORMATION: My father passed away in 2020. My stepmother became ill in 2021. She reportedly completed a will stating that "she leaves all her earthly possession to her biological son." There are 4 other adult non-biological children that were not named in the will. My father was the primary person that made the house
- [In Massachusetts, does my wife have to sign her consent on IRA beneficiary form to have my daughter as sole beneficiary of IRA?](https://www.beliveaulaw.net/2023/07/in-massachusetts-does-my-wife-have-to-sign-her-consent-on-ira-beneficiary-form-to-have-my-daughter-as-sole-beneficiary-of-ira/) - ADDITIONAL INFORMATION: I want my daughter to be sole beneficiary of my IRA. I live in Massachusetts. ANSWER BY MARGARET CROSS-BELIVEAU: Massachusetts does not require spousal consent to change the beneficiary of an IRA. It is required for a 401(k). However, the custodian of the IRA may want the spouse to consent. Follow us on
- [When someone is appointed personal representative to probable an estate can they be held personally liable for any debts?](https://www.beliveaulaw.net/2023/07/when-someone-is-appointed-personal-representative-to-probable-an-estate-can-they-be-held-personally-liable-for-any-debts/) - ADDITIONAL INFORMATION: When someone is appointed personal representative to probable an estate can they be held personally liable for any debts or anything that may be done incorrectly regarding the probate process? ANSWER BY MARGARET CROSS-BELIVEAU: If the PR pays the debts without clearing the creditor period, then yes, the PR can be personally liable
- [Is a Limited Power of Appointment in a Trust still considered countable "control" over assets? Are contents of Trust at risk?](https://www.beliveaulaw.net/2023/07/is-a-limited-power-of-appointment-in-a-trust-still-considered-countable-control-over-assets-are-contents-of-trust-at-risk/) - ADDITIONAL INFORMATION: My father created an Irrevocable Trust (with multiple assets and properties in it), where I (his son) am the Trustee; but in looking it over I noticed a potential issue: it says he has a Limited Power of Appointment (to add/remove Trustees, Beneficiaries, etc.), which, to me implies a level of "control" over
- [Would putting my husband's name on the deed, save us form probate when his mother has to be put in nursing home or passes away?](https://www.beliveaulaw.net/2023/07/would-putting-my-husbands-name-on-the-deed-save-us-form-probate-when-his-mother-has-to-be-put-in-nursing-home-or-passes-away/) - ADDITIONAL INFORMATION: Trying to find the right and cheapest way to but my husband on his mom's house. I don't know if we should make a trust for the house or change the deed. I really don't know what way to go. Mom has dementia and bipolar. She want to has us get the house
- [How can I get my son's name off my deed?](https://www.beliveaulaw.net/2023/07/how-can-i-get-my-sons-name-off-my-deed/) - ADDITIONAL INFORMATION: I put my son's name on my deed so he would have no problem in case I died. I am trying to get a reverse mortgage and cannot obtain it with him on my deed and he will not take himself off. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: Unfortunately, once you
- [What are my rights as an owner of a remainder interest?](https://www.beliveaulaw.net/2023/07/gift-deed-with-life-estate-reservation/) - ADDITIONAL INFORMATION: My dad gifted me his house but reserving a life estate. Can he rent the house or call the police on me to leave the home? ANSWER BY MARGARET CROSS-BELIVEAU: Yes. Life tenant has reserved the right to live there and the proceeds of income of the property until his death. Unless his
- [Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?](https://www.beliveaulaw.net/2023/07/can-i-do-a-will-to-allow-my-fiancee-to-remain-living-in-my-house-up-to-a-year-if-then-the-house-would-go-to-my-children/) - ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her
- [Are miles driven doing paid favors to friends tax deductible?](https://www.beliveaulaw.net/2023/07/are-miles-driven-doing-paid-favors-to-friends-tax-deductible/) - ADDITIONAL INFORMATION: For example if my roommate payed my $5 to drive a mile down to Walmart to pick up something would those 2 miles be deductible? To a greater extent if I went to Florida for a trip and my brother pays me to catch him a rare pokemon on pokemon go and our
- [Can an estranged wife who disappeared more than 30 years ago challenge a will in relation to real property in Florida?](https://www.beliveaulaw.net/2023/07/can-an-estranged-wife-who-disappeared-more-than-30-years-ago-challenge-a-will-in-relation-to-real-property-in-florida/) - ADDITIONAL INFORMATION: I am helping an elderly disabled friend who fears his wife who disappeared more than 30 years ago may reappear after he dies and cause problems. He wants to will his home to a friend. To his knowledge, she knows nothing of the property where he had lived since shortly after she left.
- [Can I change the amount someone is to inherit in my will without a lawyer?](https://www.beliveaulaw.net/2023/06/can-i-change-the-amount-someone-is-to-inherit-in-my-will-without-a-lawyer/) - My will is worded to leave nothing to my son, and any of his heirs. I've heard that they can contest if you leave nothing, but if you leave as little as a dollar, they can't contest it. ANSWER BY MARGARET CROSS-BELIVEAU: A will can include a no contest provision which states that if any
- [If I made a will and testament and what happen if I got divorced?](https://www.beliveaulaw.net/2023/06/if-i-made-a-will-and-testament-and-what-happen-if-i-got-divorced/) - If I get a divorce then my will and testament get revoked?? ANSWER BY MARGARET CROSS-BELIVEAU: Once the divorce is finalized, any provision leaving assets to your ex would be null and void. Filing for the divorce is not enough to disinherit your soon to be ex. It would be best to be proactive and
- [How to Avoid Estate Tax](https://www.beliveaulaw.net/2023/05/how-to-avoid-estate-tax/) - Estate tax, also known as the "death tax," is a tax on the transfer of property upon your death. It can be a significant burden for your loved ones, as it can eat into the assets you intended to leave for them. Fortunately, there are several strategies that can be employed to minimize or even
- [How to Protect Your Home from Potential Nursing Home and Long-term Care Expenses](https://www.beliveaulaw.net/2023/04/how-to-protect-your-home-from-potential-nursing-home-and-long-term-care-expenses/) - As estate planning attorneys, we often receive inquiries from clients regarding how to protect their homes from potential nursing home and long-term care expenses. Long-term care can be extremely expensive, and the cost can easily exceed the average person's life savings. Fortunately, there are several strategies that can be employed to protect your home and
- [Disclaiming An Inheritance in Massachusetts](https://www.beliveaulaw.net/2023/03/disclaiming-an-inheritance-in-massachusetts/) - Disclaiming an inheritance is a legal process by which an individual chooses to renounce their right to inherit property or assets left to them by a deceased person. In the state of Massachusetts, disclaiming an inheritance can be a useful tool for those who wish to avoid the legal and financial obligations that come with
- [Life estate Question](https://www.beliveaulaw.net/2022/12/life-estate-question/) - My parents have a life estate set up for their home and cottage naming my brother and I remainder beneficiaries since Aug 2013. We are currently wondering if we remove my name from one estate and his name from the other estate, does that have consequences for the Medicaid look back dates, starting the 60
- [Am I a victim of elder abuse?](https://www.beliveaulaw.net/2022/12/am-i-a-victim-of-elder-abuse/) - I have been on disability for 22 years. My father told me I did not need to file my taxes. I filed my taxes this year because I have a six-year-old who I've never claimed and I claimed myself and her, And my father would like me to amend my tax return. He has tried
- [Can I still inherit my mother’s home if she sold it to my brother before her death?](https://www.beliveaulaw.net/2022/11/can-i-still-inherit-my-mothers-home-if-she-sold-it-to-my-brother-before-her-death/) - My mother sold my childhood home to my brother for $1 to avoid losing her home if she went into a nursing home. She claims that there was a contingency that the home would be left to all four of her children upon her death and that it is in her will. Is that even
- [What Is Required For A Will to Be Legally Binding And Enforceable?](https://www.beliveaulaw.net/2022/09/what-is-required-for-a-will-to-be-legally-binding-and-enforceable/) - What Makes a Will Legally Binding and Enforceable? For all the stories about great ideas or works of literature starting out as notes scribbled on a napkin, it is not advisable you do the same for your last will and testament. Making your last wishes known requires deliberation, preparation, and a final document of indisputable
- [Will I have to have an Executor form notarized again if the Notary Public commissioned date has expired?](https://www.beliveaulaw.net/2022/09/will-i-have-to-have-an-executor-form-notarized-again-if-the-notary-public-commissioned-date-has-expired/) - Expired Notary Public commissioned date. ANSWER BY MARGARET CROSS-BELIVEAU: The notary must be current at the time of the notarization. If it isn't, then it is the same as it not being notarized. Sorry, you'll have to have it done again. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this
- [Do I have to go through probate to sell my deceased mom's mobile home ?](https://www.beliveaulaw.net/2022/09/do-i-have-to-go-through-probate-to-sell-my-deceased-moms-mobile-home/) - I am trying to sell her home and was told by the realtor that I had to go through probate. I am in her will ANSWER BY MARGARET CROSS-BELIVEAU: The realtor is correct. A will doesn't avoid probate, it just directs where the deceased's assets are to go after death during the probate process. Follow
- [Can I get a mortgage if I own property with my two sisters?](https://www.beliveaulaw.net/2022/09/can-i-get-a-mortgage-if-i-own-property-with-my-two-sisters/) - My sisters and I own 16 acres in Pennsylvania that was willed to us by our grandfather. I am the majority owner holding 65%. I am currently living in a trailer on the property and pay 100% of the property taxes. The trailer is not in great shape and I am looking to purchase a
- [How do I change beneficiary?](https://www.beliveaulaw.net/2022/09/how-do-i-change-beneficiary/) - My bank account is a living trust. and my only asset. It is under $70,000. I am the trustee. I have a corresponding will. How do I change beneficiaries? ANSWER BY MARGARET CROSS-BELIVEAU: You can amend your trust to change the beneficiaries of your trust. The trust only controls assets held by the trust. Normally
- [Can I force my adult son to change is last name?](https://www.beliveaulaw.net/2022/09/can-i-force-my-adult-son-to-change-is-last-name/) - My son hasn't talked or bothered with me in many years. I have granddaughter 6 years old who doesn't even know who I am. He had another baby I never also met. He has no respect and is not blood anymore. I like to have him change his last name to his wife's name. I
- [How do I stop credit card companies from seeking payment from my wife after I die?](https://www.beliveaulaw.net/2022/09/how-do-i-stop-credit-card-companies-from-seeking-payment-from-my-wife-after-i-die/) - I am older than my wife and I have substantial credit card debt that I don't want her to be responsible for after I am gone. ANSWER BY MARGARET CROSS-BELIVEAU: Unless your wife agrees to is, she is not responsible for your debts, only your estate is. So put all of your property in her
- [How to ensure family rental stays with the siblings?](https://www.beliveaulaw.net/2022/09/how-to-ensure-family-rental-stays-with-the-siblings/) - My siblings and I were bequeathed a summer cottage in Rhode Island when our father passed away. While we technically own the structure, we rent the property (to use from May to October). As per the campground owner's stipulation, only one sibling's name can be on the lease. This makes us nervous, since if that
- [Can one parent legal withhold information regarding assets from the other parent after the death of a child?](https://www.beliveaulaw.net/2022/09/can-one-parent-legal-withhold-information-regarding-assets-from-the-other-parent-after-the-death-of-a-child/) - I have been divorced from my ex-spouse for over 10 years. Recently, our emancipated child (not married, no children) died in a motor vehicle accident. My understanding is that, in this situation, each parent is entitled to receive 50% of the estate. I'm trying to get my ex-spouse to cooperate in generating an estate inventory.
- [Do I inherit under my grandmother's will if my mother passed away before her?](https://www.beliveaulaw.net/2022/09/do-i-inherit-under-my-grandmothers-will-if-my-mother-passed-away-before-her/) - The will states my two aunts by name and two uncles by name and follows it up with this wording exactly if they survive me by 30 days but however if any child of mine does not survive me I give the share such deceased child would have taken had he or she survived me
- [In a MA nominee trust, does "a majority of voting interest of the Beneficiaries" equal the beneficiary interest percentage?](https://www.beliveaulaw.net/2022/09/in-a-ma-nominee-trust-does-a-majority-of-voting-interest-of-the-beneficiaries-equal-the-beneficiary-interest-percentage/) - Under "Powers of Trustees" in a MA nominee trust agreement is the following: "When, as, if and to the extent specifically directed by a majority of the voting interest of the Beneficiaries, the Trustees shall have the following powers: * to buy, sell, convey, assign, mortgage or otherwise dispose of all or any part of
- [If family trust is in place can a home be sold with out the approval of the designated trustees?](https://www.beliveaulaw.net/2022/09/if-family-trust-is-in-place-can-a-home-be-sold-with-out-the-approval-of-the-designated-trustees-2/) - Family trust in place with my husband and brother in law as trustees. Recently made aware brother in law has home for sale( both parents alive live in home and very elderly one disabled and unable To communicate) and planning on using proceeds to buy himself a home and “move parents in with him”. My
- [If I have a life estate who holds deed and pays bills?](https://www.beliveaulaw.net/2022/09/if-i-have-a-life-estate-who-holds-deed-and-pays-bills-2/) - My friend wants to give me a life estate in his home, then he wants to leave home to charity....how will deeds and will be set up and who pays taxes etc?? ANSWER BY MARGARET CROSS-BELIVEAU: I think what you are saying is that after your friend dies, he wants you to be able to
- [If family trust is in place, can a home be sold with out the approval of the designated trustees?](https://www.beliveaulaw.net/2022/09/if-family-trust-is-in-place-can-a-home-be-sold-with-out-the-approval-of-the-designated-trustees/) - Family trust in place with my husband and brother in law as trustees. Recently made aware brother in law has home for sale( both parents alive live in home and very elderly one disabled and unable To communicate) and planning on using proceeds to buy himself a home and “move parents in with him”. My
- [If I have a life estate who holds deed and pays bills?](https://www.beliveaulaw.net/2022/09/if-i-have-a-life-estate-who-holds-deed-and-pays-bills/) - My friend wants to give me a life estate in his home. Then he wants to leave home to charity....how will deeds and will be set up and who pays taxes, etc?? ANSWER BY MARGARET CROSS-BELIVEAU: I think what you are saying is that after your friend dies, he wants you to be able to
- [I raised my granddaughter from a baby and I have a son if I leave house to both does my son have more say so than her?](https://www.beliveaulaw.net/2022/08/i-raised-my-granddaughter-from-a-baby-and-i-have-a-son-if-i-leave-house-to-both-does-my-son-have-more-say-so-than-her/) - I raised my granddaughter from a baby. I have a son. Upon my death, if I leave house to both of them, does my son have say so over her whether to sell or keep the house ??? ANSWER BY MARGARET CROSS-BELIVEAU: If you leave it to them equally, he doesn't legally have more of
- [How do I get a copy of a will when I live in another state?](https://www.beliveaulaw.net/2022/08/how-do-i-get-a-copy-of-a-will-when-i-live-in-another-state/) - I live in New Hampshire and am trying to get a copy of my mother's will. I went to the City Clerk of the Court Cook County, but did not find a link on how to download a form to obtain a copy of the will. Obviously I cannot appear at the specified location as
- [How do I transfer a deed to my name?](https://www.beliveaulaw.net/2022/08/how-do-i-transfer-a-deed-to-my-name/) - I purchased a rental property from my grandmother in 1998. We signed a Notarized Real Estate Contract and I paid it off in 2000. My grandmother wrote paid in full, the date and signed her name and gave me back my copy. My grandmother died in 2002. Her will stated everything went to my mother
- [Can I leave my house to my daughter alone if she is married?](https://www.beliveaulaw.net/2022/08/can-i-leave-my-house-to-my-daughter-alone-if-she-is-married/) - I don't want him to have any control. ANSWER BY MARGARET CROSS-BELIVEAU: You can deed it to her individually, but if he is a controlling person he could easily use pressure for her to put his name on the deed. He could also divorce her and take half. Leaving it in trust for her is
- [Can a married person create their own separate living trust without any involvement of their spouse?](https://www.beliveaulaw.net/2022/08/can-a-married-person-create-their-own-separate-living-trust-without-any-involvement-of-their-spouse/) - One of my parents wants to make their own separate living trust without the other parent involved at all (no signatures or notarized paperwork required from the other parent). I know usually married couples both create their own separate living trusts together but I had trouble finding out if just 1 person can create their
- [Can my husband create a valid will and trust after I filed for divorce?](https://www.beliveaulaw.net/2022/08/can-my-husband-create-a-valid-will-and-trust-after-i-filed-for-divorce/) - I filed for divorce and then my husband’s brother took him to create a will in trust, giving the brother rights to everything. Then my husband passed away. Divorce never went through. Can they do that? What are my rights? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, he had the right to leave property to whomever he
- [New Hampshire's common-law marriage exception](https://www.beliveaulaw.net/2022/08/new-hampshires-common-law-marriage-exception/) - New Hampshire does not recognize common-law marriage. However, there is a unique exception allowed in probate. Recently, Attorney David M. Beliveau petitioned the New Hampshire court for a hearing for just such an allowance. Congratulations David for the court's approval. Click to read the Order on Motion for Determination of Common-law Marriage. Common-law Marriage Order
- [What is the legal sentence or paragraph to add to a will about asset transfer?](https://www.beliveaulaw.net/2022/08/what-is-the-legal-sentence-or-paragraph-to-add-to-a-will-about-asset-transfer/) - I want to say my spouse can inherit an asset from my parents if I am already dead, but if she re-marries the asset has to go to my kids, not the new husband or their kids? What legal terminology can be used for that? To say it another way, my wife and I have
- [When someone does not want to be an executor of a will can they appoint someone else in their place](https://www.beliveaulaw.net/2022/08/when-someone-does-not-want-to-be-an-executor-of-a-will-can-they-appoint-someone-else-in-their-place/) - When someone does not want to be an executor of a will can they appoint someone else in their place ANSWER BY MARGARET CROSS-BELIVEAU: If you don't want to serve as executor, you can decline to sign. The will should have an alternate Person Representative listed. If there is no alternate, the state has a
- [Can I dispose of my sister and brother in laws property that has been left on my land for 2 years?](https://www.beliveaulaw.net/2022/08/can-i-dispose-of-my-sister-and-brother-in-laws-property-that-has-been-left-on-my-land-for-2-years/) - It is complicated because my sister's name is on the deed to the property as well as mine. She is not a resident here and I own 2/3 of the property, inherited from our Grandparents. She is a HOARDER and the amount of stuff she has packed onto the property is affecting my way of
- [Does a nursing home take a military pension and social security check?](https://www.beliveaulaw.net/2022/08/does-a-nursing-home-take-a-military-pension-and-social-security-check/) - Spouse receives military pension and social security retirement. He is physically disabled with dementia ANSWER BY MARGARET CROSS-BELIVEAU: I believe your question is: After Dad goes into a nursing home, will Mom have enough money to live? As your dad was a veteran, you should look into getting into a VA nursing home. It is
- [How to get a deed transferred from a deceased spouse? and is it expensive? my mother is a disabled senior on a tight budget](https://www.beliveaulaw.net/2022/08/how-to-get-a-deed-transferred-from-a-deceased-spouse-and-is-it-expensive-my-mother-is-a-disabled-senior-on-a-tight-budget/) - My parents home was only in my father's name. He passed away 7 years ago, leaving his estate to my mother, per his will. She continued to make the monthly mortgage payments and nobody every mentioned anything to her. Now, her mortgage has been transferred to a new loan company they're saying she needs to
- [Trying to find out if father left a will or had life insurance, but can't get into his residence and don't have passwords?](https://www.beliveaulaw.net/2022/08/trying-to-find-out-if-father-left-a-will-or-had-life-insurance-but-cant-get-into-his-residence-and-dont-have-passwords/) - My father (who is divorced from my mother) lived in a different house with his girlfriend for a long time, but never legally wed. The girlfriend's family gave me some electronic equipment (iphone/laptop) but don't have the passwords to access it. The girlfriend's family does not want us to review any "paperwork", because my father
- [Can I sell the home now that my grandmother passed, even though there is someone living there that took care of her?](https://www.beliveaulaw.net/2022/08/can-i-sell-the-home-now-that-my-grandmother-passed-even-though-there-is-someone-living-there-that-took-care-of-her/) - I’m not interested in keeping the home. I have become the homeowner now that she had passed. ANSWER BY MARGARET CROSS-BELIVEAU: As long as you have title, you may sell the property. However, if the caretaker refuses to leave, you will be forced to evict the caretaker. Follow us on Facebook Follow us on LinkedIn
- [Does my mother, as an heir, have a right to sell land that belonged to her mother?](https://www.beliveaulaw.net/2022/08/does-my-mother-as-an-heir-have-a-right-to-sell-land-that-belonged-to-her-mother/) - My grandmother died in 2016 and at the time she had a boyfriend living with her. Never married and never had a will. My grandmother has three children, two of which do not care what happens with the property. The boyfriend is still living there and we are wanting to sell the land. Legally, what
- [What do I do if my husband was expecting an inheritance from his mother and then he passed away?](https://www.beliveaulaw.net/2022/08/what-do-i-do-if-my-husband-was-expecting-an-inheritance-from-his-mother-and-then-he-passed-away/) - My husband was expecting that an inheritance from his mother that passed away the previous year, but now my husband has passed away. So what happens with that inheritance? Does it go to me? Does it go to my daughter? How does that work? ANSWER BY MARGARET CROSS-BELIVEAU: Ahh, the dreaded probate with a probate.
- [Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?](https://www.beliveaulaw.net/2022/08/property-bought-during-marriage-my-name-is-not-on-deed-is-it-default-te-or-a-tic-how-can-my-son-not-his-inherit-2/) - Spouse purchased property during our marriage but my name was not on the deed or mortgage. The only thing I care about is that my son has a place to live if I’m not around, that he inherits half. I think that tenancy by entirety means spouse gets 100%, son 0%? Is that what the
- [Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?](https://www.beliveaulaw.net/2022/08/property-bought-during-marriage-my-name-is-not-on-deed-is-it-default-te-or-a-tic-how-can-my-son-not-his-inherit/) - Spouse purchased property during our marriage but my name was not on the deed or mortgage. The only thing I care about is that my son has a place to live if I’m not around, that he inherits half. I think that tenancy by entirety means spouse gets 100%, son 0%? Is that what the
- [Will my children get my inheritance from my father if I die before him?](https://www.beliveaulaw.net/2022/08/will-my-children-get-my-inheritance-from-my-father-if-i-die-before-him/) - My father has a will. His will states when he passes, my two siblings and I will each get an equal share of his money. He does not mention anything about his grandchildren or what would happen if one of his children passes before he does. If I pass before my dad, when he passes
- [A lady my mom trusted, mom passed 2018, to date no payments. How do I get land back?](https://www.beliveaulaw.net/2022/07/9323/) - I just would like to get my land back now. No improvements, it’s basically abandoned. What can I do to get title into my name? ANSWER BY MARGARET CROSS-BELIVEAU: The debt owed to your mother is now owned by your mother's estate. You will need to consult with a Florida litigation attorney. (I am assuming
- [How do I find out if I was removed has beneficiary on my mother's traditional IRA plan?](https://www.beliveaulaw.net/2022/07/how-do-i-find-out-if-i-was-removed-has-beneficiary-on-my-mothers-traditional-ira-plan/) - Did my sister remove me as a beneficiary from my mother's traditional IRA plan in Florida right before my mom passed? Sis had POA over mom that would make my sis primary beneficiary. ANSWER BY MARGARET CROSS-BELIVEAU: If you call the company that is holding the funds and it won't speak with you, then you
- [Would backdated pension payments be exempt from probate?](https://www.beliveaulaw.net/2022/07/would-backdated-pension-payments-be-exempt-from-probate/) - The pension company sent a letter stating that my relative’s estate is owed payments dating back to 2018. His only creditors are from the hospital stay prior to death. Do these funds need to be listed as an asset and go through probate? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, the funds would go through probate. Follow
- [Dead relative no will but owned property?](https://www.beliveaulaw.net/2022/07/dead-relative-no-will-but-owned-property/) - A close relative of mines passed away. There was a property in their name. Unfortunately, my name wasn't added to the deed before the person passed away. I am wondering if probate court would be simple since the person did not owe any debt, no kids, no spouse and nobody in the family wants anything
- [Do I have the same rights as my husband on life estate?](https://www.beliveaulaw.net/2022/07/do-i-have-the-same-rights-as-my-husband-on-life-estate/) - My husband died. His brother’s name on deed for life estate. Do I have the same rights? ANSWER BY MARGARET CROSS-BELIVEAU: A life estate grants the life tenant the right to live in the property for his lifetime. The other owner of the property is called the remainderman because he gets the remainder. Once the
- [Is it okay to name a revocable trust as beneficiary of a bank account if the bank does not allow trusts to own accounts?](https://www.beliveaulaw.net/2022/07/is-it-okay-to-name-a-revocable-trust-as-beneficiary-of-a-bank-account-if-the-bank-does-not-allow-trusts-to-own-accounts/) - Many online-only banks offer higher interest rates for online savings accounts but I found that most of these banks do not allow accounts to be owned by a trust. If I list my trust as beneficiary, is it just as good as having the trust own the account? ANSWER BY MARGARET CROSS-BELIVEAU: Naming the trust
- [If 2 parties were named trustees of an irrevocable trust, do we apply for the EIN with 2 responsible parties?](https://www.beliveaulaw.net/2022/07/9321/) - My parents set up an irrevocable trust with my brother and I as Trustees. We have to open a trust bank account and therefore need to apply for and EIN to open the account. Does the application for EIN allow for designation of 2 trustee and both social security numbers? We only need the EIN
- [How do I find my father's trust dated 1969 that is the beneficiary of a term life policy?](https://www.beliveaulaw.net/2022/07/9319/) - My father passed away recently. Most of his estate is under a trust that we know about. However, there is a term life policy he owned that has as its beneficiary a trust in my father's name, under indenture, dated 1969. My mother and their current estate lawyer have no clue about this trust or
- [Can we legally move any of my elderly terminally ill father’s money, before he has to start paying out of pocket for 24/7 care?](https://www.beliveaulaw.net/2022/07/9317/) - My dad never did a will, and never wanted to talk about it when brought up, but he wanted his money to go to his children. My brother’s name is on his accounts, so can any of that money be gifted to us, before the nursing home takes it all, and he’s flat broke within
- [Can children of divorced parents trade quitclaim deeds on respective parent's houses upon their death.](https://www.beliveaulaw.net/2022/07/9315/) - Both adult children are 50/50 beneficiaries of divorced parent's houses. Both adult children are living in either the mom's or dad's house. The mom where my sis lives just died. Sis wants to stay there. The houses are the same in value. Can we trade our quick claims to the houses so she stays at
- [How can I change my name of a deed since I got married?](https://www.beliveaulaw.net/2022/07/how-can-i-change-my-name-of-a-deed-since-i-got-married/) - My deed needs to be updated to reflect my last name due to marriage in my revocable trust. ANSWER BY MARGARET CROSS-BELIVEAU: Your name change does not affect the ownership rights. At the time of the sale or transfer out of your revocable trust, the new deed with state your new name and your former
- [Making The Most of Restricted Stock and RSUs](https://www.beliveaulaw.net/2022/07/making-the-most-of-restricted-stock-and-rsus/) - Restricted stock and restricted stock units (RSUs) are two alternative forms of employee compensation. They’re a way for a company to incentivize employees with equity in the company. Restricted stock is typically granted as a type of bonus or added compensation, using a vesting schedule. You receive partial ownership of the shares and may be
- [Do disable citizens have to pay real estate tax?](https://www.beliveaulaw.net/2022/07/do-disable-citizens-have-to-pay-real-estate-tax/) - ADDITIONAL INFORMATION: My mom passed away. She left me a condominium. I’m receiving SSDI. Do I have to pay real estate tax on the property I inherited? ANSWER BY MARGARET CROSS-BELIVEAU: You can check with the town assessor's office to see if you qualify for an exemption. Generally, those are granted to people who are
- [I own two rental properties and wondered if there would be any advantage to putting my adult daughter on the deed with me?](https://www.beliveaulaw.net/2022/07/i-own-two-rental-properties-and-wondered-if-there-would-be-any-advantage-to-putting-my-adult-daughter-on-the-deed-with-me/) - Asked in Massachusetts Does the fact that my daughter is on the deed make it easier for her to sell the property when I die? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, adding a child onto a deed will avoid having the asset go through probate. However, it does comes with risks. What if your daughter predeceases
- [Including Life Settlements in Your Estate Plan](https://www.beliveaulaw.net/2022/07/including-life-settlements-in-your-estate-plan/) - If you have a life insurance policy you no longer need, you may be able to sell it for significantly more than its cash surrender value (CSV). A life settlement is the sale of a life insurance policy to a third party. The sale can provide the policy holder with more than the CSV and
- [Why wouldn't I be included, for any inheritance or possessions my Step-Dad had when he passed away on Feb 18,2020?](https://www.beliveaulaw.net/2022/07/why-wouldnt-i-be-included-for-any-inheritance-or-possessions-my-step-dad-had-when-he-passed-away-on-feb-182020/) - My Step-Dad passed away, and he was still living with my Mom . They lived together for 40+ years. About their 35th year, the did a fast marriage thru a Magistrate judge, and afterwards, they divorced, mom and Dad both told me it was because of how much the Ins. Premium went up in cost,
- [Hired a lawyer to add to the deed of the house, lawyer got us a letters of authority for personal representative](https://www.beliveaulaw.net/2022/07/hired-a-lawyer-to-add-to-the-deed-of-the-house-lawyer-got-us-a-letters-of-authority-for-personal-representative/) - Asked from Boston, Massachusetts: Dad died in 2020, mom was not on the mortgage or deed. Dad did not have a will, or look over this information before passing. We went to a lawyer asking to be added to the deed, so my mom could sell the house. (She's been paying the mortgage for almost
- [Will my deceased sister’s ex-husband be able to claim her inheritance ( sale of my mom‘s house) from mother ?](https://www.beliveaulaw.net/2022/07/will-my-deceased-sisters-ex-husband-be-able-to-claim-her-inheritance-sale-of-my-moms-house-from-mother/) - ADDITIONAL INFORMATION: My mom passed away with no will and the deed to her house in Massachusetts should be split three ways between my brother my sister and I but my sister passed away in 2016 her husband remarried in 2017 they have one child who is 40. Who will get her portion her ex-husband
- [RMDs Now Required For Death Beneficiaries](https://www.beliveaulaw.net/2022/07/rmds-now-required-for-death-beneficiaries/) - If you inherited an IRA after January 1, 2020, you might be in for a surprise. Under proposed rules issued in February 2022, you might have to start withdrawing that money now. The shift comes as a shock for many. When the Secure Act passed in 2019, it required most death beneficiaries to fully withdraw
- [House Passes Secure Act 2.0](https://www.beliveaulaw.net/2022/07/house-passes-secure-act-2-0/) - The House of Representatives overwhelmingly approved a bill designed to improve retirement savings. The Securing Strong Retirement Act of 2022, also called Secure Act 2.0, was approved with a bipartisan vote of 414-5. Next, the legislation heads to the Senate. However, lawmakers there have a retirement reform package of their own. Analysts say there’s about
- [How To Protect Your Child’s Inheritance From Their Spouse](https://www.beliveaulaw.net/2022/05/how-to-protect-your-childs-inheritance-from-their-spouse/) - One concern we hear in the estate planning process is how to protect an adult child’s inheritance from their spouse. Sometimes this stems from a place of animosity or concern over a child’s problem partner. Some people are concerned about divorce-proofing the assets they’ll leave behind for their kids. Still others simply believe that inheritances
- [Making It Easier For Loved Ones To Settle Your Estate](https://www.beliveaulaw.net/2022/04/making-it-easier-for-loved-ones-to-settle-your-estate/) - For many people, estate planning is about more than transferring assets after you’re gone. It can be about making life easier on your survivors and smoothing the way for your loved ones at what is sure to be a difficult time. If that’s one of the “gifts” you’d like to leave behind, consider taking the
- [Using Intrafamily Loans In Your Estate Plan](https://www.beliveaulaw.net/2022/04/using-intrafamily-loans-in-your-estate-plan/) - Interest rates are still at historic lows, despite an expected Federal Reserve rate hike. At times like these, families have a unique opportunity to transfer wealth via an intrafamily loan. An intrafamily loan is a way for family members to loan money to each other at a special rate. They might be used to help
- [Know Your Deeds: An Overview of Deed Types in Massachusetts](https://www.beliveaulaw.net/2021/08/know-your-deeds-an-overview-of-deed-types-in-massachusetts/) - What Is a Deed? While the ‘title’ to a property is the abstract concept of rightful ownership, a deed is a legal document recognizing an individual’s, individuals’, or legal entity’s ownership of a property. A deed will include a detailed description of the property, including property lines, and name the seller (grantor) and buyer (grantee).
- [The Afterlife of Litigation: What You Need to Know About Inheriting a Lawsuit](https://www.beliveaulaw.net/2021/08/the-afterlife-of-litigation-what-you-need-to-know-about-inheriting-a-lawsuit/) - What to Do When Probate Meets Civil Litigation Civil litigation and the probate process: both can potentially drag out for months, if not years; both cost those involved dearly in both financial and emotional terms; both can be made less likely, or less painful, by careful planning and consultation with skilled legal representation. Yet, even
- [Manage Your Business's Unemployment Taxes](https://www.beliveaulaw.net/2021/07/manage-your-businesss-unemployment-taxes/) - As a business owner, you’re required to pay three different types of payroll taxes. FICA (Federal Insurance Contributions Act) is the tax used to fund Social Security and Medicare programs. FUTA (Federal Unemployment Tax Act). Employers pay this federal tax to provide unemployment benefits to laid-off workers. SUTA (State Unemployment Tax Act). State governments also
- [Common Tax Mistakes When Selling a Home](https://www.beliveaulaw.net/2021/07/common-tax-mistakes-when-selling-a-home/) - With home sales booming throughout much of the country, you may decide that now's the right time to put your abode on the market. If you do put your primary residence up for sale, try to steer clear of the following mistakes. Not qualifying for the home sale exclusion. If you’ve owned and used your
- [Small Business IRS Audit Mistakes](https://www.beliveaulaw.net/2021/07/small-business-irs-audit-mistakes/) - In late 2020, the IRS announced that it will increase tax audits of small businesses by 50 percent in 2021. Here are several mistakes to avoid if you do get audited by Uncle Sam. Mistake: Missing income. A long history of investigating has led IRS auditors to focus on under-reported income. If you’re a business
- [Good Debt Versus Bad Debt](https://www.beliveaulaw.net/2021/07/good-debt-versus-bad-debt/) - How to tell the difference Not all debt is created equal. Knowing the difference can change the way you look at your spending. Good debt adds value Good debt often leads to financial growth, because the product or service being purchased adds more value than the debt that comes with it. Student loans are usually
- [Ideas to Lower Your 2021 Tax Bill](https://www.beliveaulaw.net/2021/07/ideas-to-lower-your-2021-tax-bill/) - Now is the time to begin tax planning for your 2021 return. Here are some ideas: Contribute to retirement accounts. Tally up all your 2021 contributions to retirement accounts so far, and estimate how much more you can stash away between now and December 31. So consider investing in an IRA or increase your contributions
- [What Small Business Owners Need to Know about COVID-19 Relief Bills](https://www.beliveaulaw.net/2021/07/what-small-business-owners-need-to-know-about-covid-19-relief-bills/) - Unprecedented Times; Unprecedented Aid Beginning in March 2020, Congress moved swiftly to offer relief from the financial hardships of the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security Act (also known as the CARES Act) was signed into law on March 27, 2020. It directed two trillion dollars in funding towards seven key areas:
- [Protecting your home-based business from legal claims](https://www.beliveaulaw.net/2021/06/protecting-your-home-based-business-from-legal-claims/) - Many more people are creating home-based businesses or adding another gig to their repertoire these days. But many of those entrepreneurs do not realize that the same legal requirements apply to them as to any other business. A business attorney can help you make sure your ducks are in a row. Currently, the SBA has
- [Small businesses sued over ADA website compliance](https://www.beliveaulaw.net/2021/06/small-businesses-sued-over-ada-website-compliance/) - Around 60 small businesses in Colorado have been sued by an out-of-state law firm over alleged violations of the Americans with Disabilities Act. The businesses claim that the New Jersey-based law firm is targeting small-to-medium-sized businesses. The lawsuits claim that the businesses have websites that are not compliant with the ADA. Blanchard Family Winery, which
- [Forgiveness application available for smaller PPP loans](https://www.beliveaulaw.net/2021/06/forgiveness-application-available-for-smaller-ppp-loans/) - A simpler forgiveness application for Paycheck Protection Program loans of $50,000 or less has been issued by the Small Business Administration (SBA). The prior version of the application had more complex documentation requirements and required several calculations that have now been removed. Instead of the calculations, the new form asks borrowers to confirm that the loan was
- [How does working from home affect homeowners’ insurance?](https://www.beliveaulaw.net/2021/06/how-does-working-from-home-affect-homeowners-insurance/) - Businesses across the country have moved many of their professionals into work-from-home arrangements. That has led to some confusion as to who’s liable and whose insurance will pay out in the case of injury or property damage. Generally speaking, if your business has full-time employees who now work from home, your workplace coverage should extend
- [Required Minimum Distribution (RMD)? What are the new rules for RMDs? How do you calculate RMDs?](https://www.beliveaulaw.net/2021/06/required-minimum-distribution-rmd-what-are-the-new-rules-for-rmds-how-do-you-calculate-rmds/) - Planning Your Estate Around IRAs: What You Need to Know About Required Minimum Distributions With the decline of employer-funded pensions, and the steady decrease of Social Security checks’ purchasing power compared against inflation, an individual retirement account (IRA) has proven to be an important part of millions of Americans’ retirement savings. However, an IRA is
- [Ideas to Identify and Manage Problem Accounts](https://www.beliveaulaw.net/2021/06/ideas-to-identify-and-manage-problem-accounts/) - As a small business, once you decide to extend credit to a customer, you now have a financial stake in continuing that relationship even if you suspect there might be trouble brewing. While you don’t want to crack down on a good customer too hard, too soon, you also don’t want to be taken advantage
- [The Hidden Tax Consequences of Cryptocurrency](https://www.beliveaulaw.net/2021/06/the-hidden-tax-consequences-of-cryptocurrency/) - You may recognize the name Bitcoin and maybe even Ethereum, but what about Litecoin, Dogecoin or Ripple? These are just some of the more than 4,500 cryptocurrencies available today. There are hidden tax complications, however, associated with every cryptocurrency transaction. Here’s what you need to know. Every transaction has a tax consequence. The IRS treats
- [How to Roll with a Continuous 12-Month Forecast](https://www.beliveaulaw.net/2021/06/how-to-roll-with-a-continuous-12-month-forecast/) - Tax and financial planning is a year-round proposition. In fact, you can benefit personally from a continuous, 12-month rolling forecast, much like a business does. What is a rolling forecast? Rolling forecasts let you continuously plan with a constant number of periods 12 months into the future. For example, on January 1, you would plan
- [Hire Your Kids for Tax Savings](https://www.beliveaulaw.net/2021/06/hire-your-kids-for-tax-savings/) - Summer’s almost here, and soon most children will be on their long-awaited summer vacation. If you own or manage a business, have you thought of hiring your children, nieces, or nephews for a summer job? If you do it right, it can be a win-win situation for everyone. The kids will earn some money and
- [The Wonderful World of Podcasts](https://www.beliveaulaw.net/2021/06/the-wonderful-world-of-podcasts/) - It’s an audiobook! It’s a radio show! No, it’s a podcast! Podcasts have taken the world by storm over the past decade. Whether you’re a seasoned podcast consumer or first-time listener, navigating the podcasting landscape can be overwhelming. Here is what you need to know. Podcast basics Its beauty comes from its simplicity – the
- [Know This Number!](https://www.beliveaulaw.net/2021/06/know-this-number/) - Knowing your net worth and understanding how it is changing over time is one of the most important financial concepts that everyone needs to understand. This number is used by banks, mortgage companies, insurance companies and you! Your net worth impacts your credit score, which in turn impacts your interest rates and things as mundane
- [What’s in a Title? What Massachusetts Homebuyers Need to Know About Deeds, Titles, and Searching for Both.](https://www.beliveaulaw.net/2021/06/whats-in-a-title-what-massachusetts-homebuyers-need-to-know-about-deeds-titles-and-searching-for-both/) - Know Before You Buy When buying a home, especially if this is your first time, you may feel overwhelmed by all the new terms entering your vocabulary, terms which seem interchangeable to you but may have very different legal meanings. This is perfectly normal. In this article, we will set out for you the difference
- [When Does a Text Message Become a Contract?](https://www.beliveaulaw.net/2021/05/when-does-a-text-message-become-a-contract/) - Group Chats, Emoticons, and Breach of Contract: When Does a Text Message Become a Contract? New Technologies, Established Obligations New media and technology have transformed the way we do business as compared not only to twenty years ago, but even as compared to ten or five years ago. Emails, social media posts, and even text
- [The Art of Bill Paying](https://www.beliveaulaw.net/2021/05/the-art-of-bill-paying/) - Paying bills is an inevitable part of everyday life, but that doesn’t mean it has to be stressful. Here are some ways to get control of your budget and perfect the art of stress-free bill paying. Make a budget. Knowing what you are making and what you are spending is essential to proper bill paying.
- [Taxes: These Basics are for Everyone](https://www.beliveaulaw.net/2021/05/taxes-these-basics-are-for-everyone/) - Understanding how our tax system works can be tricky for anyone. Whether you're an adult who never paid much attention to the taxes being withheld from your paycheck or a kid who just got his or her first job, understanding the basics can help refine and define questions you may have. Many schools don't teach
- [Building a Fortress Balance Sheet](https://www.beliveaulaw.net/2021/05/building-a-fortress-balance-sheet/) - The best way to weather a storm is often by being prepared before the storm hits. In the case of small businesses, this means building a fortress balance sheet. What is a fortress balance sheet? This long-standing idea means taking steps to make your balance sheet shockproof by building liquidity. Like a frontier outpost or
- [Helping Your Fellow Business Owner](https://www.beliveaulaw.net/2021/05/helping-your-fellow-business-owner/) - Your firm survived 2020. Now you may be asking yourself when will the economy return to pre-pandemic levels? Will it be this fall? A year from now? Longer? Until the economy fully emerges from the pandemic, small businesses can help one another stay afloat. By collaborating with other like-minded firms, your business can find creative
- [Tax History Trivia!](https://www.beliveaulaw.net/2021/05/tax-history-trivia/) - With the IRS moving tax day back for all U.S. filers for the second time in as many years, it’s time once again for a fun diversion by looking back at tax history! Test your tax knowledge using these questions to stump your friends and family. In 1861, President Abraham Lincoln enacted a flat tax
- [Home Improvement Contracts: What Does Prompt Payment Mean?](https://www.beliveaulaw.net/2021/05/home-improvement-contracts-what-does-prompt-payment-mean/) - Believing Before Seeing? How You Can Handle Home Improvement Contractor Payment Disputes Home Is Where the Legal Liability Is As the old saying goes, a man’s home is his castle—or a woman’s home is her castle, as the case may be. A home is also the largest single investment most of us will ever make
- [Tips for DIY home remodeling projects](https://www.beliveaulaw.net/2021/05/tips-for-diy-home-remodeling-projects/) - As people spend more time at home, DIY projects are on the rise. But even if you’re trying your hand at doing it yourself, you need to meet certain local requirements. A permit for any remodeling project is issued by the local building department. If you’re doing the work on your own, you should request
- [Is title theft cause for concern?](https://www.beliveaulaw.net/2021/05/is-title-theft-cause-for-concern/) - You may have heard advertisements warning you that thieves can steal your home by forging your name on a deed. Purportedly, these bad actors can then resell the property or take out a mortgage loan to drain the equity and “stick” you with the mortgage payments. In such cases, the forger hasn’t actually acquired the
- [Landlord and tenant rights in bankruptcy](https://www.beliveaulaw.net/2021/05/landlord-and-tenant-rights-in-bankruptcy/) - As of press time, the CDC had barred residential landlords from evicting most tenants through December 31, 2020. Other eviction bans may apply in your situation, and it’s possible the federal ban could be extended. However, the rules will inevitably expire, and there are several important things tenants and landlords need to know about their
- [Emerging law protects inherited property](https://www.beliveaulaw.net/2021/05/emerging-law-protects-inherited-property/) - When a property owner dies without a will, the real estate passes to his or her heirs as tenants in common. This is known as “heirs’ property.” If one of these tenants wants to sell but the others won’t agree, a tenant can file a partition lawsuit to force a sale of the property in
- [‘Renter’s Choice’ laws gaining steam](https://www.beliveaulaw.net/2021/05/renters-choice-laws-gaining-steam/) - In October, the Atlanta City Council unanimously approved legislation that would allow tenants to pay their security deposit in installments, or purchase security deposit insurance, in lieu of an up-front cash payment. Atlanta is the second city to pass this type of “Renter’s Choice” law, following Cincinnati in January 2020. More could be coming. Landlords
- [Remote work practices driving housing demand in suburbs](https://www.beliveaulaw.net/2021/05/remote-work-practices-driving-housing-demand-in-suburbs/) - Remote work practices may be sparking a new residential trend away from urban areas. City dwellers, accustomed to living in small, high-priced apartments, are now looking for bigger spaces in the suburbs. Rents are rising in suburban markets outside major cities, such as Washington D.C., San Francisco and Los Angeles, according to data firm CoStar
- [What's a health care proxy and why do I need one?](https://www.beliveaulaw.net/2021/04/whats-a-health-care-proxy-and-why-do-i-need-one/) - If you become incapacitated, who will make your medical decisions? A health care proxy allows you to appoint someone else to act as your agent for medical decisions. It will ensure that your medical treatment instructions are carried out, and it is especially important to have a health care proxy if you and your family may
- [More skilled nursing coverage for Medicare beneficiaries?](https://www.beliveaulaw.net/2021/04/more-skilled-nursing-coverage-for-medicare-beneficiaries/) - The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns or other health system disruptions. In such cases, Medicare beneficiaries who qualified for skilled nursing facility (SNF) coverage may be eligible for
- [Should you sell your life insurance policy?](https://www.beliveaulaw.net/2021/04/should-you-sell-your-life-insurance-policy/) - Older Americans with a life insurance policy that they no longer need have the option to sell the policy to investors. These transactions, called "life settlements," can bring in needed cash, but are they a good idea? If your children are grown and your mortgage is paid off, you may decide that there is no
- [Estate planning when you have a stepfamily](https://www.beliveaulaw.net/2021/04/estate-planning-when-you-have-a-stepfamily/) - Ideally, a second marriage that joins two families together is a joyous occasion that creates one bigger family unit. Unfortunately, it too often also can eventually produce inheritance fights between stepparents and children. A good estate plan is necessary to help avoid these types of family squabbles. When two people marry who both have children
- [Providing for a caregiver child](https://www.beliveaulaw.net/2021/04/providing-for-a-caregiver-child/) - Taking care of an aging parent can be a full-time job. Children may have to give up paying jobs in order to provide adequate care. Unfortunately, caregiving is usually unpaid work. Parents who want to compensate a child who takes on the burden of caregiving may do so in one of several ways: Caregiver agreements. Caregiver
- [Verbal Contracts: Are They Enforceable in Massachusetts?](https://www.beliveaulaw.net/2021/04/verbal-contracts-are-they-enforceable-in-massachusetts/) - Is Your Word Your Bond? Our parents taught us to be people of our word—to mean what we say and say what we mean. For most situations in life, it is enough to give your word to enter into an agreement—from who will take out the trash this week to where to meet for dinner.
- [Don't Overlook Renters Insurance](https://www.beliveaulaw.net/2021/04/dont-overlook-renters-insurance/) - Do you rent an apartment or condo? If so, do you have renters insurance to protect your belongings and to cover you against liability claims? A surprising number of renters don’t bother with insurance. Some assume they’re covered by their landlord’s policy. Wrong! Usually that covers only damage to the building and liability claims against
- [Cross-Training: Essential for Small Business Survival](https://www.beliveaulaw.net/2021/04/cross-training-essential-for-small-business-survival/) - Have you considered cross-training your employees to ensure more than one person knows all key functions? Cross-training can be a win-win situation for you and your employees. Large companies often use it to prepare managers for future promotions. But in small companies, it can be the difference between success and failure. Why companies cross-train Cross-training
- [Businesses Get More Time to Apply For PPP Loans](https://www.beliveaulaw.net/2021/04/businesses-get-more-time-to-apply-for-ppp-loans/) - Legislation provides other business relief provisions Here's what you need to know about the Paycheck Protection Program (PPP) loans and other business relief provisions of the recently-passed American Rescue Plan Act. PPP loan application deadline extended. The deadline to apply for PPP loans is now May 31, 2021. Sick leave extended. If your business provides
- [New Tax Breaks Benefit Millions](https://www.beliveaulaw.net/2021/04/new-tax-breaks-benefit-millions/) - What you need to know The recently-passed American Rescue Plan Act contains several tax breaks for you and your family. Here are the major provisions of the bill that could mean more money in your pocket during the 2021 tax year. Child tax credit (CTC) The CTC for 2021 increases from $2,000 to $3,000 for
- [ALERT! Late Tax Legislation Creating Havoc](https://www.beliveaulaw.net/2021/04/alert-late-tax-legislation-creating-havoc/) - Individual tax return deadline moved to May 17 Congress' recent move to retroactively make a portion of 2020 unemployment income tax-free is creating havoc during this year's tax filing season. Here is what you need to know. Background Unemployment compensation was received by millions of Americans during 2020 because of the pandemic. While unemployment income
- [Non-Compete Agreement Enforcement in Massachusetts: What You Need to Know](https://www.beliveaulaw.net/2021/04/non-compete-agreement-enforcement-in-massachusetts-what-you-need-to-know/) - In many industries, non-compete agreements are a standard part of employee contracts. However, until subject to such an agreement, or until responsible for enforcing it, most people will not give a non-compete clause a second thought. Whether you are seeking to enforce a non-compete agreement against a former employee, or whether you have been subjected
- [SEC expands accredited investor definition](https://www.beliveaulaw.net/2021/04/sec-expands-accredited-investor-definition/) - In order to participate directly in private equity markets, individuals must meet the Security Exchange Commission’s definition of an “accredited investor.” Now, new rules have expanded that definition, opening a few more opportunities for investment in private equity and hedge funds. Previously, requirements were based largely on financial status. An individual needed an annual income
- [Moving? Remember to unpack that estate plan](https://www.beliveaulaw.net/2021/04/moving-remember-to-unpack-that-estate-plan/) - There’s a lot to think about when you move. In all the hustle and work of a relocation, certain things can get forgotten. Once you have the utilities on and the boxes unpacked, it’s time to have your estate planning documents reviewed by an attorney in your new home state. Here’s a list of updates
- [Don’t shut me down: Planning for digital assets](https://www.beliveaulaw.net/2021/04/dont-shut-me-down-planning-for-digital-assets/) - In a world gone increasingly remote, managing your digital assets has become an even more important part of estate planning. From email accounts to digital photos and cloud-based storage, almost everyone owns some kind of digital asset. Terms-of-service agreements and privacy policies govern these accounts and generally expire when you die. That means surviving family
- [Demands for wills surged during pandemic](https://www.beliveaulaw.net/2021/04/demands-for-wills-surged-during-pandemic/) - The COVID-19 pandemic triggered a rise in estate planning, and yet too many Americans still aren’t planning ahead. Last spring, news reports were rife with stories of advisors experiencing a surge in demand for wills and estate planning. Power of attorney and health care directives were also a focus, as people made decisions about who
- [Looking towards estate planning changes under new administration](https://www.beliveaulaw.net/2021/04/looking-towards-estate-planning-changes-under-new-administration/) - Tax changes are expected under the new administration. We don’t know how quickly President Joe Biden will move to enact his tax proposals, or whether the Democrats’ thin margin in Congress will be a moderating force. Many analysts believe that economic recovery will be the administration’s first priority, meaning we might not see immediate action.
- [The Massachusetts Homestead Exemption: How It Works and How It Can Work for You](https://www.beliveaulaw.net/2021/04/the-massachusetts-homestead-exemption-how-it-works-and-how-it-can-work-for-you/) - Protecting Your Home As the saying goes, your home is your castle. It is also the largest asset that many will ever own. In recognition of this, the Massachusetts Homestead Protection Law, passed in 2011, updated existing parts of the Massachusetts General Code to expand and clarify the protections that homeowners in the Commonwealth have
- [States enact COVID-19 liability protections for businesses](https://www.beliveaulaw.net/2021/03/states-enact-covid-19-liability-protections-for-businesses/) - States have started to pass laws to give businesses and health care providers protection against COVID-19-related lawsuits. The goal of these laws is to block businesses from being sued by people who contract the coronavirus under certain circumstances and want to claim that a particular business is at fault. Business have been concerned about COVID-19
- [Security concerns due to remote working continue](https://www.beliveaulaw.net/2021/03/security-concerns-due-to-remote-working-continue/) - A recent Twitter hack affected the accounts of several celebrity figures, including Barack Obama and Kanye West, and highlighted the need for businesses of all types and sizes to stay vigilant about cybersecurity as more workers and vendors work remotely. When shelter-in-place orders arose in March, many businesses very quickly moved to remote work, sending
- [Protecting your e-commerce business from legal pitfalls](https://www.beliveaulaw.net/2021/03/protecting-your-e-commerce-business-from-legal-pitfalls/) - It can be relatively easy to make a website and start an e-commerce business, or to start selling online the same products you already sell in a brick-and-mortar shop. It’s something you can even do on your own, depending on your skills and needs. With more people purchasing online, it can be a great way
- [Living Without a Healthcare Proxy: A Risk to Avoid](https://www.beliveaulaw.net/2021/03/living-without-a-healthcare-proxy-a-risk-to-avoid/) - Your Life, Your Way Healthcare decisions are among the most personal, and most consequential, any of us can make. For many of us, there may come a time when old age, illness, or injury will prevent us from voicing our wishes and concerns about what we prefer for our bodies, or even how we prefer
- [‘Poor performance’ doesn’t justify denial of unemployment benefits.](https://www.beliveaulaw.net/2021/03/poor-performance-doesnt-justify-denial-of-unemployment-benefits/) - A Missouri court recently ruled that a man’s termination for “poor performance” at work didn’t justify a denial of unemployment benefits. The employee, Mark Wayne, was fired in 2019 after being written up several times for mistakes while loading freight. The employer challenged his unemployment claim, arguing that his failure to follow instructions amounted to
- [Starting a Business Now Could Make a Lot of Sense](https://www.beliveaulaw.net/2021/03/starting-a-business-now-could-make-a-lot-of-sense/) - The same factors that we've been dealing with for the past 12 months during the pandemic can also create an opportunity if you are considering starting a small business. Problems create opportunity For one thing, fewer businesses in the marketplace can mean fewer potential competitors. For a start-up company, that can be good news. Also,
- [The $24,000 Tax Time Bomb](https://www.beliveaulaw.net/2021/03/the-24000-tax-time-bomb/) - A terrible tax surprise everyone should know What follows is a true story. A story with a sad ending. But one that has a lesson for everyone. Stick with the story, with a high degree of certainty you probably know someone in this exact situation. The ingredients Back in the 1970s, U.S. Savings Bonds were
- [Get Your Contractor or Employee Classification Right!](https://www.beliveaulaw.net/2021/03/get-your-contractor-or-employee-classification-right/) - Tax challenges can be VERY expensive As a small business owner, you may face the issue of whether to classify workers as employees or as independent contractors. Classifying your workers as independent contractors generally saves you money. That’s because you avoid paying employment taxes and benefits on their behalf. If the IRS determines that you
- [The New World of Bank Reconciliations](https://www.beliveaulaw.net/2021/03/the-new-world-of-bank-reconciliations/) - Here’s a look at the new world of bank reconciliations and some ideas to use to ensure your bank account is accurate. The bank reconciliation purpose In a nutshell, a bank reconciliation ensures your account is accurate. This is done by comparing all your activity with what the bank is reporting. The importance of timely
- [Answers to Common Tax Questions](https://www.beliveaulaw.net/2021/03/answers-to-common-tax-questions/) - With the April 15 tax filing deadline right around the corner, here are answers to some common tax questions. When will I get my refund? The pandemic and additional stimulus payments will, in all probability, delay refund payments. But as of now here are the old wait times to receive your refund. * E-file return
- [Massachusetts Estate Planning: What to Do When Your Health Care Proxy Cannot Be Relied Upon](https://www.beliveaulaw.net/2021/03/massachusetts-estate-planning-what-to-do-when-your-health-care-proxy-cannot-be-relied-upon/) - The Best-Laid Plans You did it. You did what so many of your friends and family members have not, what you yourself dragged your feet on for years longer than you should have. You made arrangements for your estate, appointed a health care proxy, and relaxed, knowing that your family and doctors will have a
- [Dying Without a Will in Massachusetts](https://www.beliveaulaw.net/2021/02/dying-without-a-will-in-massachusetts/) - What Happens When You Can’t Take It with You? As of 2020, up to 60% of Americans had not created a will. While it may seem like a hassle that can be put off for another day, tomorrow is never guaranteed, and the hassle of dying intestate (without a last testament) is far greater than
- [Hiring Family Members - What You Need to Know!](https://www.beliveaulaw.net/2021/02/hiring-family-members-what-you-need-to-know/) - Many business owners hire their children, their spouse, or other family members to work in their business. Sometimes this works out well. Other times it causes problems. Let’s look at the pros and cons of putting family members on your payroll. Hiring your children Hiring your kids for a summer or part-time job usually has
- [Protect Your Tax Return With This Secret Weapon!](https://www.beliveaulaw.net/2021/02/protect-your-tax-return-with-this-secret-weapon/) - The Problem You hang up the phone with a huge smile on your face. You just learned that you’re getting a pretty sizeable tax refund this year. Now all you need to do is kick back and wait a week or two for the IRS to wire the money into your bank account. This good
- [Your Identity is NOT Your Own!](https://www.beliveaulaw.net/2021/02/your-identity-is-not-your-own/) - How companies use your identity and what you can do to protect it. One of the most valuable things you own is YOU. Your identity includes the basics - where you live, your age, and your gender. But it also includes your interests, who you know, and what you buy. So, do you know who
- [Organized Business Records Save Time and Money](https://www.beliveaulaw.net/2021/02/organized-business-records-save-time-and-money/) - Here are some suggestions to help you master the art of documenting and organizing your business now and in the future. Document policies and procedures. Write down daily responsibilities, skills needed to complete tasks related to these responsibilities, and the location of all paper and electronic files. Appoint and cross-train backup staff to ensure these
- [Be Prepared For These Pandemic-Related Tax Surprises](https://www.beliveaulaw.net/2021/02/be-prepared-for-these-pandemic-related-tax-surprises/) - Don’t get shocked by a high tax bill! Be prepared for these pandemic-related tax surprises when you file your 2020 tax return. Taxes on unemployment income. If you received unemployment benefits in 2020, you need to report these benefits on your tax return as taxable income. Check to see if either federal or state taxes
- [4 Ways to Make Sure Your Tax Return Doesn't Get Stuck](https://www.beliveaulaw.net/2021/02/4-ways-to-make-sure-your-tax-return-doesnt-get-stuck/) - Here are four ways to make sure the preparation of your tax return keeps humming along until it gets filed. Keep tax documents in one place. Missing items are one of the biggest reasons filing a tax return gets delayed! Find a place in your home and put all tax documents in this one place
- [COVID Update for Landlords: Eviction Moratoria](https://www.beliveaulaw.net/2021/02/covid-update-for-landlords-eviction-moratoria/) - The State of Affairs Since October As a landlord, you know that expecting and requiring payment on time is not done out of spite or greed. It is a matter of business and, indeed, of making sure that your own family can keep a roof over their heads. After all, you may have your own
- [How to put real estate properties in trust so that your heirs can benefit without having to be involved in day-to-day management of your properties.](https://www.beliveaulaw.net/2021/02/how-to-put-real-estate-properties-in-trust-so-that-your-heirs-can-benefit-without-having-to-be-involved-in-day-to-day-management-of-your-properties/) - Considering Real Estate When Estate Planning Real estate can be the key to financial independence for a lifetime. Through collecting rents and investing in your holdings, you may have built a good life for yourself, your family, and your other loved ones. But managing and maintaining properties is a time-consuming task. You know this. At
- [Allergic tenant has priority over emotional support dog](https://www.beliveaulaw.net/2021/01/allergic-tenant-has-priority-over-emotional-support-dog/) - It’s a complicated balancing act between the comfort of an apartment tenant who has dog allergies and another tenant who needs an emotional support dog. In a recent case, the Iowa Supreme Court decided that a building in Iowa City, Iowa, that typically doesn’t allow pets should not have allowed a new tenant to have
- [The threat of eviction: What renters need to know](https://www.beliveaulaw.net/2021/01/the-threat-of-eviction-what-renters-need-to-know/) - With bans on evictions expected to lift in many places and a backlog in housing courts nationwide, there is a chance for a surge in the number of tenants who are at risk of eviction if additional government support isn’t forthcoming. The rules on eviction depend on where you live. A federal government ban on
- [Foreclosures hit a low, at least for the time being](https://www.beliveaulaw.net/2021/01/foreclosures-hit-a-low-at-least-for-the-time-being/) - The number of foreclosure filings nationwide dipped to a record low as of the mid-point of 2020, according to ATTOM Data Solutions’ Midyear 2020 U.S. Foreclosure Market Report. Filings were down 44 percent over the course of the first six months of the year as compared to the same period of 2019, with a total
- [It’s getting harder to get a jumbo loan](https://www.beliveaulaw.net/2021/01/its-getting-harder-to-get-a-jumbo-loan/) - Prospective home buyers who want to buy luxury homes may now have to meet tougher requirements in order to qualify for a jumbo loan, also known as a jumbo mortgage. A jumbo loan involves financing beyond the limits set by the Federal Housing Finance Agency. This type of mortgage cannot be guaranteed, purchased or securitized
- [Know your rights with vacation rentals](https://www.beliveaulaw.net/2021/01/know-your-rights-with-vacation-rentals/) - More people are seeking out vacation rentals recently for longer stays and single-family living while traveling. A vacation property offers more space, privacy and easier social and physical distancing. In many places, you also get more for your money. If you’re planning to rent a property for your next vacation or an extended stay, it’s
- [How the pandemic may affect long-term care insurance](https://www.beliveaulaw.net/2021/01/how-the-pandemic-may-affect-long-term-care-insurance/) - If you have a long-term care insurance policy, you may wonder how it is affected by the pandemic. If you don’t have a policy, you may wonder if the pandemic will make it more difficult to get one. There are lots of uncertainties regarding COVID-19’s impact on long-term care insurance, but here is some of
- [Medicare's different treatment of post-hospital care options](https://www.beliveaulaw.net/2021/01/medicares-different-treatment-of-post-hospital-care-options/) - Hospital patients who need additional care after being discharged are usually sent to either an inpatient rehabilitation facility (IRF) or a skilled nursing facility (SNF). Although these facilities may look similar from the outside, Medicare offers very different coverage for each. While you may not have a complete say in where you go after a
- [Estate planning essential for unmarried couples](https://www.beliveaulaw.net/2021/01/estate-planning-essential-for-unmarried-couples/) - While estate planning is important for married couples, it is arguably even more critical for couples who live together but aren’t married. Without an estate plan, unmarried couples won’t be able to make end-of-life decisions or inherit from each other. Estate planning serves two main functions: determining who can make decisions for you if you
- [Make Preparations for Form 1099s This Year](https://www.beliveaulaw.net/2021/01/make-preparations-for-form-1099s-this-year/) - Be looking for new Form 1099-NEC! Here are three tasks to consider that will make meeting your business's information reporting requirements less stressful this tax season. Review your general ledger. Even if you've already identified 1099 vendors in your payables system, review current year expenses to make sure no new or infrequent payments have been
- [Seven Tips For Financial Wellness In 2021](https://www.beliveaulaw.net/2021/01/seven-tips-for-financial-wellness-in-2021/) - Common New Year’s resolutions are to lose weight or become more active. Perhaps 2021 is the year to shift focus. Here are seven tips to help you become more financially fit. Create a budget. It’s easy to get into financial trouble if you spend more than you earn. By watching your budget more carefully, you
- [Uncle Sam's New Year's Resolutions](https://www.beliveaulaw.net/2021/01/uncle-sams-new-years-resolutions/) - As new year's celebrations are in the rearview mirror, it's nice to continue celebrating the resolutions that we are definitely going to achieve! So we asked Uncle Sam - yes that Uncle Sam - what his new year's resolutions were. This is what he told us... Help the federal government spend less money than it
- [2021 Retirement Plan Limits](https://www.beliveaulaw.net/2021/01/2021-retirement-plan-limits/) - As part of your 2021 tax planning, now is the time to review funding your retirement accounts. By establishing your contribution goals at the beginning of each year, the financial impact of saving for your future should be more manageable. Here are annual contribution limits for 2021: Take action If you have not already
- [PPP Loan Expenses Are Now Tax Deductible](https://www.beliveaulaw.net/2021/01/ppp-loan-expenses-are-now-tax-deductible/) - If you or your business received funds from the Paycheck Protection Program (PPP), the recently passed Emergency Coronavirus Relief Act of 2020 will help to dramatically cut your tax bill. Here’s what you need to know. Background The PPP program was created by the CARES Act in March 2020 to help businesses which were adversely
- [More Stimulus Payments on the Way](https://www.beliveaulaw.net/2021/01/more-stimulus-payments-on-the-way/) - What you need to know NOW! You could soon see another stimulus payment in your bank account with the recent passage of the Emergency Coronavirus Relief Act of 2020, which means more direct relief to you and your family. Here are some of the major points you need to know that are buried inside this
- [Living with your parents (or adult children)](https://www.beliveaulaw.net/2020/12/living-with-your-parents-or-adult-children/) - The way families are living in the day to day has changed dramatically over the past several months due to the pandemic. Most families have one or more parents working remotely, and many have one or more children in school remotely, part-time if not all of the time. The situation has also made it challenging
- [Addressing PPP loans in ownership transitions](https://www.beliveaulaw.net/2020/12/addressing-ppp-loans-in-ownership-transitions/) - By the end of June 2020, the U.S. Small Business Administration had approved nearly 4.9 million Paycheck Protection Program (PPP) loans. Some of the businesses that applied for those loans are either in the process of a “change in ownership” or see the current climate as an opportunity to transfer value to their heirs. Estate
- [The issue of too much money in one investment](https://www.beliveaulaw.net/2020/12/the-issue-of-too-much-money-in-one-investment/) - Some households find themselves with a large investment in one single stock. That can happen when a great investment takes off (think: Apple or Amazon). But concentrated equity positions can also occur through employee compensation arrangements or inheritance. This can be both good fortune and significant risk. Past performance of a stock is no guarantee
- [Your 401(k) limits may be much higher than you think](https://www.beliveaulaw.net/2020/12/your-401k-limits-may-be-much-higher-than-you-think/) - If you participate in an employer-sponsored 401(k) plan, you can contribute up to $19,500 to your retirement in 2021. But did you know some plans allow you to contribute up to $38,500 more? If you’re looking for increased savings options, find out if your existing plan allows additional after-tax 401(k) contributions. In 2021, after-tax 401(k)s have a total plan maximum of $58,000, including
- [What sort of licensing do you need in Massachusetts before renting out a residential property? What basic regulations do rental properties need to follow?](https://www.beliveaulaw.net/2020/12/what-sort-of-licensing-do-you-need-in-massachusetts-before-renting-out-a-residential-property-what-basic-regulations-do-rental-properties-need-to-follow/) - Who? Me? A Landlord? Real estate can be the key to financial independence and success. While TV might have popularized the “flipper” model of real estate transaction, in which infusions of cash and elbow grease transform run-down properties into glossy sources of resale profit, the old-fashioned practice of landlording is still an attainable, affordable, and
- [Protecting trade secrets when your team works from home](https://www.beliveaulaw.net/2020/12/protecting-trade-secrets-when-your-team-works-from-home/) - Any proprietary information that belongs to your business might be a “trade secret” or protected confidential information. Trade secrets are a type of “intellectual property” owned by your business and they are protected by law. You can require people who work for you to keep trade secrets confidential. Under federal law, a trade secret is
- [Tips for executing agreements electronically](https://www.beliveaulaw.net/2020/12/tips-for-executing-agreements-electronically/) - Electronic execution of agreements is quickly becoming more commonplace in most businesses. But how can you obtain authorized e-signatures and be sure it is a sound agreement? Contract formation is generally governed by state law rules, and the requirements are similar for a virtually executed contract: The agreement must state that the customer consents to
- [Let’s Zoom: The legal challenges of the videoconferencing explosion](https://www.beliveaulaw.net/2020/12/lets-zoom-the-legal-challenges-of-the-videoconferencing-explosion/) - Videoconferencing isn’t exactly new, and many people have been using Skype or FaceTime for face-to-face conversations for quite some time. But it’s no secret that the pandemic opened many more businesses to regular videoconferencing through a host of readily available tools, including Zoom. What many business owners might not be thinking about are the possible
- [Sole Proprietorship: The Good, the Bad, and the Legal Reality](https://www.beliveaulaw.net/2020/12/sole-proprietorship-the-good-the-bad-and-the-legal-reality/) - What Dreams Are Made of? Being your own boss is a dream for many. It is also a pleasant daydream to many more stuck in stifling offices or unfulfilling careers. In addition to freedom from an unsympathetic supervisor’s requirements, owning a business appeals to so many because of the opportunity for greater creative expression in
- [Why You Need a Lawyer for FSBO Residential Transactions](https://www.beliveaulaw.net/2020/12/why-you-need-a-lawyer-for-fsbo-residential-transactions/) - When It Comes to Home Sweet Home, Don’t Go On Your Own Owning a home is not just the dream of millions of Americans, but it is also the key to growing wealth. Purchasing a home is one of the largest expenditures most people will ever make, but it is also the largest investment they
- [Using Depreciation to Control a Loan Forgiveness Tax Surprise](https://www.beliveaulaw.net/2020/12/using-depreciation-to-control-a-loan-forgiveness-tax-surprise/) - Bonus depreciation and Section 179 expense can be a valuable tool to help you manage your business' profit margin this year. Here are some thoughts to consider. The problem Many businesses struggling during the pandemic took out Small Business Association Payroll Protection Program loans (SBA PPP loans). The SBA's willingness to forgive these loans is
- [Ideas For Better Savings Rates](https://www.beliveaulaw.net/2020/12/ideas-for-better-savings-rates/) - Before the housing bubble burst in 2008, you could find high yield savings accounts that were paying rates over 5.0 percent. Today? These same banks are paying less than .10 percent. So where are you supposed to put your money? Is there anywhere else you can put your hard-earned cash and generate a modest return?
- [A Happy Banker Makes for a Happy Business](https://www.beliveaulaw.net/2020/12/a-happy-banker-makes-for-a-happy-business/) - With the onset of COVID-19, small business banks are more nervous about potential loan losses than ever. Here are several tips for your business to maintain a great working relationship with your lender. These same tips can also be used if you want to plant seeds with your banker for potential future loans. Produce timely
- [Common IRS Surprises](https://www.beliveaulaw.net/2020/12/common-irs-surprises/) - No one likes surprises from the IRS, but they do occasionally happen. Here are some examples of unpleasant tax situations you could find yourself in and what to do about them. An expected refund turns into a tax payment. Nothing may be more deflating than expecting to get a nice tax refund and instead being
- [Turn Your Home Office Into a Tax Deduction](https://www.beliveaulaw.net/2020/12/turn-your-home-office-into-a-tax-deduction/) - If you are working from home for the first time in 2020, you may be wondering if your home office is tax deductible. The bad news? If you’re working from home for an employer, you normally can’t deduct your home office expenses. Here’s a quick look at the basic requirements to be able to deduct
- [Who Needs to Shovel that Walkway? Landlord Responsibility for Pathway Maintenance](https://www.beliveaulaw.net/2020/11/who-needs-to-shovel-that-walkway-landlord-responsibility-for-pathway-maintenance/) - Saving Yourself from Slip, Trip, and Fall Lawsuits With colder weather approaching, if you are a Massachusetts residential landlord, it pays to review your responsibilities for clearing snow and other weather-related debris from rental properties. Contrary to what you may assume, Massachusetts law does not specifically assign responsibility for shoveling snow out of walkways or
- [Estate Planning Basics: Comparing Powers of Attorney and Living Wills](https://www.beliveaulaw.net/2020/11/estate-planning-basics-comparing-powers-of-attorney-and-living-wills/) - No Time Like the Uncertain Present to Prepare for the Certain Future While it is always the time to get your affairs in order, since putting off these important decisions can lead to financial and emotional pain for your survivors, the ongoing COVID-19 pandemic has brought mortality to the forefront of many minds and has
- [Retirement Savings Tips for Small Business Owners](https://www.beliveaulaw.net/2020/11/retirement-savings-tips-for-small-business-owners/) - As an owner of a small business, you’ve proven that you’re a self-starter by operating a successful private enterprise. Of equal importance is applying your skills towards saving for your future. Here are some of the most popular tax-advantaged retirement vehicles for small business owners in 2020 and some tips on saving for retirement. Options
- [Steer Clear of Money-Making Scams While You're Stuck at Home](https://www.beliveaulaw.net/2020/11/steer-clear-of-money-making-scams-while-youre-stuck-at-home/) - Scammers are targeting people looking to make money while stuck at home. While there are plenty of legitimate opportunities to earn extra cash, the Federal Trade Commission (FTC) says to steer clear from the following money-making scams: At-Home Medical Billing Businesses. Many medical billing business opportunities are worthless. Their promoters don’t tell the truth about
- [How to Walk the Tightrope When Raising Prices](https://www.beliveaulaw.net/2020/11/how-to-walk-the-tightrope-when-raising-prices/) - Raising prices can be fraught with risk during good economic times. So what happens if you try to raise prices during bad economic times? As Hamlet would say, "Ah, there's the rub." If you raise prices, you risk losing clients to competitors. If you don't, decreasing revenue or rising costs can capsize your company. So
- [Social Security Benefits Increase in 2021](https://www.beliveaulaw.net/2020/11/social-security-benefits-increase-in-2021/) - Estimated average Social Security retirement benefits starting January 2021 All retired workers in 2020 $1,523/mo All retired workers in 2021 $1,543/mo Did you know? You can increase your Social Security retirement benefits by 5-8% when you delay applying until you’re age 70. 1.6% cost of living adjustment for Social Security retirement benefits and SSI payments
- [Saving Too Much Can Sometimes Be Expensive](https://www.beliveaulaw.net/2020/11/saving-too-much-can-sometimes-be-expensive/) - When it comes to money topics, you’re always hearing how to save more. But even with the best of intentions, you can run into trouble when you try to save too much. Here are four ways that savings can get in your way and how you can correct them. Savings that turns into spending. Buying
- [New electronic tools coming into use](https://www.beliveaulaw.net/2020/10/new-electronic-tools-coming-into-use/) - The exploration of digital tools is expanding in ways that that are likely to continue well beyond the current world of social-distancing. The situation is creating change for types of transactions that have traditionally been focused on many in-person meetings and rounds of paperwork and walk-throughs. Sellers, real estate agents and landlords are using a
- [Bill pending in Congress would allow remote online notarizations](https://www.beliveaulaw.net/2020/10/bill-pending-in-congress-would-allow-remote-online-notarizations/) - A bill pending in Congress would approve the use of remote online notarizations, making it easier to close on houses even if you cannot meet in person. The measure, called the “Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020,” would allow every notary across the country to perform remote online notarizations.
- [Fix in stimulus law gives tax benefits to real estate owners](https://www.beliveaulaw.net/2020/10/fix-in-stimulus-law-gives-tax-benefits-to-real-estate-owners/) - Commercial real estate owners can now get big tax benefits, thanks to a fix of a glitch from 2017 contained in the economic stimulus measure passed in late March. A provision in the new law fixed a typo in the 2017 Tax Cuts and Jobs Act, which was intended to allow certain real estate businesses
- [More time for 1031 exchanges, opportunity zone investors](https://www.beliveaulaw.net/2020/10/more-time-for-1031-exchanges-opportunity-zone-investors/) - The IRS is giving investors with like-kind exchange or opportunity zone investment deadlines between April 1 and July 15 more time to complete their deals. The deadline is extended to July 15 for all taxpayers, including trusts, estates, corporations and other non-corporate tax filers. Like-kind exchanges under Section 1031 allow real estate investors to sell
- [Dual agents: When the same realtor represents both the seller and buyer](https://www.beliveaulaw.net/2020/10/dual-agents-when-the-same-realtor-represents-both-the-seller-and-buyer/) - When you sell your house, your real estate agent usually represents you throughout the process. And your agent has a fiduciary duty to you, which means he or she has a responsibility to act in your best interest. It is possible for the seller’s agent to represent the buyer as well. But how does that
- [Free tax preparation help is available to seniors](https://www.beliveaulaw.net/2020/10/free-tax-preparation-help-is-available-to-seniors/) - Seniors and retirees should know that they may be able to use online tax preparation software free of charge. Most low- and middle-income Americans qualify for free help but do not take advantage of it, and all seniors, regardless of their income, are eligible for free counseling assistance from the Internal Revenue Service. The tax
- [Turning 65? You may need sign up for Medicare Part B](https://www.beliveaulaw.net/2020/10/turning-65-you-may-need-sign-up-for-medicare-part-b/) - If you are paying for your own insurance, you may not think you need to sign up for Medicare when you turn 65. However, not signing up for Medicare Part B right away can cost you down the road. You can first sign up for Medicare during your Initial Enrollment Period, which is the seven-month
- [When inheriting real estate, consider your options](https://www.beliveaulaw.net/2020/10/when-inheriting-real-estate-consider-your-options/) - Inheriting real estate from your parents can be both a blessing and a burden. Figuring out what to do with the property can be overwhelming, so it is good to carefully think through all of your choices. There are three main options when you inherit real estate: move in, sell, or rent. Which one you
- [How does the Coronavirus Relief Act affect seniors?](https://www.beliveaulaw.net/2020/10/how-does-the-coronavirus-relief-act-affect-seniors/) - In addition to authorizing direct payments to most Americans, including seniors, the $2 trillion economic relief package that Congress passed to help Americans deal with the devastating financial impact of the coronavirus pandemic changes required retirement plan distributions for this year and includes Medicare-related provisions. Signed into law on March 27, 2020, the Coronavirus Aid,
- [Three changes you may want to make to your estate plan now](https://www.beliveaulaw.net/2020/10/three-changes-you-may-want-to-make-to-your-estate-plan-now/) - The unique aspects of the coronavirus pandemic may make it advisable to review your current estate plan. Language in estate planning documents that is fine under normal conditions may cause problems for you and your loved ones if you fall ill during the pandemic. Look over the following documents to see if they may need updating:
- [States may not terminate Medicaid benefits during coronavirus pandemic](https://www.beliveaulaw.net/2020/10/states-may-not-terminate-medicaid-benefits-during-coronavirus-pandemic/) - Access to affordable medical care is especially important during a health crisis. One of the bills passed by Congress in response to the coronavirus pandemic increases Medicaid funding for states and includes a provision preventing states that accept the additional money from terminating Medicaid benefits while the current emergency continues. The Secretary of Health and
- [How to Build Your Emergency Fund - When You Have No Money](https://www.beliveaulaw.net/2020/10/how-to-build-your-emergency-fund-when-you-have-no-money/) - This year’s pandemic highlights the importance of having enough money set aside in an emergency fund to cover six to nine months of key expenses should you lose your job. But how do you build an emergency fund if you don’t have any extra money? The easiest way to accomplish this is by reducing your
- [Generate Business Buzz With a Press Release](https://www.beliveaulaw.net/2020/10/generate-business-buzz-with-a-press-release/) - When crafting your business's marketing strategy, don't forget about developing a relationship with the press. Although newspapers and magazine circulation has drastically decreased over the past 20 years, the demand for content still exists via online platforms. Here are several suggestions for crafting a press release to tell your business's story and how to best
- [Don't Make These Business Website Mistakes](https://www.beliveaulaw.net/2020/10/dont-make-these-business-website-mistakes/) - Your company’s online presence leaves a lasting impression—positive or negative. When people check out your homepage, will they stick around? Will they buy? Will they return? Make your website easy to use and current, and new orders may be just a click away. Annoy visitors and they’ll flee to a competitor. Steer clear of the
- [Switching Jobs? Here's What To Do With Your 401(k).](https://www.beliveaulaw.net/2020/10/switching-jobs-heres-what-to-do-with-your-401k/) - Suppose you’re switching jobs if you were furloughed because of the pandemic or you’re simply searching for greener pastures. If you have a 401(k) from your soon-to-be former employer, you must decide what to do with your retirement account when you leave. Here are your four options: Leave the money in your previous employer’s pension
- [Is a Tax Trap Lurking in Your Paycheck?](https://www.beliveaulaw.net/2020/10/is-a-tax-trap-lurking-in-your-paycheck/) - Does your paycheck look a little higher than normal? If so, it could be a tax trap. The Problem A payroll tax deferral beginning September 1 was recently signed via a presidential executive order. This deferral of the employee's portion of Social Security will raise your paycheck temporarily until January, 2021. Beginning in 2021, the
- [October 2020](https://www.beliveaulaw.net/2020/10/october-2020/) - This month: October 15 - Extension deadline for individual and C corporation tax returns
- [Borrowing from your retirement due to COVID-19](https://www.beliveaulaw.net/2020/09/borrowing-from-your-retirement-due-to-covid-19/) - When you save for retirement, the goal is to keep the money growing until you are of retirement age. But sometimes unexpected financial crises arise, as is the case with many people due to the pandemic. The CARES Act, which was signed into law in March, offers some relief with expanded withdrawals from IRAs and
- [Tips for succession planning](https://www.beliveaulaw.net/2020/09/tips-for-succession-planning/) - The longevity of a small business depends on a well-thought-out succession plan. For a family business, you want to evaluate who else can run the business and whether you have to look beyond family members as the business grows. An experienced attorney can help the key stakeholders create a succession plan or review your existing
- [When to sell your parents’ home: The tax consequences](https://www.beliveaulaw.net/2020/09/when-to-sell-your-parents-home-the-tax-consequences/) - Let’s say you’ve known for years that you are inheriting your father’s home when he dies. Hopefully, you also know that he has a will that indicates clearly that the house will go to you. Now let’s assume that your father is no longer living in the house and doesn’t need the money from the
- [Patent lawsuits are on the rise](https://www.beliveaulaw.net/2020/09/patent-lawsuits-are-on-the-rise/) - Patent disputes are increasing, according to recent information gathered by Unified Patents, an organization that works to reduce patent abuse. According to the data, nearly 900 district court lawsuits relating to patents were filed in the second quarter of 2019. Patent fights tend to increase when the economy experiences a slowdown. New areas of patents,
- [FTC settles case involving privacy violation on Yelp](https://www.beliveaulaw.net/2020/09/ftc-settles-case-involving-privacy-violation-on-yelp/) - A Federal Trade Commission settlement with a California mortgage broker who posted personal information about consumers on Yelp after they posted negative reviews of his services is a cautionary tale to businesses, which should never publicly disclose clients’ personal information. According to a Department of Justice complaint filed on behalf of the FTC, mortgage broker
- [OSHA increases maximum fines for 2020](https://www.beliveaulaw.net/2020/09/osha-increases-maximum-fines-for-2020/) - The Occupational Safety and Health Administration has boosted its maximum fines for workplace safety violations. The new maximum fine for “serious” violations is $13,500 per violation, while the top fine for “willful” or “repeated” violations is $135,000 per violation. Typically, an OSHA investigation is prompted by a worker contacting OSHA anonymously or an employer filing
- [New rule raises the bar for immigrant investors](https://www.beliveaulaw.net/2020/09/new-rule-raises-the-bar-for-immigrant-investors/) - A new rule raises the minimum amount foreigners need to invest to qualify for a U.S. green card under the EB-5 program. Created in 1992, the program grants green cards to foreign nationals who make the necessary investment in a commercial enterprise in the U.S. In addition to minimum financial benchmarks, the program stipulates that
- [‘Joint employers’ rules clarify FLSA responsibilities](https://www.beliveaulaw.net/2020/09/joint-employers-rules-clarify-flsa-responsibilities/) - New “joint employer” rules make it easier for franchise owners to understand their responsibilities under the federal Fair Labor Standards Act. The final rule from the Department of Labor limits situations in which franchisors and franchisees are considered “joint employers” of workers under the act. It modifies a policy, enacted under the Obama administration, that
- [5 Key Questions to Answer When Creating Your Will](https://www.beliveaulaw.net/2020/09/5-key-questions-to-answer-when-creating-your-will/) - If you don’t want important decisions to be left up to the state when you’re gone, you need a will. If the idea of creating a will feels like you’re tempting fate, think of it as a road map you’re leaving your family, so they don’t have to stress over making the right decisions on
- [Crisis Avoided: Connecting with Your Customers During an Emergency](https://www.beliveaulaw.net/2020/09/crisis-avoided-connecting-with-your-customers-during-an-emergency/) - Worldwide GPS technology giant Garmin became the latest high-profile business to get targeted by cyber criminals. It was widely reported that Garmin suffered a ransomware attack and ultimately paid a ransom of close to $10 million to the perpetrators. While Garmin immediately issued press releases notifying its customers and the public that it was experiencing
- [IRS Rolls Out Quicker Fix for Missing, Incorrect Stimulus Payments](https://www.beliveaulaw.net/2020/09/irs-rolls-out-quicker-fix-for-missing-incorrect-stimulus-payments/) - Are you still waiting for your Economic Impact Payment? Did you get your payment but it was for the wrong amount? The IRS initially said you needed to wait until filing your 2020 tax return to resolve any issues with missing or incorrect Economic Impact Payments. Thanks to the prodding of the Taxpayer Advocate Service,
- [Find a Budget Method That Works](https://www.beliveaulaw.net/2020/09/find-a-budget-method-that-works/) - Which unique method of budgeting will work for you? You have your own unique personality, preferences and lifestyle. Likewise, how you manage and organize your finances can have its own personality, including how you budget. Here are five different methods of budgeting, each with a distinct way of helping you organize your spending and finances.
- [Great Tips to Improve Your Credit Score](https://www.beliveaulaw.net/2020/09/great-tips-to-improve-your-credit-score/) - You’re ready to take out a loan to buy a house, a car or get a credit card. You fill out the application and wait to hear back from your bank on its decision whether to loan you the money. And then you get the dreaded phone call. Your credit score wasn’t high enough to
- [IRS Announces Common Tax Scams](https://www.beliveaulaw.net/2020/09/irs-announces-common-tax-scams/) - The IRS recently announced its 2020 edition of its annual Dirty Dozen list of tax scams with a special emphasis on aggressive and evolving schemes related to COVID-19 tax relief, including Economic Impact Payments. Here are six of the more common scams. Phishing. Phishing refers to potential fake emails or websites looking to steal your
- [September, 2020](https://www.beliveaulaw.net/2020/09/september-2020/) - This month: September 15 - Extension deadline for 2019 S corporation and partnership tax returns - 3rd quarter 2020 estimated income tax is due (individuals, corporations, trusts & estates)
- [How to Eliminate a Tax Surprise](https://www.beliveaulaw.net/2020/08/how-to-eliminate-a-tax-surprise/) - What is normally a reliable estimate of your taxes – the amount of money withheld from your paychecks by your employer – may be an unreliable estimate this year thanks to the current pandemic. Even worse, using the safety net of paying in what you did last year may not be practical if your financial
- [High School Students! Here's How You Can Make College More Affordable.](https://www.beliveaulaw.net/2020/08/high-school-students-heres-how-you-can-make-college-more-affordable/) - Students can earn college credits while still in high school With the cost of college rising rapidly, it can be overwhelming to think about how to pay your way through school for either yourself or your kids. Fortunately, saving hundreds, even thousands, is possible. Teenagers can help keep down the cost of their future college
- [Build a Fortress Defense for PPP Loan Forgiveness](https://www.beliveaulaw.net/2020/08/build-a-fortress-defense-for-ppp-loan-forgiveness/) - More than 70% of small businesses in America now have loan proceeds from the Paycheck Protection Program (PPP) to help retain employees during the current pandemic. The entire amount of a PPP loan is eligible to be forgiven if the funds are used for qualified expenses. Recent legislation liberalizes the terms of loan forgiveness for
- [Don't Make These Mortgage Refinancing Mistakes](https://www.beliveaulaw.net/2020/08/dont-make-these-mortgage-refinancing-mistakes/) - With 30-year fixed rate mortgages approaching historical lows of 3%, you may be thinking about refinancing an existing mortgage. But you better read the fine print before signing on the dotted line to avoid paying too much money. Here are some common mistakes homeowners make when refinancing their mortgage. Not shopping around. When looking to
- [Should You Incorporate Your Business?](https://www.beliveaulaw.net/2020/08/should-you-incorporate-your-business/) - You may have started your business as a simple sole proprietorship that files its taxes as a Schedule C on your Form 1040. As your business grows, you may want to change the structure. Here are several scenarios where it may make sense to do just that. Reasons to Create Business Entities Establishing limited liability.
- [NEW Tax Rules for 2020!](https://www.beliveaulaw.net/2020/08/new-tax-rules-for-2020/) - Here are several new tax laws passed this year to consider as you start planning your 2020 tax obligation. Make up to $300 of charitable contributions. For the 2020 tax year only, an above-the-line deduction of $300 is available to all Americans who want to make a charitable contribution. You can donate to more than
- [Upcoming Dates (9/20)](https://www.beliveaulaw.net/2020/08/upcoming-dates-9-20/) - - September 7 - Labor Day - September 15 - Filing deadline for 2019 calendar-year S corporation and partnership tax returns on extension - September 15 - 3rd quarter installment of 2020 estimated income tax is due for individuals, calendar-year corporations and calendar-year trusts & estates
- [10 Questions To Help You Create Your Will](https://www.beliveaulaw.net/2020/07/10-questions-to-help-you-create-your-will-2/) - A Holistic Approach to Your Affairs For many people, especially those approaching middle- or retirement-age, know they should put together a plan for their estate, but feel overwhelmed by the details and options. They continue to put off estate planning for “another day” until, often, it is too late. Younger people also should consider their
- [Tips for writing off investment property on your taxes](https://www.beliveaulaw.net/2020/07/tips-for-writing-off-investment-property-on-your-taxes/) - You can maximize the return on your real estate investments by knowing the rules for writing them off on your taxes. Taxes on rental income Rental income is taxable as income on your ordinary income tax return, but is not subject to FICA tax. Income on your rental property includes anything paid to you as
- [Legislators work to create new options for security deposits](https://www.beliveaulaw.net/2020/07/legislators-work-to-create-new-options-for-security-deposits/) - Cash security deposits, on top of high rents in most cities, make it difficult for many people to find affordable places to live. State and city lawmakers are working to eliminate the requirement that renters pay the deposits, which can be as much as one to two months’ rent, up front. The bills would require
- [2019 a big year for refinancing, mortgage recovery](https://www.beliveaulaw.net/2020/07/2019-a-big-year-for-refinancing-mortgage-recovery/) - The year 2019 was the best year for mortgages since the crisis in 2006, the Wall Street Journal reported. The lending boom amounted to $2.4 trillion in home loans, an increase of 46 percent since 2018, according to industry research group Inside Mortgage Finance. The trend is expected to continue this year. According to the
- [New tax break for rental real estate owners](https://www.beliveaulaw.net/2020/07/new-tax-break-for-rental-real-estate-owners/) - The IRS recently clarified the terms under which rental real estate owners can qualify for a new tax break under section 199A of the Internal Revenue Code. The section provides a tax deduction of up to 20 percent of an entity’s qualified business income, or QBI, for many owners of pass-through entities, including sole proprietorships,
- [Know the difference between wellness visit and physical](https://www.beliveaulaw.net/2020/07/know-the-difference-between-wellness-visit-and-physical/) - Confusing a wellness visit with a physical could be very costly. As part of the Affordable Care Act, Medicare beneficiaries receive a free annual wellness visit. At this visit, your doctor, nurse practitioner or physician assistant will generally: ask you to fill out a health risk assessment questionnaire; update your medical history and current prescriptions; measure
- [What to look for in a prepaid funeral plan](https://www.beliveaulaw.net/2020/07/what-to-look-for-in-a-prepaid-funeral-plan/) - In addition to making things easier for your family during a difficult time, prepaid funeral plans can also be a good way to spend down money in order to qualify for Medicaid. But the plans come with risks. Consumers lose millions of dollars every year when prepaid funeral funds are misspent or misappropriated. A funeral provider
- [Understanding how assets are distributed in a will](https://www.beliveaulaw.net/2020/07/understanding-how-assets-are-distributed-in-a-will/) - When creating an estate plan, the main decision is how your assets will be distributed after you pass away. The terms "per stirpes" and "per capita" become important when your descendants include children and grandchildren. In a will, these terms are often written as "I leave my [fill in the blank] to my descendants, per
- [Important to know how Medicaid could treat your home](https://www.beliveaulaw.net/2020/07/important-to-know-how-medicaid-could-treat-your-home/) - Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid, but that doesn't mean the house is completely protected. The state will likely put a lien on the house while the resident is living and attempt to recover the property after the resident has passed away. Medicaid (known
- [Big changes come to retirement plans](https://www.beliveaulaw.net/2020/07/big-changes-come-to-retirement-plans/) - The Setting Every Community Up for Retirement Enhancement (SECURE) Act changes the law surrounding retirement plans in several important ways: Stretch IRAS. The biggest change eliminates “stretch” IRAs. Under the previous law, if you named anyone other than a spouse as the beneficiary of your IRA, 401(k) or other tax-favored retirement plan, the beneficiary could
- [10 Questions To Help You Create Your Will](https://www.beliveaulaw.net/2020/07/10-questions-to-help-you-create-your-will/) - Creating a will not at the top of your to-do-list? Maybe it should be! Creating an estate plan is one way to ensure your family is taken care of, and your wishes are carried out in the future. Having a will isn't just for the uber-rich or elderly. In fact, everyone should have a will
- [How can I make sure my son is given to the person I choose if something were to happen to me?](https://www.beliveaulaw.net/2020/07/how-can-i-make-sure-my-son-is-given-to-the-person-i-choose-if-something-were-to-happen-to-me/) - ADDITIONAL INFORMATION: I am a single mother. My son's father hasn't been in his life since he was 4 months old (he will be 6 y/o in 2 weeks). I have no idea where he is, he does not pay child support, and we were never married. If something were to ever happen to me,
- [How does a trustee add a business to a irrevocable trust?](https://www.beliveaulaw.net/2020/07/how-does-a-trustee-add-a-business-to-a-irrevocable-trust/) - ADDITIONAL INFORMATION: To begin I am a trustee to a irrevocable trust, which the grantor set up to transfer a couple of homes he owns. Now the trust says the trustee can buy and add property to the same trust for the benefit of the grantor. The trust grantor has come across a dirt cheap
- [Can a lawyer in Georgia assist me with a partition case for a home/property located in Florida?](https://www.beliveaulaw.net/2020/07/can-a-lawyer-in-georgia-assist-me-with-a-partition-case-for-a-home-property-located-in-florida/) - ADDITIONAL INFORMATION: I am 68. I built a home in Fl. in 2005 where I intended to reside with my son & his wife for the remainder of my life. Shortly after the home was completed, the relationship between myself & my daughter-in-law devolved into an untenable situation. I reluctantly moved out of the home
- [Me and my dad were caregivers to my sick grandmother and she passed.](https://www.beliveaulaw.net/2020/07/me-and-my-dad-were-caregivers-to-my-sick-grandmother-and-she-passed/) - ADDITIONAL INFORMATION: Me and my dad gave care and lived in this home for many years, she was the landlord and owned everything. She has now passed and the family wants to evict us to claim their part of the will. We are all related. We are paying the bills just fine with no problems
- [How to obtain power of attorney on a person hospital has marked incompetent.](https://www.beliveaulaw.net/2020/07/how-to-obtain-power-of-attorney-on-a-person-hospital-has-marked-incompetent/) - ADDITIONAL INFORMATION: Father in-law has just been deemed in competent by the veterans hospital but has no power of attorney over his asset. His wife was able to give power of attorney on his medical aspect but it was stated that she is unable to give power of attorney over his bank accounts and other
- [Can I get sued for moving out of my guardians house after being under guardianship for 18 years?](https://www.beliveaulaw.net/2020/07/can-i-get-sued-for-moving-out-of-my-guardians-house-after-being-under-guardianship-for-18-years/) - ADDITIONAL INFORMATION: When I was 18 months old I was put under my grandparents care under guardianship and now that I am 18 some drama happened and my grandmother told me I have to live with my unfit mother or Oma, and my grandmother says she will take me to court if I try to
- [How can I get medical updates on my mom in hospital when my sister has power of attorney and will not give me the pin code](https://www.beliveaulaw.net/2020/07/how-can-i-get-medical-updates-on-my-mom-in-hospital-when-my-sister-has-power-of-attorney-and-will-not-give-me-the-pin-code/) - ADDITIONAL INFORMATION: Sister and I are fighting. Mom lives in Florida. Mom admitted to hospital and is incapacitated. Sister has power of attorney and will not give me the pin code required by hospital to get information about Moms condition. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: A DPA covers only financial decisions. A
- [How do we legally change a Power of Attorney and Health Care Proxy?](https://www.beliveaulaw.net/2020/07/how-do-we-legally-change-a-power-of-attorney-and-health-care-proxy/) - ADDITIONAL INFORMATION: We want to designate a different person to execute our money and carry out our health wishes. ANSWER BY MARGARET CROSS-BELIVEAU: You will need to execute a new Durable Power of Attorney and a new Health Care Proxy. You will also need to notify in writing the person whom you replaced that he/she
- [In the state of Florida, does the person named in power of attorney have to be a Florida resident?](https://www.beliveaulaw.net/2020/07/in-the-state-of-florida-does-the-person-named-in-power-of-attorney-have-to-be-a-florida-resident/) - ADDITIONAL INFORMATION: I have no relatives here. My sister lives in VA and she is the person I would like to name. ANSWER BY MARGARET CROSS-BELIVEAU: No, your agent does not have to live in the same state as you. If possible, also try to appoint an alternate to your sister. Follow us on Facebook
- [My elderly disabled father has been taken advantage of financially by his tenant/repair man for about $20k. What can be done?](https://www.beliveaulaw.net/2020/07/my-elderly-disabled-father-has-been-taken-advantage-of-financially-by-his-tenant-repair-man-for-about-20k-what-can-be-done/) - ADDITIONAL INFORMATION: My father is in his 70’s, in bad health, physically disabled, with somewhat impaired cognition. He recently hired his tenant do repairs on the property. The tenant has not finished most of the repairs, has taken advantage of my father’s memory by charging him multiple times for the same service, and has sent
- [Will That Be Cash or Barter?](https://www.beliveaulaw.net/2020/07/will-that-be-cash-or-barter/) - How swapping products and services could benefit your business Bartering, the act of trading goods or services with other goods or services instead of money, is more popular than ever. With high unemployment rates and cash flow being stressed, bartering is a good way to create value for your business. The new world of bartering
- [How Stay-at-Home Orders Change Money Habits](https://www.beliveaulaw.net/2020/07/how-stay-at-home-orders-change-money-habits/) - The most fruitful periods of growth often happen when they are the least expected. Teachers and parents call them teachable moments. By reflecting on how you handle the situation, you can learn a lot about yourself. The disruption caused by this year's pandemic is a massive teachable moment for all of us regarding money. Here
- [Small Business Owners Get Good News on PPP Loan Forgiveness](https://www.beliveaulaw.net/2020/07/small-business-owners-get-good-news-on-ppp-loan-forgiveness/) - Small business owners, self-employed workers and freelancers received some welcome news when Congress recently passed the Paycheck Protection Flexibility Act. This new law clarifies how businesses can qualify to have all or a portion of its Paycheck Protection Program (PPP) loan forgiven. Here is what you need to know: December 31, 2020 is the new
- [Help! My Stimulus Payment is Wrong or Missing!](https://www.beliveaulaw.net/2020/07/help-my-stimulus-payment-is-wrong-or-missing/) - Millions of Americans already received their economic impact payment. But what if you're still waiting or your payment was for an incorrect amount? Here are some common scenarios why you may not have received your payment, or the payment you did receive was for an incorrect amount, and what you can do. Your payment was
- [IMPORTANT! You May Owe a Tax Payment This Month](https://www.beliveaulaw.net/2020/07/important-you-may-owe-a-tax-payment-this-month/) - Find out if you owe the IRS an estimated tax payment You may owe the IRS a tax payment for your 2020 tax return and not know it. Most Americans have income taxes withheld from their paychecks, with their employer sending a tax payment to the IRS on their behalf. This year, however, many more
- [July 2020](https://www.beliveaulaw.net/2020/07/july-2020/) - This month: July 15 - Individual income tax returns for 2019 are due - C corporation tax returns for 2019 are due - 1st and 2nd quarter 2020 estimated tax payments due Other July 15 Deadlines - Gift tax returns - 2019 IRA contributions - 2019 HSA contributions
- [Think twice before transferring your home to adult children](https://www.beliveaulaw.net/2020/06/think-twice-before-transferring-your-home-to-adult-children/) - Your home might well be your biggest asset. Many times, parents think about giving their home to their adult children outright while the parents are still alive, or adding their names to the deed. While doing so might avoid probate when you die, it’s also likely to lead to significant gift tax consequences. And if
- [Where can you live to lower your estate tax?](https://www.beliveaulaw.net/2020/06/where-can-you-live-to-lower-your-estate-tax/) - In retirement, you might move to a different state for a wide range of reasons, such as being close to your kids and grandkids, or for a warmer climate. Another key thing to consider is the state estate tax. The federal estate tax applies to all U.S. taxpayers, whether they live in the U.S. or
- [Pandemic downturn opens estate-planning opportunities](https://www.beliveaulaw.net/2020/06/pandemic-downturn-opens-estate-planning-opportunities/) - It’s not new news that many financial investments and bank accounts have taken a hit as a result of the global spread of coronavirus. According to most predictions, it’s likely to take some time for the markets to rally and the economy to pick up again. But there is a silver lining for some taxpayers,
- [Review your estate plan basics](https://www.beliveaulaw.net/2020/06/review-your-estate-plan-basics/) - The Covid-19 pandemic has offered a great reminder to review the elements of your estate plan. Below are some key items to consider. Set up a call with your estate planning lawyer to consider any specific details related to your own plan. Review your health care proxy and power of attorney: Be sure you are
- [How can 2 daughters be removed from a quitclaim without getting a third of my mom's money when she sells her home?](https://www.beliveaulaw.net/2020/06/how-can-2-daughters-be-removed-from-a-quitclaim-without-getting-a-third-of-my-moms-money-when-she-sells-her-home/) - My 85 year old mom is in the process of selling her home. Twenty five years ago she did a quitclaim. She thought she was just signing a form so that her home would go to the three of us when she dies. Now she is ready to come live with me and her money
- [Is it normal/ok to sign receipt of inheritance if I have not gotten the dispersement?](https://www.beliveaulaw.net/2020/06/is-it-normal-ok-to-sign-receipt-of-inheritance-if-i-have-not-gotten-the-dispersement/) - My sister is executrix of our father's estate and I am in NY. She sent me this receipt and is saying she will not disperse the payment until I have signed and sent back this receipt saying I already received this. Can you do that? This seems strange. ANSWER BY MARGARET CROSS-BELIVEAU: When I represent
- [Is a verbal agreement binding?](https://www.beliveaulaw.net/2020/06/is-a-verbal-agreement-binding/) - Mother and stepfather verbally proposed I mothers son would inherit property if I stayed and took care of them..I have now been here 5 years . Mother passed first and now stepfather wants me to pay for the property after I have taken care of just him past 3 1/2 years. He has decided to
- [Parents have different beneficiaries in wills.](https://www.beliveaulaw.net/2020/06/parents-have-different-beneficiaries-in-wills/) - My step mother passed away about 2 months ago and my father is very sick and sedated. They created their wills about 10 years ago and just notarized them shortly before her death. She had expressed wanting to change her beneficiary to my but at the time of her death, it was her sister (secondary
- [Would I lose government benefits such as medicare, medicaid and medical assistance if I have Special Needs Trust?](https://www.beliveaulaw.net/2020/06/would-i-lose-government-benefits-such-as-medicare-medicaid-and-medical-assistance-if-i-have-special-needs-trust/) - I am looking to do Special Needs Trust for family member because she has disability and inherited little bit of money (below $50,000). Her family wants to do a family business. but she can’t be working by herself and managing her money so i think about Special Needs Trust but my concern if she gets
- [Consider going cash-free, with caution](https://www.beliveaulaw.net/2020/06/consider-going-cash-free-with-caution/) - There’s a growing trend toward cashless businesses. From clothing stores to coffee shops to salons, some businesses are implementing cash-free policies. Only credit and debit cards allowed. What’s behind the trend? Cash-free businesses (and credit advocates) say there are a number of benefits: Speed up the checkout process: It’s quicker to swipe or tap a
- [Passage of law to boost retirement savings anticipated by year-end](https://www.beliveaulaw.net/2020/06/passage-of-law-to-boost-retirement-savings-anticipated-by-year-end/) - Retirement plan sponsors have been watching Congress closely, waiting on passage of the Setting Every Community Up for Retirement Enhancement Act. The legislation, designed to boost Americans’ retirement savings, has implications for small businesses and individual savers alike. The bill is considered to have strong bipartisan support, and advocates are optimistic it will pass by
- [New bankruptcy rules give relief to small businesses](https://www.beliveaulaw.net/2020/06/new-bankruptcy-rules-give-relief-to-small-businesses/) - Chapter 11 bankruptcy is not an easy process, and rules have traditionally favored large businesses. Now, distressed small businesses will have a better chance at reorganization under a new subchapter of the federal bankruptcy code. The Small Business Reorganization Act of 2019, which will go into effect on Feb. 19, 2020, makes Chapter 11 reorganization
- [Businesses must take action following new overtime rule](https://www.beliveaulaw.net/2020/06/businesses-must-take-action-following-new-overtime-rule/) - Under new Department of Labor rules, employees who make less than $35,568 are now eligible for overtime pay. Starting January 1 the rule raises the salary cutoff for so-called “white collar” exemptions to $684 a week, up from $455 a week ($23,660 annual). As a result, businesses are advised to evaluate pay rates, hours and
- [What rights do offspring have to deceased parent’s estate?](https://www.beliveaulaw.net/2020/06/what-rights-do-offspring-have-to-deceased-parents-estate/) - ADDITIONAL INFORMATION: My dad passed away in 2010. There was no will (as far as I know). He and his wife (not my mother) bought and owned property together. I have not been in touch with his wife since his passing, but I know she has since sold their house, and has remarried. She has
- [Attorney David Beliveau Named as a 2020 Super Lawyer](https://www.beliveaulaw.net/2020/06/attorney-david-beliveau-named-as-a-2020-super-lawyer/) - We are pleased to announce that David Beliveau has been selected to the 2020 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high
- [What kind of attorney should i be looking for to help with estate affidavit?](https://www.beliveaulaw.net/2020/06/what-kind-of-attorney-should-i-be-looking-for-to-help-with-estate-affidavit/) - ADDITIONAL INFORMATION: My dad passed away in 2006 and apparently had a life insurance policy. My aunt found it recently last year and send me the policy number and company that held the life insurance. I was told i will have to do a transfer of ownership for the policy in order to keep or
- [Parents made wills in 1996. Nothing has changed except their age/health. Any concerns over the validity of the wills?](https://www.beliveaulaw.net/2020/06/parents-made-wills-in-1996-nothing-has-changed-except-their-age-health-any-concerns-over-the-validity-of-the-wills/) - ADDITIONAL INFORMATION: Wills were made and recorded in 1996. They have the same address, they're still married, all their children and grandchildren are still living, and little, if anything, in their lives has changed. Given the state of their health, should we be concerned with the wills' validity given the age of their wills? ANSWER
- [Keep Cultivating Your Network](https://www.beliveaulaw.net/2020/06/keep-cultivating-your-network/) - Don't let social distancing get in the way of your personal and professional relationships Keeping up with your friends and maintaining professional relationships is a challenge as most in-person activities have come screeching to a halt. Drive-by birthday parties, video happy hours and pre-recorded commencement speeches are the new normal. Despite social distancing guidelines, here
- [Financial Questions to Ask Mom and Dad](https://www.beliveaulaw.net/2020/06/financial-questions-to-ask-mom-and-dad/) - Many Americans have been focused on their own finances over the past several months. But don't neglect helping those closest to you with their finances as well, especially aging parents. Here are some questions to ask your parents to help them sort through their financial picture. Have you decided when you'll start taking Social Security
- [Ideas to Help Local Businesses](https://www.beliveaulaw.net/2020/06/ideas-to-help-local-businesses/) - Shuttered businesses are realizing that lifting lockdown restrictions doesn't mean a return to business as usual. Social distancing guidelines and a public wary of venturing into crowded environments means light customer traffic for many businesses. Here are several ideas to help local businesses financially as they re-open their doors: Continue buying gift cards. For many
- [The New Face of Banking](https://www.beliveaulaw.net/2020/06/the-new-face-of-banking/) - It suddenly got a lot more difficult to buy a home The banking sector is the latest industry to dramatically change how it operates in response to the current economic environment. The most visible change for consumers are new requirements for taking out a mortgage. Here are some tips for working with banks and other
- [Be Prepared for Pandemic Tax Surprises](https://www.beliveaulaw.net/2020/06/be-prepared-for-pandemic-tax-surprises/) - Numerous new laws provide economic relief to individuals and businesses hardest hit by this year’s pandemic. This much-needed financial assistance, however, comes with a few strings attached. Here are three potential surprises if you use the available economic relief packages: • Getting a tax bill for unemployment benefits. While the $1,200 economic impact payments most
- [Think Before Tapping 401(k) as Emergency Fund](https://www.beliveaulaw.net/2020/06/think-before-tapping-401k-as-emergency-fund/) - Do you need a quick infusion of cash? Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, you may be able to take money out of a qualified plan, like a 401(k), or an IRA, with favorable tax consequences. But should you do it? You might view withdrawing money from a retirement account as
- [How can I best find a top rated estate attorney, licensed in both MA and NH, for settling my sister's estate?](https://www.beliveaulaw.net/2020/06/how-can-i-best-find-a-top-rated-estate-attorney-licensed-in-both-ma-and-nh-for-settling-my-sisters-estate/) - ADDITIONAL INFORMATION: I'm looking for a top rated wills, trust, and probate attorney, licensed in both New Hampshire and Massachusetts, to help with settling the estate of my recently deceased sister. My brother and I are co-executors of her estate. My sister's official residence was Nashua, New Hampshire where she owned a condo and filed
- [Contemplating Your Estate Plan During Covid-19](https://www.beliveaulaw.net/2020/05/contemplating-your-estate-plan-during-covid-19/) - Get Your Affairs in Order For most of us, coronavirus and the threat it poses has made us contemplate the status of our estate plans. As thousands of people in the Commonwealth have died of COVID-19 and its complications, many thousands more are ill, and many, many thousands more face unemployment and financial hardship. There
- [Beware of Scams Tied to COVID-19 Economic Impact Payments](https://www.beliveaulaw.net/2020/05/beware-of-scams-tied-to-covid-19-economic-impact-payments/) - The IRS is warning you to be on the lookout for a surge of calls and e-mail phishing attempts related to COVID-19. They will come in the form of e-mails, text messages, websites and social media attempts that request money or personal information. It can come in many forms The IRS says that scammers may
- [Answers to Common COVID-19 Unemployment Questions](https://www.beliveaulaw.net/2020/05/answers-to-common-covid-19-unemployment-questions/) - The recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act provides individuals and businesses significant financial relief from the financial strain caused by the coronavirus epidemic. Here is a snapshot of the unemployment benefits section of the bill and how it affects individuals and businesses. Who qualifies to receive unemployment benefits? In addition to
- [Protect Your Video Conference Meetings](https://www.beliveaulaw.net/2020/05/protect-your-video-conference-meetings/) - Avalanche of new remote workers creates latest playground for hackers Hackers have found their new playground amid the increased use of video conferencing during the coronavirus pandemic: Zoombombing! Zoombombing defined Named for the company Zoom, the unfortunate first high-profile victim of this phenomena, Zoombombing occurs when internet trolls hack video conference meetings and join as
- [Ideas to Help Make Payments During Tough Times](https://www.beliveaulaw.net/2020/05/ideas-to-help-make-payments-during-tough-times/) - How to get cash quickly when you're out of work You’re not alone in trying to navigate the financial uncertainty during the coronavirus pandemic. Millions of American workers who lost their paycheck because of COVID-19 need to find creative ways to pay bills. Here are 6 ways to get cash to help pay for your
- [Get Your Money: Ensure You Receive a Stimulus Payment](https://www.beliveaulaw.net/2020/05/get-your-money-ensure-you-receive-a-stimulus-payment/) - The IRS has two websites to help with stimulus payments: One for non-tax filers to register to receive their economic impact payment and a new “Get My Payment” tool. Background As a response to the COVID-19 pandemic, the government is sending $1,200 to single taxpayers with income less than $75,000 ($98,000 with phaseouts). $2,400 is
- [Key 2020 Coronavirus Tax Changes](https://www.beliveaulaw.net/2020/05/key-2020-coronavirus-tax-changes/) - Coronavirus uncertainty abounds. Thankfully, by monitoring tax changes on your behalf, we can work together to navigate the right path for you and your family. Here is a round-up of tax-related laws and information to help with tax planning for 2020. Early distribution penalty waivedThe 10% early distribution penalty on up to $100,000 of retirement
- [Appraisals no longer on certain home sales](https://www.beliveaulaw.net/2020/04/appraisals-no-longer-on-certain-home-sales/) - Starting in October 2019, some home sales under $400,000 no longer require an appraisal. Previously, appraisals were not required on home sales of $250,000 and below. But federal regulators just approved a rule that will raise the threshold for the first time in 25 years. Loans that are partially insured by, or eligible for sale
- [FHA reduces cash-out refinancing limits](https://www.beliveaulaw.net/2020/04/fha-reduces-cash-out-refinancing-limits/) - The Trump administration is limiting the amount of cash borrowers can withdraw from their homes under the Federal Housing Administration (FHA) financing program. As of September, the FHA now limits cash-out refinancing to 80 percent of the home value. Previously, borrowers could take out up to 85 percent of their property’s equity. The new FHA
- [Will home equity affect financial aid for your college student?](https://www.beliveaulaw.net/2020/04/will-home-equity-affect-financial-aid-for-your-college-student/) - With home values rising and college application time upon us, you may want to look at how home equity could impact financial aid decisions at your son or daughter’s school of choice. Nearly every school requires families to complete the Free Application for Federal Student Aid (FAFSA), which asks for basic income and asset information.
- [Home-flipping seminars under scrutiny](https://www.beliveaulaw.net/2020/04/home-flipping-seminars-under-scrutiny/) - Have you heard those radio ads for house-flipping seminars endorsed by HGTV stars? Did the sales pitch sound too good to be true? The Federal Trade Commission (FTC) thinks so. The FTC filed a complaint against Zurixx, a company that hosts real estate seminars endorsed by “Flip or Flop” stars such as Tarek El Moussa
- [Challenging a quitclaim deed](https://www.beliveaulaw.net/2020/04/challenging-a-quitclaim-deed/) - The next-door neighbors convinced your aunt to sign over the deed to her house. Your stepfather’s long-lost son came to visit and walked away with a quitclaim deed to the family cottage. What do you do when you suspect someone did something “fishy” to get his or her name on a deed? A quitclaim deed
- [How home selling has shifted in the past decade](https://www.beliveaulaw.net/2020/04/how-home-selling-has-shifted-in-the-past-decade/) - If you haven’t sold a home in the last 10 years, you might be surprised by how much trends and expectations have changed over the years. Here are some leading factors changing the home sale market today: Real estate sites: More than 90 percent of homebuyers use the internet as one of the primary ways
- [Landlord Eviction Options During Covid-19](https://www.beliveaulaw.net/2020/04/landlord-eviction-options-during-covid-19/) - Landlords and Coronavirus Long before any Governor issued emergency orders for their state, coronavirus was already altering the fabric of our lives and commerce in unexpected ways. In the last month, millions of workers across the country, from hotel and restaurant workers to office assistants and managers, have been laid off, furloughed, or prohibited from
- [Raising grandchildren? EITC may be an option](https://www.beliveaulaw.net/2020/04/raising-grandchildren-eitc-may-be-an-option/) - Working grandparents who support their grandchildren may qualify for the earned income tax credit, which could reduce the amount they pay in taxes by thousands of dollars, or allow them to receive a refund. The earned income tax credit is a benefit for working people with low to moderate incomes who have dependents, a category
- [Most are taking Social Security at the wrong time](https://www.beliveaulaw.net/2020/04/most-are-taking-social-security-at-the-wrong-time/) - A recent report found that almost no retirees are making financially optimal decisions about when to take Social Security and are losing out on more than $100,000 per household as a result. The average Social Security recipient would receive 9 percent more income in retirement if he or she made a financially optimal decision. When
- [Medicare launches app to help determine coverage](https://www.beliveaulaw.net/2020/04/medicare-launches-app-to-help-determine-coverage/) - Do you need to know if a procedure is covered by Medicare? There’s an app for that. Medicare has launched a free app, called “What’s Covered,” that gives beneficiaries a quick way of determining if the program covers a medical item or service. The app offers information on what is covered under Medicare Parts A
- [How gifts can affect Medicaid eligibility](https://www.beliveaulaw.net/2020/04/how-gifts-can-affect-medicaid-eligibility/) - We’ve all heard that it’s better to give than to receive, but if you think you might someday want to apply for Medicaid long-term care benefits, you need to be careful, because giving away money or property can interfere with your eligibility. If you transfer certain assets within five years before applying for Medicaid, you
- [Keep Your Social Security Number Safe](https://www.beliveaulaw.net/2020/04/keep-your-social-security-number-safe/) - Identity thieves are very active right now Countries and citizens around the world are banding together to defeat the coronavirus. While your attention is concentrated on protecting your family, friends and community, identity thieves are seeing an opportunity to swipe your confidential information. Very few things in life create a higher degree of stress and
- [Is Your General Ledger Squeaky Clean?](https://www.beliveaulaw.net/2020/04/is-your-general-ledger-squeaky-clean/) - Spring cleaning for your business should include cleaning up your general ledger With spring now here, it’s natural to start thinking about doing some spring cleaning. But don’t limit the cleanup effort to your house — your business's accounting system and general ledger needs cleaning, too! Here are five areas of your financial statements that
- [Spare Change Goes Digital](https://www.beliveaulaw.net/2020/04/spare-change-goes-digital/) - A clever new way to save... With close to 85% of purchases made with credit or debit cards, many people have forgotten the satisfying clinking sound of tossing a penny, nickel, dime or quarter into a glass jar of spare change. But all that is starting to change! Clever new savings ideas In today's world
- [Tax Quiz: Who's the Highest?](https://www.beliveaulaw.net/2020/04/tax-quiz-whos-the-highest/) - Take this trivia quiz and test your state tax knowledge! Here’s a quiz to test your state tax IQ and give you some fun facts about the taxes paid by friends in other states. Thinking about buying a new house? Which state has the highest property taxes? a. Texas b. New Jersey c. Illinois d.
- [New Law Requires Small Business to Provide Paid Leave](https://www.beliveaulaw.net/2020/04/new-law-requires-small-business-to-provide-paid-leave/) - Families First Coronavirus Response Act provides worker benefits The Families First Coronavirus Response Act is a new program that offers COVID-19 assistance for both employees and employers. This new law provides businesses with fewer than 500 employees the funds to provide employees with paid leave, either for the employee’s own health needs or to care
- [Tax Deadlines Move to July 15](https://www.beliveaulaw.net/2020/04/tax-deadlines-move-to-july-15/) - The April 15 federal income tax filing due date has been moved to July 15, the U.S. Treasury Department and IRS recently announced. Here is what you need to know: The due dates for all tax payments normally due April 15 have been pushed back 90 days to July 15, regardless of the amount owed.
- [April 2020](https://www.beliveaulaw.net/2020/04/april-2020/) - This month: April 15 (Extended to July 15) - Individual tax returns due - C corporation tax returns due - First-quarter 2020 estimated tax due April 12 - Easter Sunday The IRS rolled out deadline extensions and new programs to help individuals and businesses navigate the COVID-19 pandemic. A recap of these announcements is
- [IRS settles abusive insurance schemes](https://www.beliveaulaw.net/2020/03/irs-settles-abusive-insurance-schemes/) - The IRS recently offered settlements to a select number of taxpayers involved in what are known as “micro-captive” insurance schemes. Tax law generally allows businesses to create "captive" insurance companies to protect against certain risks. In abusive “micro-captive” structures, accountants or wealth planners convince owners of closely held entities to engage in schemes that actually
- [New rules for required minimum distributions](https://www.beliveaulaw.net/2020/03/new-rules-for-required-minimum-distributions/) - The amount of time banks and other financial institutions have to notify people with retirement accounts about new rules for taking required minimum distributions (RMDs) has been extended. Under IRS Notice 2020-06, financial institutions have until April 15 to notify certain people with retirement accounts that no RMD is due for 2020. The new rule
- [No tax on large gifts when exemption sunsets](https://www.beliveaulaw.net/2020/03/no-tax-on-large-gifts-when-exemption-sunsets/) - Taxpayers making large gifts no longer have to worry about big taxes coming back to bite them years from now. The IRS finalized regulations confirming that gifts made under the increased lifetime exemption under the Tax Cuts and Jobs Act of 2017 will not be subject to tax when the exemption returns to the rates
- [Final rules issued for ‘opportunity zones’](https://www.beliveaulaw.net/2020/03/final-rules-issued-for-opportunity-zones/) - The Treasury Department recently issued final regulations regarding investments in so-called opportunity zones. The Qualified Opportunity Zone program, which offers tax incentives for investing in economically blighted communities, was created under the 2017 Tax Cuts and Jobs Act. Investment vehicles known as Opportunity Zone Funds allow investors to defer capital gains for up to 10
- [DOL makes it easier for small businesses to offer 401(k) plans](https://www.beliveaulaw.net/2020/03/dol-makes-it-easier-for-small-businesses-to-offer-401k-plans/) - A new final rule from the Labor Department makes it easier for small businesses to join together to offer their workers 401(k) plans. The rule goes into effect on Sept. 30. As a result of the new rule, smaller companies can now leverage the bigger scale of a combined group of businesses to negotiate lower
- [When you need a collection agency](https://www.beliveaulaw.net/2020/03/when-you-need-a-collection-agency/) - It’s a real drain on a business when you can’t get clients to pay. It’s ideal when you can take matters into your own hands and see results, but when you’ve tried everything else, sometimes you need to hire a collection agency. A collection agency is helpful if you haven’t been able to successfully contact
- [Supreme Court ruling likely to restrict public access to business records](https://www.beliveaulaw.net/2020/03/supreme-court-ruling-likely-to-restrict-public-access-to-business-records/) - The U.S. Supreme Court has issued a ruling that is likely to make it harder for the public to access confidential business records. The court ruled on a longtime exemption under the federal Freedom of Information Act (FOIA), known as Exemption 4, which allows the government to withhold “trade secrets and commercial or financial information
- [Preventing suits over website accessibility](https://www.beliveaulaw.net/2020/03/preventing-suits-over-website-accessibility/) - Suits claiming that business websites and/or mobile apps aren’t fully accessible to people with disabilities are increasing rapidly. In 2019, a quarter of such suits were brought against companies that had already been sued under the same cause of action. The suits were brought under the federal Americans with Disabilities Act. The key to protecting
- [Supreme Court: Businesses can register scandalous trademarks](https://www.beliveaulaw.net/2020/03/supreme-court-businesses-can-register-scandalous-trademarks/) - The Lanham Act, a federal law that prohibits scandalous and immoral trademarks is unconstitutional, according to a ruling by the U.S. Supreme Court. Registering a trademark has its benefits. Someone who owns an registered trademark can use it in commerce and enforce it. Registering a trademark provides “constructive notice of the registrant’s claim of ownership,”
- [Ease the Pain of Repaying Student Loans](https://www.beliveaulaw.net/2020/03/ease-the-pain-of-repaying-student-loans/) - Student loan debt is a hot topic and for good reason. Managing the burden that comes during repayment is very difficult. Fortunately, there are ways to get some relief while taking advantage of timely tax breaks at the same time. Here are four ways to help lessen the strain of repaying your student loans. Deduct
- [How to Succeed as an Independent Contractor](https://www.beliveaulaw.net/2020/03/how-to-succeed-as-an-independent-contractor/) - Are you one of the now 33% of Americans who work as either an independent contractor or freelancer? If you answered yes, you are now a participant in the gig economy, a modern term for an economy characterized by workers who earn money through short-term contracts or freelance work. Succeeding as an independent contractor can
- [Should You Buy or Rent a Home?](https://www.beliveaulaw.net/2020/03/should-you-buy-or-rent-a-home/) - The pros and cons of renting versus buying For many folks, the lyrics of a 1960s rock song summarize the American dream: "Our house is a very, very, very fine house." According to U.S. Census figures, about two-thirds of American families are homeowners. But buying a house or condo may not be the best choice
- [The IRS Data Theft Problem](https://www.beliveaulaw.net/2020/03/the-irs-data-theft-problem/) - Here's how to minimize your risk What better place for online thieves to target than a database that contains 300 million+ Social Security numbers and a treasure trove of financial information? The IRS has 52 Internet applications to help U.S. citizens comply with their tax obligations. But these online portals, which collect, process and store
- [March 2020](https://www.beliveaulaw.net/2020/03/march-2020/) - This month: March 16 - Due date for partnership and S corporation tax returns (Forms 1065, 1120S)
- [You NEED These Documents to File Your Taxes!](https://www.beliveaulaw.net/2020/02/you-need-these-documents-to-file-your-taxes/) - It’s easy to get inundated with documents during tax season. You can receive documents from many different organizations, including employers, financial institutions and others. Many documents are now also being sent via e-mail, which increases the likelihood it could get lost in your inbox. As tax season is quickly approaching, here are some of the
- [Setting up Your Business Accounting System](https://www.beliveaulaw.net/2020/02/setting-up-your-business-accounting-system-2/) - You've done the hard work. You have a new business idea or you've found an existing business to purchase. Want to help ensure your business success? Pay attention to correctly setting up your business' accounting system. Here's how: Consider business entity. Choosing the right legal and tax entity for your business is important. Consult experts
- [New W-4 Creates Questions for Human Resources](https://www.beliveaulaw.net/2020/02/new-w-4-creates-questions-for-human-resources/) - With the major Form W-4 overhaul for 2020, you may field questions from your employees. While it’s not your responsibility to provide tax advice to your employees, it’s good to be prepared to help answer common questions about the new IRS form. Here is a summary of the W-4 changes and answers to some common
- [New Rules Mean Saving More for Retirement](https://www.beliveaulaw.net/2020/02/new-rules-mean-saving-more-for-retirement/) - The Setting Every Community Up for Retirement Enhancement Act, also known as the SECURE Act, was passed by Congress in late December 2019. Here are some of the features in the new legislation that will help you save more for retirement: Money can continue to grow tax deferred If you turn 70½ in 2020 or
- [Finding the Balance of Income vs. Spending](https://www.beliveaulaw.net/2020/02/finding-the-balance-of-income-vs-spending/) - The IRS primer every voter should know Every year the IRS publishes instructions to prepare your Form 1040, individual tax return. The publication for 2019 is a whopping 108 pages! On page 103 of the IRS booklet is a summary of collections (income) and spending (outlays) by the federal government. Given the election year, here
- [February 2020](https://www.beliveaulaw.net/2020/02/february-2020/) - This month: February 14 - Valentine's Day February 17 - Presidents' Day Reminders - Collect all tax forms (W-2s, 1099s, others) - Set up tax appointment - Rebalance investment portfolios The 2019 tax filing season is in full swing. If you have not already done so, now is the time to collect your tax
- [Should you choose a reverse mortgage? Pluses and minuses](https://www.beliveaulaw.net/2020/01/should-you-choose-a-reverse-mortgage-pluses-and-minuses/) - For seniors, deciding whether to enter into a reverse mortgage can be complicated. Here are some pros and cons to consider: The pros A reverse mortgage allows you to maintain the title to your home while receiving income from your equity. The loan doesn’t typically affect Medicare or Social Security benefits. Reverse mortgage income is
- [Financing a home for your retired parents](https://www.beliveaulaw.net/2020/01/financing-a-home-for-your-retired-parents/) - Lenders are making it easier for people who want to finance homes with rental units for their retirement-age parents. In the past, banks treated such arrangements as partial investment properties and required higher down payments and loan rates than those required for typical single-family homes. But that’s not the case anymore. According to the Pew
- [Tips for charging rent to your adult child](https://www.beliveaulaw.net/2020/01/tips-for-charging-rent-to-your-adult-child/) - In some ways, it might seem great to have your adult child move home and spend more time with you. Or maybe you never expected it to happen, and suddenly the child you thought was moving on is at your doorstep. No matter how you feel about it, here are some tips on charging your
- [U.S. Supreme Court says yes to immediate takings claim](https://www.beliveaulaw.net/2020/01/u-s-supreme-court-says-yes-to-immediate-takings-claim/) - In a big change affecting property owners, the U.S. Supreme Court has ruled that people whose land is taken for public use without payment may, as soon as the property is taken, file federal lawsuits for constitutional violations of property rights. The high court revisited the question of whether property owners have standing to bring
- [Tips for protecting yourself from real-estate wire transfer fraud](https://www.beliveaulaw.net/2020/01/tips-for-protecting-yourself-from-real-estate-wire-transfer-fraud/) - Real estate transaction cybercrime is on the rise. According to The Wall Street Journal, hackers have targeted email accounts belonging to the parties in transactions, such as real-estate professionals, lawyers, and title agents, devising custom scams specific to the deals. Profits from sales are then diverted from intended recipients to the hacker’s bank account. It
- [What are my Massachusetts business income tax obligations?](https://www.beliveaulaw.net/2020/01/what-are-my-massachusetts-business-income-tax-obligations/) - How a business is taxed depends in part on the business’s legal form. The five most common types of Massachusetts businesses include corporations, S corporations, Limited Liability Companies (LLCs), partnerships, and sole proprietorships. Most states subject corporations to a corporate income tax. In contrast, pass-through entities such as S corporations, LLCs, partnerships, and sole proprietorships
- [Drafting a power of attorney that reduces the chances of abuse](https://www.beliveaulaw.net/2020/01/drafting-a-power-of-attorney-that-reduces-the-chances-of-abuse/) - A power of attorney is one of the most important estate planning documents you can create, but it is also one that can be misused. While it isn't possible to entirely prevent the possibility of abuse, there are steps you can take in drafting the document to greatly reduce the chances. A power of attorney
- [Four Social Security myths debunked](https://www.beliveaulaw.net/2020/01/four-social-security-myths-debunked/) - There are a lot of misconceptions surrounding the Social Security system. Here are four common myths and the facts about how Social Security works and its future prospects. Myth 1: You should collect benefits early. This is one of the biggest Social Security myths. Beneficiaries can start taking retirement benefits as early as age 62,
- [Don't make the mistake of not signing up for Medicare supplemental coverage](https://www.beliveaulaw.net/2020/01/dont-make-the-mistake-of-not-signing-up-for-medicare-supplemental-coverage/) - If you are turning 65 and enrolling in Medicare as a healthy senior, do you really need to sign up for Medicare's supplemental coverage as well? Not signing up initially could be very costly down the road. With all the deductibles, copayments and coverage exclusions, basic Medicare pays for only about half of all medical
- [Should you prepare a Medicaid application yourself, or get help?](https://www.beliveaulaw.net/2020/01/should-you-prepare-a-medicaid-application-yourself-or-get-help/) - A decision on whether to prepare and file a Medicaid application on your own or hire help depends on answers to these questions: How old is the applicant? How complicated is the applicant’s financial situation? Is the individual applying for community or nursing home benefits? How much time do you have available? How organized are
- [2020 Retirement Plan Limits](https://www.beliveaulaw.net/2020/01/2020-retirement-plan-limits/) - As part of your 2020 planning, now is the time to review funding your retirement accounts. By establishing your contribution goals at the beginning of each year, the financial impact of saving for your future should be more manageable. Here are annual contribution limits: Retirement Plans 2019 2020 Change Age 50 or older catch up
- [There's Still Time to Fund Your IRA](https://www.beliveaulaw.net/2020/01/theres-still-time-to-fund-your-ira/) - There is still time to make a contribution to a traditional IRA or Roth IRA for the 2019 tax year. The annual contribution limit is $6,000 or $7,000 if you are age 50 or over. Prior to making a contribution, if you (or your spouse) are an active participant in an employer's qualified retirement plan
- [January 2020](https://www.beliveaulaw.net/2020/01/january-2020/) - This month: January 1 - New Year's Day January 15 - 4th Quarter Estimated Payments Due January 20 - Martin Luther King Jr. Day Start tax planning for the new year - Adjust withholdings - Organize filing records - Schedule tax consultation - Rebalance investment portfolio Welcome 2020. A new year calls for a
- [The Highest Taxed Money in America](https://www.beliveaulaw.net/2020/01/the-highest-taxed-money-in-america/) - How the lottery preys on Americans If you were told to voluntarily pay 75% of your wages to government-sponsored programs for the rare chance of getting everyone else's remaining 25%, would you do it? Most everyone enjoys dreaming of winning it big in the lottery. Large pots of money are publicized on the evening news
- [It's Time to Prioritize Inventory Management](https://www.beliveaulaw.net/2020/01/its-time-to-prioritize-inventory-management/) - Extraordinarily low interest rates and a rapidly evolving business climate has made inventory management a lost art. Other business initiatives may seem to be more urgent and impactful, but in reality, mastering inventory levels is a key to most successful and growing businesses. Here are reasons why prioritizing your inventory management is a must: Less
- [Make Your Cash Worth More](https://www.beliveaulaw.net/2020/01/make-your-cash-worth-more/) - Banking tips to help you cash in Your cash is parked. Do you know if it's making or losing you money? For instance, letting it sit in a non-interest-bearing account is a waste of earnings potential. It’s actually losing money if you factor in inflation! Here are some ideas to help you make the most
- [Setting up a medical ID on your phone](https://www.beliveaulaw.net/2019/12/setting-up-a-medical-id-on-your-phone/) - You may already be familiar with the idea of setting an “in case of emergency” contact that displays on the lock screen of your phone to let emergency personnel know whom to call if you’re found alone unconscious or unable to speak. Smartphone providers now offer enhanced options that let you provide even more emergency
- [Naming a guardian for your children](https://www.beliveaulaw.net/2019/12/naming-a-guardian-for-your-children/) - Resist the urge to avoid naming a guardian as part of your estate plan simply because it’s not easy to imagine someone else raising your children. If you don’t, you leave the guardianship of your children up to the courts if you pass away. Think about who, starting with your family members, would be the
- [Passage of SECURE Act anticipated by year-end](https://www.beliveaulaw.net/2019/12/passage-of-secure-act-anticipated-by-year-end/) - Estate planners have been watching Congress closely, waiting to see what will happen with the Setting Every Community Up for Retirement Enhancement (SECURE) Act. The legislation, designed to boost Americans’ retirement savings, has implications for individual savers and for those planning to pass an inheritance to the next generation. The SECURE Act passed the House
- [Report: Companies must be prepared for cybersecurity regulations](https://www.beliveaulaw.net/2019/12/8272/) - Report: Companies must be prepared for cybersecurity regulations A new report indicates that companies need to prepare for a flood of cybersecurity regulations nationwide. The 2019 Compliance Landscape Report by Edgile, a cyber risk and regulatory compliance partner to Fortune 500 companies, reviewed state bills, resolutions and laws across the country. The report states that
- [Legal pitfalls of crowdfunding campaigns](https://www.beliveaulaw.net/2019/12/legal-pitfalls-of-crowdfunding-campaigns/) - Legal pitfalls of crowdfunding campaigns You have the next big idea and need some cash to make it happen. Crowdfunding campaigns, such as Kickstarter and IndieGogGo, can be effective ways to get a boost, offering contributors a reward in exchange for a financial contribution to the future of your business. Before you jump in, it’s
- [Landmark decision allows suits against companies for collecting biometric data](https://www.beliveaulaw.net/2019/12/landmark-decision-allows-suits-against-companies-for-collecting-biometric-data/) - Landmark decision allows suits against companies for collecting biometric data In a ruling that’s expected to have widespread implications, the Illinois Supreme Court has held that consumers can sue companies for collecting biometric data, including facial scans or fingerprints, if the companies fail to disclose how the information will be used. The court unanimously said
- [OSHA revises electronic recordkeeping rule; Labor groups file suit](https://www.beliveaulaw.net/2019/12/osha-revises-electronic-recordkeeping-rule-labor-groups-file-suit/) - OSHA revises electronic recordkeeping rule; Labor groups file suit The Occupational Safety and Health Administration (OSHA) has eliminated the requirement that employers electronically submit Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). OSHA published the revised rules in the Federal Register at the end of January. The rule still
- [Cash Flow: A Central Part of Your Business Plan](https://www.beliveaulaw.net/2019/12/cash-flow-a-central-part-of-your-business-plan/) - When tracking and planning your business objectives, it’s easy to focus your analysis on two reports — the income statement and balance sheet. But one of the primary keys to your business’s success relies more on how you handle the money flowing in and out of the business. The appearance of a solid profit can
- [3 Major Charity Scam Red Flags](https://www.beliveaulaw.net/2019/12/3-major-charity-scam-red-flags/) - You’ve probably already received several letters and phone calls from charities asking for donations. Most requests are from legitimate organizations. Some, however, are bogus charities set up by con artists who use the holiday spirit to their financial advantage. Last year, Americans gave nearly $428 billion to charities, according to Giving USA 2019: The Annual
- [Time for a Yearly Credit Report](https://www.beliveaulaw.net/2019/12/time-for-a-yearly-credit-report/) - One way to head off fraud during tax season is to get your free annual credit report now. Credit reports often have errors in them; this quick checkup can be the first indication that some form of identity theft has taken place on your account. The good news is that each of the major consumer
- [6 Ways to Cut Your Everyday Expenses](https://www.beliveaulaw.net/2019/11/6-ways-to-cut-your-everyday-expenses/) - Many people dream of making more money, but cutting expenses can have the same effect. Identify unnecessary expenses with these six money-saving ideas and help free up some cash: Eliminate late fees. Most late fees are the result of being too busy, traveling or simply forgetting. Fortunately, late fees are almost entirely avoidable if you
- [Tips to Improve Your Credit Score](https://www.beliveaulaw.net/2019/11/tips-to-improve-your-credit-score/) - Your credit score is more important than ever. Once viewed as a necessity when applying for a mortgage, it now factors into renting an apartment, paying for utilities, buying a cell phone, and determining the amount you pay for home and auto insurance! Here are tips to help you improve and maintain a good credit
- [The Power of Cultivating Gratitude](https://www.beliveaulaw.net/2019/11/the-power-of-cultivating-gratitude/) - Tips on how to be thankful It costs nothing to say thank you. Yet cultivating gratitude in your life may be one of the most rewarding moves you can make. Not only does it invoke warm fuzzies in everyone involved, expressing your appreciation may actually improve your health and well-being. A landmark study by gratitude
- [Reminder: Major Employment Tax Deadlines](https://www.beliveaulaw.net/2019/11/reminder-major-employment-tax-deadlines/) - Handling employment taxes can be complicated, especially when you’re required to file important tax documents throughout the year. Here's a list of key forms and deadline dates to help keep you on track. Form 941 — Employer's quarterly federal tax return This form is used to report income tax withheld from employees' pay and both
- [2020 Social Security Benefits](https://www.beliveaulaw.net/2019/11/2020-social-security-benefits/) - Take a look at how Social Security benefits have changed. Use this infographic to help you plan for the coming year, and to learn a little more about retirement benefits and taxes. Your 2020 Social Security Benefits Find out how your benefits have changed Estimated average Social Security retirement benefits starting January 2020 All retired
- [Save Money With These Year-End Ideas](https://www.beliveaulaw.net/2019/11/save-money-with-these-year-end-ideas/) - There's still time to reduce your potential tax obligation and save money this year (and next). Here are some ideas to consider: Estimate your 2019 and 2020 taxable income. With these estimates you can determine which year receives the greatest benefit from a reduction in income. By understanding what the tax rate will be for your
- [Co-living startups shift rental models](https://www.beliveaulaw.net/2019/10/co-living-startups-shift-rental-models/) - Old way: You move to a big city where housing is expensive and in high demand. You find an apartment above your price range and then post listings to Craigslist to find roommates who can help you cover the rent. New way: You rent from a co-living startup that offers community living. You don’t
- [Tariffs, labor shortages drive up home costs](https://www.beliveaulaw.net/2019/10/tariffs-labor-shortages-drive-up-home-costs/) - Home building and remodeling costs could rise this year, driven by the dual impact of tariffs and labor shortages. A report from Porch, a company that connects consumers to home improvement professionals, suggests that tariffs on Canadian lumber, Chinese goods, and internationally sourced metals could drive up the price of new construction by 3.2
- [Number of older renters is on the rise](https://www.beliveaulaw.net/2019/10/number-of-older-renters-is-on-the-rise/) - The number of renters over age 60 grew by 43 percent in the last decade, according to a report from RENTCafé, a national apartment listing service. Overall, nearly 37 percent of Americans rent, a near 50-year high, according to the Pew Research Center. Housing analysts say the trend is partially a result of the
- [Protect your connected home from hackers](https://www.beliveaulaw.net/2019/10/protect-your-connected-home-from-hackers/) - Your home may be smart, but is it secure? A variety of internet-connected devices, from doorbells to lights and thermostats, may make your life more convenient, but they also put your home at risk of being hacked. Every device that’s connected to the internet can be a doorway for bad actors. In one instance, when
- [Prove residency to pass state tax audit](https://www.beliveaulaw.net/2019/10/prove-residency-to-pass-state-tax-audit/) - If you own homes in multiple states, establishing residency in the lower tax state can help your tax bill. Turning your second home into your “main home” and establishing legal residency takes more than just careful record keeping, however. Many states have been cracking down on snowbirds who want to claim residency in “no income
- [Guns and dementia: Dealing with a loved one's firearms](https://www.beliveaulaw.net/2019/10/guns-and-dementia-dealing-with-a-loved-ones-firearms/) - Having a loved one with dementia can be scary, but add in access to a firearm and things can become especially dangerous. Research shows that 45 percent of all adults aged 65 years or older either own a gun or live in a household with someone who does. For someone with dementia, the risk of suicide
- [Maximizing Social Security survivor's benefits](https://www.beliveaulaw.net/2019/10/maximizing-social-security-survivors-benefits/) - Social Security survivor's benefits provide a safety net to widows and widowers. But to get the most out of the benefit, you need to know the right time to claim. While you can claim survivor’s benefits as early as age 60, if you claim benefits before your full retirement age, your benefits will be permanently
- [Getting paid as a family caregiver through Medicaid](https://www.beliveaulaw.net/2019/10/getting-paid-as-a-family-caregiver-through-medicaid/) - Caring for an ailing family member is difficult work, but it doesn’t necessarily have to be unpaid work. There are programs available that allow Medicaid recipients to hire family members as caregivers. All 50 states have programs that provide pay to family caregivers. The programs vary by state, but are generally available to Medicaid recipients,
- [Understanding Medicare's hospice benefit](https://www.beliveaulaw.net/2019/10/understanding-medicares-hospice-benefit/) - Medicare's hospice benefit covers any care that is reasonable and necessary for easing the course of a terminal illness. It is one of Medicare's most comprehensive benefits and can be extremely helpful to both a terminally ill individual and his or her family, but it is little understood and underutilized. Understanding what is offered ahead
- [Estate planning and retirement considerations for late-in-life parents](https://www.beliveaulaw.net/2019/10/estate-planning-and-retirement-considerations-for-late-in-life-parents/) - It is becoming more common for people to be parents at an older age, partly because of changing cultural mores and advances in fertility treatment. Comedian and author Steve Martin had his first child at age 67. Singer Billy Joel, 70, welcomed his third daughter in 2017. Janet Jackson had a child at age 50.
- [5 Ways Payroll Services Boost a Business](https://www.beliveaulaw.net/2019/10/5-ways-payroll-services-boost-a-business/) - Is a payroll provider right for you and your business? While it is an added expense, there are good reasons to add a partner to help with this service. Here are five things to consider: Allows full attention on growing the business. If a portion of employees is focused on managing and processing payroll, business growth
- [Reminder: Time to Start the Financial Aid Process](https://www.beliveaulaw.net/2019/10/reminder-time-to-start-the-financial-aid-process/) - If you have a child in college or entering college during the next school year, you need to read this. You can now fill out your required Free Application for Financial Student Aid (FAFSA) for the next school year. FAFSA application timeframe The Free Application for Federal Student Aid (FAFSA) process opened on Oct. 1.
- [Decoding the New Dating Scene](https://www.beliveaulaw.net/2019/10/decoding-the-new-dating-scene/) - Are you feeling a little in the dark about the new vocabulary developing around dating? It’s not surprising, especially when you hear a term like getting "ghosted." Luckily, you’re just a few dating slang definitions away from having a better understanding of this vocabulary — often used on social media. It's important to understand, especially
- [Amazon and eBay Sales Tax ALERT!](https://www.beliveaulaw.net/2019/10/amazon-and-ebay-sales-tax-alert/) - If you or your business sells product on Amazon using the Fulfillment by Amazon (FBA) service, you are well into the multi-state sales tax mess ... even if you are not aware of it. You may be asking yourself: Do I now need to register my business with every state and collect tax on their
- [Bill collector calling? Know your rights](https://www.beliveaulaw.net/2019/10/bill-collector-calling-know-your-rights/) - Maybe you're behind on paying your bills because of circumstances outside of your control. Or perhaps there's been an error in billing. Either way, these scenarios may lead to a run-in with a debt collector. Fortunately, there are strict rules in place that forbid any kind of collector harassment in the U.S. If you know
- [Another Year, Another New 1040](https://www.beliveaulaw.net/2019/10/another-year-another-new-1040/) - In 2018, the government attempted to “simplify” the tax-filing process by drastically shortening Form 1040. The result was six new schedules that created a lot of confusion. Now the IRS is attempting to ease some of that pain by revising the form and removing some schedules. Will it help? Here is what you need to
- [Family Irrevocable Trust vs MA Health - Gina Walcott to the rescue](https://www.beliveaulaw.net/2019/09/family-irrevocable-trust-vs-ma-health-gina-walcott-to-the-rescue/) - Gina Y. Walcott, an attorney with Beliveau Law Group, demonstrated her legal expertise and knowledge when she represented our family’s Irrevocable Trust vs State of MA. She was well informed and took the opposing attorney to school as he recited only partial law instead of the full law, which she had at the ready which
- [Should you leave siblings unequal shares of your estate?](https://www.beliveaulaw.net/2019/09/should-you-leave-siblings-unequal-shares-of-your-estate/) - When you’re reviewing your estate plan, it’s important to think about how to divide your estate among your children. While you don’t need to leave siblings equal shares, be aware that inheriting unequal amounts can cause arguments among children after you pass. To avoid disagreements from the getgo, you may want to leave your children
- [Avoiding Medicaid penalty period for a house transfer](https://www.beliveaulaw.net/2019/09/avoiding-medicaid-penalty-period-for-a-house-transfer/) - Under the laws of most states, when you transfer your house to a child or anyone else, you enter into a Medicaid penalty period, barring your eligibility for Medicaid for a period of time. A way to avoid the penalty period is for the Medicaid applicant to transfer the house to a child considered to
- [Updating estate-planning documents at divorce](https://www.beliveaulaw.net/2019/09/updating-estate-planning-documents-at-divorce/) - The story of a divorcing couple in Arizona demonstrates why you need to update your estate plan at divorce. The couple, who were in their early 40s and had been married for several years, had created a multimillion dollar business together. When they filed for divorce, the process became bitter and full of disagreements about
- [Benefits of mediation in estate planning](https://www.beliveaulaw.net/2019/09/benefits-of-mediation-in-estate-planning/) - A recent case in Illinois highlights the value of mediation in resolving estate-planning disputes. The case involved a successful family business created by Daniel and Mary O’Brien. The business, valued at $125 million as of 2013, included interests in hotels, a nursing home, a golf course, gas stations, fast-food franchises and warehouses. Most of the
- [Guidance on grandparent gifting](https://www.beliveaulaw.net/2019/09/guidance-on-grandparent-gifting/) - Grandparents are regularly generous with grandchildren, sometimes giving significant amounts of money. Often they want to share their resources to leave a legacy. In some cases, their children or grandchildren are dealing with financial hardship. Grandparents might also believe that their kin shouldn’t have to wait for their inheritance. Grandparents commonly provided assistance paying for
- [How to collect on a customer debt](https://www.beliveaulaw.net/2019/09/how-to-collect-on-a-customer-debt/) - Businesses need to get paid to stay afloat, and it’s no fun to spend a lot of time collecting a debt from a customer. When someone doesn’t pay and you need to collect, here are some tips for doing it: Be sure you know the rules where you live. State law debt collection rules vary.
- [Can noncompete be enforced against independent contractor?](https://www.beliveaulaw.net/2019/09/can-noncompete-be-enforced-against-independent-contractor/) - A noncompete clause in an employment contract can be an effective way to keep a worker from leaving to work for a competitor for a defined period of time after he or she stops working for you. Sometimes independent contractors have as much, or nearly as much, company-specific knowledge as employees. So the question is
- [EEOC requires businesses provide pay info by Sept. 30](https://www.beliveaulaw.net/2019/09/eeoc-requires-businesses-provide-pay-info-by-sept-30/) - All businesses with 100 or more employees and federal contractors with 50 or more employees must submit their 2018 pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by Sept. 30, a federal judge in Washington, D.C., has decided. The information, which must include how much each employer paid workers of various sexes, races
- [Protect against possible hacking of company car GPS](https://www.beliveaulaw.net/2019/09/protect-against-possible-hacking-of-company-car-gps/) - Businesses that insert GPS trackers in their employees’ cars tend to see improved productivity, efficiency and safety. These devices also come with concerns over employee privacy, but the benefits often trump the risks. However, a recent report brought to light a measurable hacking risk with GPS trackers. The report in Motherboard stated that a hacker
- [Should you accept Venmo, PayPal & Zelle? Pros and cons of digital payments for businesses, landlords](https://www.beliveaulaw.net/2019/09/should-you-accept-venmo-paypal-zelle-pros-and-cons-of-digital-payments-for-businesses-landlords/) - Pros and cons of digital payments for businesses, landlords Many people are exchanging money these days with new, electronic payment options such as Venmo, PayPal and Zelle. These online and app-based services make it easy to pay a friend for dinner or a roommate for half of this month’s bills. Many customers and renters don’t
- [How to Handle Negative Reviews](https://www.beliveaulaw.net/2019/09/how-to-handle-negative-reviews/) - With all the rating services on sites like Amazon and Yelp, it's not a question of whether your business will receive a negative review, only when. Every business or service must know how to handle these negative reviews. Here are some hints: The best defense is a great offense You don't have to address negative
- [Consider the Tax BEFORE You Sell](https://www.beliveaulaw.net/2019/09/consider-the-tax-before-you-sell/) - Multiple tax rates hold the key In times of market volatility or when a financial need arises, it is only natural to consider selling some investments. Understanding the tax consequences is key to making an informed and planned decision. Here is what you need to know BEFORE you sell: Investment Tax Rates Investment Tax Classification
- [Why You Need to Read the Fine Print](https://www.beliveaulaw.net/2019/09/why-you-need-to-read-the-fine-print/) - According to a recent Deloitte survey, 91 percent of people agree to terms and conditions without reading the legal agreement. While reading through the legally complex language may be slow and painful, it’s more important than you think. Here are four reasons why reading entire legal agreements make sense: You miss a major technicality. Many
- [Help Older Adults Stand Up Against Scams](https://www.beliveaulaw.net/2019/09/help-older-adults-stand-up-against-scams/) - The Consumer Financial Protection Bureau recently reported in financial exploitation cases that older adults lost an average of $34,200. Unfortunately, these funds are often never recovered. You can ensure this doesn't happen by learning more about scams and how to protect yourself. Here are some tips: Recognize the scams.The best way to protect yourself from
- [Select the Right Health Insurance for Your Business](https://www.beliveaulaw.net/2019/09/select-the-right-health-insurance-for-your-business/) - If you have employees, you know how important health insurance is for your benefits package. It also takes a big bite out of your budget. Selecting the right insurance for your company is extremely important for employee retention and maintaining your bottom line. Here are tips to help you find the best health insurance for
- [The IRS Is Not Always Right](https://www.beliveaulaw.net/2019/09/the-irs-is-not-always-right/) - A letter in the mailbox with the IRS as the return address is sure to raise your blood pressure. Here are some tips for handling the situation if this happens to you: Stay calm. Try not to overreact to the correspondence. They are often in error. This is easier said than done, but remember the
- [Business Advice: Every Impression Matters](https://www.beliveaulaw.net/2019/08/business-advice-every-impression-matters/) - With competition abounding for virtually every product or service, businesses need to hone every advantage available to them. One of the ways you can set your business apart from the pack is to create an awesome customer experience starting with the first interaction that continues through the entirety of the relationship. How does one foster
- [No Excuses. Time to Lower Your Tax Bill](https://www.beliveaulaw.net/2019/08/no-excuses-time-to-lower-your-tax-bill/) - It's easy to push tax planning to the sidelines when tax laws are ever-changing and hard to understand. Here are some common (but often unfounded) reasons for avoiding tax situations, plus tips to help get past them and start paying less tax this year: It doesn't make a difference. This point of view is especially
- [I Owe Tax on That?](https://www.beliveaulaw.net/2019/08/i-owe-tax-on-that/) - 5 Surprising Taxable Items Wages and self-employment earnings are taxable, but what about the random cash or financial benefits you receive through other means? If something of value changes hands, you can bet the IRS considers a way to tax it. Here are five taxable items that might surprise you: Scholarships and financial aid. Applying
- [Headed to the Fair? Avoid These Spending Traps](https://www.beliveaulaw.net/2019/08/headed-to-the-fair-avoid-these-spending-traps/) - If you've ever attended a state or county fair, you know it's really easy to spend a lot of money, and fast. The best way to avoid overspending is to know the problem areas and be prepared. Here are five typical fair spending traps (and tips to avoid them): Paying full price for admission. In
- [Smart Tactics to Manage Student Debt](https://www.beliveaulaw.net/2019/08/smart-tactics-to-manage-student-debt/) - According to the Federal Reserve, U.S. student loan debt is now $1.5 trillion with more than 44 million borrowers. Only mortgage debt currently has bigger numbers among types of consumer debt. Even worse, more than 10 percent of these loans are past due. Here are some tactics to help make student debt easier to manage:
- [Cash Flow Concepts That Can Save Your Business](https://www.beliveaulaw.net/2019/08/cash-flow-concepts-that-can-save-your-business/) - A sad and oft-repeated truth is that half of all new businesses fail within the first five years. Although many factors contribute to business failure, a common culprit is poor cash management. All businesses, large and small, must deal with the uncertainty of fluctuating sales, inventories and expenses. Follow these practices to moderate the ebb
- [Landlords sued and fined for housing discrimination](https://www.beliveaulaw.net/2019/07/landlords-sued-and-fined-for-housing-discrimination/) - A New York landlord must pay a $15,000 settlement after refusing to let a mentally ill tenant keep her emotional support dog in her apartment, the U.S. Department of Housing and Urban Development has announced. This is an important issue for all landlords and homeowners across the country to keep on their radar. HUD regularly
- [Rise in home prices slowing down](https://www.beliveaulaw.net/2019/07/rise-in-home-prices-slowing-down/) - The most recent data on home prices in 20 U.S. cities showed the slowest rise in four years, according to the S&P CoreLogic Case-Shiller index of property values. The data for the 20 cities covers eight months in row as of November 2018. The index increased 4.7 percent year over year. In the prior month,
- [When your neighbor’s vacation rental becomes a problem](https://www.beliveaulaw.net/2019/07/when-your-neighbors-vacation-rental-becomes-a-problem/) - Your neighbors are using their home as a vacation rental. That means you “enjoy” a steady stream of rotating people moving in and out next door. These short-term guests like to stay up late, party in the backyard, and play loud music. What can you do? Talk it over As with any dispute, begin by
- [Where one-third of millennials get the money for a down payment](https://www.beliveaulaw.net/2019/07/where-one-third-of-millennials-get-the-money-for-a-down-payment/) - It’s no secret that the housing market is competitive, especially in big metropolitan areas. Winning a bidding war for the home you want can mean making a bid above the asking price, too. Where do young, millennial homeowners find the money for a down payment? According to a recent Bank of the West survey of
- [Avoid problems with your mortgage application: Tips for applicants](https://www.beliveaulaw.net/2019/07/avoid-problems-with-your-mortgage-application-tips-for-applicants/) - There are all sorts of stories out there about predatory lenders being sued for fraud against homebuyers. On the other side of the coin, however, a study by CoreLogic found that fraud by mortgage applicants is also rising. According to the study, approximately 0.92 percent of all mortgage applications during the second quarter of 2018
- [Bias continues even with online mortgage lenders](https://www.beliveaulaw.net/2019/07/bias-continues-even-with-online-mortgage-lenders/) - It would seem that online mortgage lending would reduce discrimination against minorities, but a new study from the University of California, Berkeley, found otherwise. The study showed that both in-person and online lenders charge black and Latino buyers higher interest rates. People of color and other minorities end up with up to half a billion
- [Charitable giving under the new tax law](https://www.beliveaulaw.net/2019/07/charitable-giving-under-the-new-tax-law/) - The new tax law makes it harder to claim a tax deduction for charitable contributions. Charitable giving should not be only about getting a tax break, but if you want to reap a tax benefit from your contributions, there are a couple of options. The Tax Cuts and Jobs Act, enacted in December 2017, nearly
- [Prenups as an estate planning tool](https://www.beliveaulaw.net/2019/07/prenups-as-an-estate-planning-tool/) - As more and more people marry more than once, prenuptial agreements have become an important estate planning tool. Without a prenuptial agreement, your new spouse may be able to invalidate your existing estate plan. Such agreements are especially helpful if you have children from a previous marriage or important heirlooms that you want to keep
- [Prevent mistaken Medicare denials](https://www.beliveaulaw.net/2019/07/prevent-mistaken-medicare-denials/) - Have you or a loved one been denied Medicare-covered services because you’re “not improving”? Many health care providers are still unaware that Medicare is required to cover skilled nursing and home care even if a patient is not showing improvement. If you are denied coverage based on this outdated standard, you have the right to
- [Use a lawyer for Medicaid planning](https://www.beliveaulaw.net/2019/07/use-a-lawyer-for-medicaid-planning/) - Many seniors and their families don’t use a lawyer to plan for long-term care or Medicaid, often because they’re afraid of the cost. However, an attorney can help you save money in the long run and make sure you’re getting the best care for your loved one. Instead of proceeding based on what you’ve heard
- [Is it legal to put a camera in a nursing home room?](https://www.beliveaulaw.net/2019/07/is-it-legal-to-put-a-camera-in-a-nursing-home-room/) - Technological advances have made it easier to stay connected with family. That includes the ability to install cameras in a loved one’s nursing home room, but these so-called “granny cams” have legal and privacy implications. The benefit of the surveillance camera is the ability to monitor your family member’s care. Being able to observe care
- [Basic Customer Retention Questions You Need to Answer](https://www.beliveaulaw.net/2019/07/basic-customer-retention-questions-you-need-to-answer/) - Your business’s ability to retain customers is one of the most important components to sustain growth and profitability. Here are the three retention questions every business owner should be able to answer: What percentage of your customers return each year? The first step to understanding retention is to know your customer retention rate. First, take
- [How To Protect Your Social Security Number](https://www.beliveaulaw.net/2019/07/how-to-protect-your-social-security-number/) - Very few things in life can create a higher degree of stress than having your Social Security Number (SSN) stolen. This is because, unlike other forms of ID, your SSN is virtually permanent. While most instances of SSN theft are outside your control, there are some things that you can do to minimize the risk
- [Make Setting Salaries Easier With These 5 Steps](https://www.beliveaulaw.net/2019/07/make-setting-salaries-easier-with-these-5-steps/) - Whether you are hiring for the first time, filling an open position, or conducting annual performance reviews, finding a salary range that attracts and retains valued employees can be a difficult task. Here are some suggestions to help make the process a bit easier for you and your company: Know what your business can afford.
- [What You Need To Know About IRS Audits](https://www.beliveaulaw.net/2019/07/what-you-need-to-know-about-irs-audits/) - The IRS recently released its 2018 Data Book, including information on its audit activities for the last fiscal year. This details what you need to know regarding your audit risk, how to prepare for and what to expect in an IRS audit. Know the facts An IRS audit is a review to ensure your tax
- [Can't Miss Stops for Your Summer Road Trip](https://www.beliveaulaw.net/2019/07/cant-miss-stops-for-your-summer-road-trip/) - School is out, the weather is warm, and it’s time to head out on a summer road trip! Tired of the same old locations? Every state has a number of unique destinations for the everyday explorer. Here are some free ideas for the creative vacation seeker in all of us: The World’s Largest Yard Sale.
- [Effective Tax Planning Starts Now!](https://www.beliveaulaw.net/2019/07/effective-tax-planning-starts-now/) - With summertime activities in full swing, tax planning is probably not on the top of your to-do list. But putting it off creates a problem at the end of the year when there’s little time for changes to take effect. If you take the time to plan now, you’ll have six months for your actions
- [Finding someone’s date of death](https://www.beliveaulaw.net/2019/06/finding-someones-date-of-death/) - Imagine your grandfather left a portion of his estate to his sister, but Great Aunt Irma has been gone for years. In order to probate his will or other legal documents, you may need to find Irma’s date of death. If Aunt Irma passed away in the last 50 years, finding this information should be
- [Plan to protect kids with special needs](https://www.beliveaulaw.net/2019/06/plan-to-protect-kids-with-special-needs/) - Raising a child with special needs can be a rich experience. It’s also a costly one that comes with unique challenges for your financial future and estate plans. There is no one-size-fits-all recommendation, but here are some things to consider: Your future security: Protect your children by securing your own financial future. Start saving for
- [Estate planning for taxpayers without kids](https://www.beliveaulaw.net/2019/06/estate-planning-for-taxpayers-without-kids/) - If you’re single with no kids or married without kids, you have some unique estate planning needs. You’ll require special strategies for health care, emergencies, and division of your estate. Plan for extra care costs. Growing older without a built-in support team may mean you’ll have extra expenses for care. You may need to hire
- [Increase in nursing home closures across U.S.](https://www.beliveaulaw.net/2019/06/increase-in-nursing-home-closures-across-u-s/) - Choosing nursing home care can be a big, emotional decision. Long-term care is a sizable investment, and many people struggle with entrusting their loved one’s care to someone else. Now some families are dealing with an additional hurdle, as nursing home closures are forcing some seniors to relocate, widening the distance families must travel to
- [Practice the art of responding to negative reviews](https://www.beliveaulaw.net/2019/06/practice-the-art-of-responding-to-negative-reviews/) - As a business owner in the internet age, you know a negative online review can discourage people from using your business. Research from Mintel indicates 70 percent of Americans go online to seek out reviews before making a purchase. Data from BrightLocal suggest 84 percent of people trust an online review as much as a
- [Get website content the right way](https://www.beliveaulaw.net/2019/06/get-website-content-the-right-way/) - Content marketing is becoming a go-to tool for businesses, but generating enough quality content to keep your blogs and social media posts populated can be a challenging proposition. Here are some guidelines to avoid copyright infringement issues when buying and repurposing content. Assume copyright: When you find information, pictures, video or music online, you should
- [Know who owns your business IP rights](https://www.beliveaulaw.net/2019/06/know-who-owns-your-business-ip-rights/) - If intellectual property is a pivotal component of your business, you need to ensure you own the rights to that property. Demonstrating legal ownership does more than protect your IP from infringement; it adds to your business value when securing investors or new ownership. There are times in your business when you cannot assume ownership
- [Take caution when offering credit monitoring](https://www.beliveaulaw.net/2019/06/take-caution-when-offering-credit-monitoring/) - If your business is involved in an information breach, you are not generally required to offer credit services to your customers. However, many organizations do, offering services such as credit reporting, credit monitoring, identity theft insurance, and identity restoration services. Recognize that many data breaches do not actually involve risk to the consumer’s credit. Offering
- [Text messages could be binding contract](https://www.beliveaulaw.net/2019/06/text-messages-could-be-binding-contract/) - As more business communication is conducted via text messages, businesses need to be aware that they can have legal ramifications. In the eyes of the law, text messages may not be as informal as you think. An issue is emerging regarding whether a text message can constitute a binding contract. Many states have no legislation
- [Make Online Reviews Work For Your Business](https://www.beliveaulaw.net/2019/06/make-online-reviews-work-for-your-business/) - Many factors play into a potential customer’s decision to buy your product or service, but one thing is clear — online reviews are at the top of the list. A recent study by BrightLocal reveals that 91 percent of people read online reviews before making a purchasing decision, and over 80 percent of people trust
- [How to Save When Attending a Wedding](https://www.beliveaulaw.net/2019/06/how-to-save-when-attending-a-wedding/) - Planning on attending a wedding or two (or three or four...) this summer? If you’re not careful the costs will add up fast, especially if travel is involved. Here are five tips to survive the financial cost of wedding season: Give a price-savvy wedding gift. Most people want to give a wedding gift that, on
- [Never Take on the IRS Alone](https://www.beliveaulaw.net/2019/06/never-take-on-the-irs-alone/) - Sleuthing your way through a tax audit by yourself is not the same as fixing a leaky faucet or changing your oil. Here are reasons you should seek professional help as soon as you receive a letter from the IRS: IRS auditors do this for a living — you don’t. Seasoned IRS agents have seen
- [Payroll Fraud Schemes Every Business Should Know](https://www.beliveaulaw.net/2019/06/payroll-fraud-schemes-every-business-should-know/) - According to the Association of Certified Fraud Examiners, nearly 30 percent of businesses are victims of payroll malfeasance, with small businesses twice as likely to be affected than large businesses. Here are four scary payroll fraud schemes you need to know: Ghost employees. A ghost employee does not exist anywhere except in your payroll system.
- [Get Your Life Back! Ideas to Unplug](https://www.beliveaulaw.net/2019/06/get-your-life-back-ideas-to-unplug/) - With endless movies, TV shows and video games available to us 24/7, it’s become too easy to spend all our free time on electronic devices. If you and your family are looking for ways to unplug this summer, consider these ideas: Turn off notifications. Hey! Guess what? Bill just posted a photo of his dinner!
- [5 Summer Tax Savings Opportunities](https://www.beliveaulaw.net/2019/06/5-summer-tax-savings-opportunities/) - Ah, summer. The weather is warm, kids are out of school, and it’s time to think about tax saving opportunities! Here are five ways you can enjoy your normal summertime activities and save on taxes: Rent out your property tax-free. If you have a cabin, condo, or similar property, consider renting it out for two
- [This month:](https://www.beliveaulaw.net/2019/06/this-month-7/) - June 16: Father's Day June 17: 2nd quarter estimated taxes due June 17: 2018 tax deadline for U.S. citizens living abroad Summertime offers unique tax saving situations. Outlined here are five ideas everyone can use. Plus, this issue includes ideas to help you unplug from your electronics and discusses possible payroll fraud schemes. Finally,
- [Transferring property: a primer on deeds and titles](https://www.beliveaulaw.net/2019/05/transferring-property-a-primer-on-deeds-and-titles/) - A property deed is a legal document that transfers title or rights of ownership from one party to another. It’s the official proof of transfer document that gets recorded, usually by your local county government. A deed should include an indication that it is a deed, a description of the property, the signature of the
- [Understanding easement rights](https://www.beliveaulaw.net/2019/05/understanding-easement-rights/) - Imagine you’ve found the perfect home or piece of land, but you find out there’s an easement on the property. What do you need to know? An easement gives someone the legal right to use your property in a specific way. For example, your next-door neighbor might have access to drive across your land to
- [LGBT homebuyers fear discrimination](https://www.beliveaulaw.net/2019/05/lgbt-homebuyers-fear-discrimination/) - Members of the lesbian, gay, bisexual, and transgender community say they fear discrimination when buying a home, according to recent research from Freddie Mac. Survey respondents who identified as LGBT were largely positive on homeownership, with three-quarters saying they believe home ownership is a good investment. In fact, 72 percent said they want to own
- [Beginner tips for turnkey real estate](https://www.beliveaulaw.net/2019/05/beginner-tips-for-turnkey-real-estate/) - What if you want to invest in real estate, but don’t have any experience or a mentor to guide you? What if you live in a high-cost location and can’t find reasonably priced properties to invest in? And what if you want to invest in real estate but don’t want to do any of the
- [Digital Marketing Mistakes to Avoid](https://www.beliveaulaw.net/2019/05/digital-marketing-mistakes-to-avoid/) - The keys to successful digital marketing practices are often learned through failure. But this doesn't have to be you! The wise business owner learns from the travails experienced by others. Here are some digital marketing mistakes to know so you can keep them from unraveling your strategy: Overlooking directory listings. Now more than ever, people
- [The Casualty Loss Problem](https://www.beliveaulaw.net/2019/05/the-casualty-loss-problem/) - What you can do to help Tax laws severely limit who can deduct losses on their tax return caused by a catastrophic event. Now unless a loss is in a presidentially declared disaster area, victims are on their own to pick up the pieces. This is creating problems for those on the fringe of a
- [4 Key Elements of Great Business Books](https://www.beliveaulaw.net/2019/05/4-key-elements-of-great-business-books/) - Your bookkeeping system is the financial heart and lifeblood of your business. When set up and operating properly, your books help you make smart decisions and seamlessly turn your financial data into useful information. Here are four key characteristics to build and maintain a healthy bookkeeping system: Select the proper accounting method There are two
- [Watch Out! 7 Vacation Costs That Sneak Up on You](https://www.beliveaulaw.net/2019/05/watch-out-7-vacation-costs-that-sneak-up-on-you/) - Going on vacation is a time to get away, relax and enjoy new experiences. But if you don't pay close attention, extra costs can sneak up on you like tiny money-stealing ninjas. Here are seven sneaky vacation costs to watch out for: Covert airfare increases. Airline pricing algorithms are programmed to store your browsing history
- [Al Capone, Aunt Becky, Tax Fraud and You!](https://www.beliveaulaw.net/2019/05/al-capone-aunt-becky-tax-fraud-and-you/) - How you can learn from high-profile tax scandals The recent college admission scandal involving Lori Loughlin (who played Aunt Becky in the Full House TV series) and others is shedding light on just one way people allegedly cheat on their taxes. Here are examples of some famous people in tax trouble with the IRS and
- [You Know You Need Tax Planning If...](https://www.beliveaulaw.net/2019/05/you-know-you-need-tax-planning-if/) - Effective tax planning helps you make smart decisions now to get the future outcome you desire - but you need to make sure you don't miss anything. Forget to account for one of these situations and your tax plans will go off the rails in a hurry: Getting married or divorced. One plus one does
- [This month:](https://www.beliveaulaw.net/2019/05/this-month-6/) - May 12: Mother's Day May 15: Exempt organization tax returns due May 27: Memorial Day With tax season in the rearview mirror, it's full speed ahead into tax planning season. While it's important for everyone to have a tax roadmap, there are key situations that require extra attention so you can avoid a major tax
- [Finding the best retirement calculators](https://www.beliveaulaw.net/2019/04/finding-the-best-retirement-calculators/) - Figuring out how much to save for retirement and when you can safely stop working can be difficult. A growing number of online retirement calculators, many of them free, are available to help. Although these calculators can yield vastly different results, they can be useful tools. Based on information about you and your finances, calculators
- [New brokerage account safeguards aim to protect seniors](https://www.beliveaulaw.net/2019/04/new-brokerage-account-safeguards-aim-to-protect-seniors/) - As the population ages, elder financial abuse is a mounting problem, and vulnerable seniors can become victims of scammers who convince them to empty their investment accounts. Now, new rules have been put in place to protect seniors with brokerage accounts from financial scams. According to the Financial Industry Regulatory Authority (FINRA), the organization that
- [When can you delay taking Medicare?](https://www.beliveaulaw.net/2019/04/when-can-you-delay-taking-medicare/) - Although you’re eligible for Medicare at 65, there are circumstances in which you might not want to apply, particularly if you’re working for a larger employer or contributing to a health savings account (HSA). However, you may face penalties if you don’t sign up at the right time, so it’s important to know when you
- [It’s now harder for veterans to qualify for long-term care benefits](https://www.beliveaulaw.net/2019/04/its-now-harder-for-veterans-to-qualify-for-long-term-care-benefits/) - The Department of Veterans Affairs (VA) has put in place new rules that make it more difficult to qualify for long-term care benefits. The rules, similar to those already in force for Medicaid, establish an asset limit, a look-back period, and asset transfer penalties for claimants applying for pension benefits that require a showing of
- [The new tax law means it’s now time to review your estate plan](https://www.beliveaulaw.net/2019/04/the-new-tax-law-means-its-now-time-to-review-your-estate-plan/) - The tax law signed in 2017 doubled the federal estate tax exemption, meaning the vast majority of estates won’t have to pay federal estate tax. But that doesn’t mean you should ignore its impact on your estate plan. The law doubled the federal estate tax exemption to $11.18 million for individuals and $22.36 million for
- [MassHealth Fair Hearing](https://www.beliveaulaw.net/2019/04/masshealth-fair-hearing/) - Date: Monday, April 8, 2018 Time: 11:00AM Location: MassHealth Enrollment Center, Tewksbury, MA Summary: Attorneys Margaret Cross-Beliveau and Gina Walcott will be representing a Settlor of an irrevocable income only trust who has been denied eligibility for long term care due to a special power of appointment clause within the trust.
- [This month:](https://www.beliveaulaw.net/2019/04/this-month-5/) - April 15: - Individual tax returns due - C corporation tax returns due - First-quarter 2019 estimated tax due - Six-month filing extension - 2018 gift taxes - 2018 IRA contributions - 2018 HSA contributions Tax day is upon us! This issue includes handy metrics to track your business performance, tips to help you decide
- [Don't Leave Your Business Exposed](https://www.beliveaulaw.net/2019/04/dont-leave-your-business-exposed/) - 5 Insurance Tips to Protect Your Assets and Your Bank Account Have you conducted a business insurance review lately? Changes in your business equipment, real estate holdings, the amount of inventory, and the number of employees are all good reasons to review your insurance. Here are a few policy review tips to consider: Keep in
- [Don't Let Disaster Befall Your Favorite Charity](https://www.beliveaulaw.net/2019/04/dont-let-disaster-befall-your-favorite-charity/) - A crucial deadline is approaching and you can help! The filing deadline for most non-profit organizations is May 15. Missing this deadline results in penalties that can devastate the organization's budget, or worse, strip them of their non-profit status and make your donations non-tax deductible! Here's what you can do to help them: Check the
- [Tax Day is Here!](https://www.beliveaulaw.net/2019/04/tax-day-is-here/) - 5 Big Questions People Are Asking The individual tax deadline of April 15 is fast approaching. Do you have all your tax arrangements in order? Here are five important questions that people are asking. What happens if I don't file on time? There's no penalty for filing a late tax return after the deadline if you
- [Leasing vs. Buying a Car](https://www.beliveaulaw.net/2019/04/leasing-vs-buying-a-car/) - Knowing the tricks makes you a better decision-maker There are many reasons for you to lease a car versus buy a car, but too often it is the auto dealer's profit motive that determines which method you use rather than what's best for your budget and lifestyle. To help you make an informed decision, here
- [4 Key Metrics to Fortify Your Business](https://www.beliveaulaw.net/2019/04/4-key-metrics-to-fortify-your-business/) - Even the best, well-prepared business plans can unravel quickly without a process in place to evaluate performance. Creating a scorecard with quality metrics can give you the daily insight you need to successfully run a business without drowning in the details. Create a scorecard that works An effective scorecard gives you a holistic view of
- [What is Eminent Domain? Do I have to hand my property over to the government?](https://www.beliveaulaw.net/2019/04/what-is-eminent-domain-do-i-have-to-hand-my-property-over-to-the-government/) - The government has the power to seize private property for public use under the authority of eminent domain. However, this doesn’t mean the government can take your land without compensating you for it. In fact, not only does the government have to provide you with “just compensation” you are also given an opportunity to object.
- [Estate planning critical for non-traditional couples](https://www.beliveaulaw.net/2019/03/estate-planning-critical-for-non-traditional-couples/) - Generally speaking, estate planning laws were designed for the traditional nuclear family, a married couple with kids. But according to the 2010 U.S. Census, such families are less than 50 percent of the total. Non-traditional families, including single parents, blended families and unwed partners, need to pay particular attention to their estate plans to avoid
- [Preventing a will contest](https://www.beliveaulaw.net/2019/03/preventing-a-will-contest/) - When you write a will, you have control over how your assets will be distributed after your death. However, if someone in your family disputes your will, an anonymous probate court judge could end up with the final say over who gets your property. Emotions run high when someone dies. If family members aren’t content
- [Opportunity Zones offer tax breaks](https://www.beliveaulaw.net/2019/03/opportunity-zones-offer-tax-breaks/) - For a limited time, investors can help reinvigorate distressed communities while deferring capital gains on profits earned elsewhere. The 2017 Tax Cuts and Jobs Act created the Qualified Opportunity Zone program in order to offer tax incentives for investment in economically blighted communities. When you invest in an Opportunity Zone, you can defer and possibly
- [Data security and the vulnerability of the company car](https://www.beliveaulaw.net/2019/03/data-security-and-the-vulnerability-of-the-company-car/) - By now, you’ve probably heard the horror stories about hackable cars. The most publicized concern is that digitally connected cars are vulnerable to hackers who could disable the engine or even take control of the steering. But while this kind of physical threat grabs headlines, a different risk goes relatively unmentioned: data security. According to
- [OSHA recordkeeping rule stalled](https://www.beliveaulaw.net/2019/03/osha-recordkeeping-rule-stalled/) - In May of 2016, OSHA enacted amendments to its recordkeeping regulation that would require establishments with 250 or more employees to submit OSHA 300 logs and 301 forms electronically. But now that change is in limbo. At the time the change was announced, OSHA said the forms would be published on its website, with employee
- [Tax reform impacts pass-through entities](https://www.beliveaulaw.net/2019/03/tax-reform-impacts-pass-through-entities/) - Previously, net taxable income from pass-through business entities such as sole proprietorships, partnerships, certain LLCs, and S corporations was passed through to owners and taxed at their standard rates. Now, the Tax Cuts and Jobs Act creates a 20 percent deduction for this business income. The proposals on pass-through business entities were a hot-topic among
- [Businesses benefit under tax reform](https://www.beliveaulaw.net/2019/03/businesses-benefit-under-tax-reform/) - The Tax Cuts and Jobs Act contains a bevy of tax breaks, and most business owners will come out ahead. However, some tax breaks were reduced or eliminated to make room for others. Here are some of the most significant changes for businesses: New 21 percent flat tax rate for corporations The new law establishes
- [7 Secrets to Amazon Success](https://www.beliveaulaw.net/2019/03/7-secrets-to-amazon-success/) - With 6 million buyers visiting Amazon every day, it is tempting for a small business to explore listing their products to take advantage of this sales channel. However, it is not for the faint of heart. Here are seven secrets to a great selling experience: Select the right products. Try to find a product in
- [7 Common Missing Tax Return Items](https://www.beliveaulaw.net/2019/03/7-common-missing-tax-return-items/) - Want your tax return filed quickly and without error? Then double-check this list of items that are often overlooked. These missing items often cause delays in getting your tax return filed: Forms W-2 and 1099. Using last year's tax return as a checklist, make sure all your W-2s and 1099s are received and applied to
- [Candyland Getting Stale? Try These Board Games](https://www.beliveaulaw.net/2019/03/candyland-getting-stale-try-these-board-games/) - Board games offer a great way to unplug and spend time with family and friends. Thanks to a rise in popularity over the last few years, the options available to you are endless. If you are looking to branch out from the classic games like Monopoly or Clue, here are some excellent games to try:
- [Businesses: File on Time or Pay the Price!](https://www.beliveaulaw.net/2019/03/businesses-file-on-time-or-pay-the-price/) - March 15 is the tax-filing due date for the calendar year S-corporations and partnerships. While this filing deadline does not require making a tax payment, missing the due date could cost you a hefty penalty. The penalty The penalty is calculated based on each partial month the tax return is late multiplied by each shareholder
- [Hints to Eliminate Monthly Bill Creep](https://www.beliveaulaw.net/2019/03/hints-to-eliminate-monthly-bill-creep/) - Paying bills is inevitable, but paying too much is not. Are you aware of all the services you are paying for every month? Here are some tips to help you get a handle on your recurring monthly expenses: Investigate your recurring services. Start by taking stock of every service you are currently using. Review your
- [Oh No! Your Tax Refund is Now a Bill](https://www.beliveaulaw.net/2019/03/oh-no-your-tax-refund-is-now-a-bill/) - If you are anticipating a nice refund this year, it may be a good idea to prepare yourself for a possible letdown. Many taxpayers will receive a smaller-than-expected refund and might even owe taxes to be paid by April 15. If this happens to you, here are some of the likely reasons: Higher take-home pay.
- [This month:](https://www.beliveaulaw.net/2019/03/this-month-4/) - March 15: Due date for partnership and S corporation tax returns (Forms 1065, 1120S) Reminders: - Daylight saving time begins Sunday, March 10 Tax season is in full swing. Early reports from the IRS indicate that, on average, refund amounts are down compared to last year. If this is you, the first article lays out
- [When publishing notice of the death of someone who had property in different states, do I need to put that notice in each state?](https://www.beliveaulaw.net/2019/02/when-publishing-notice-of-the-death-of-someone-who-had-property-in-different-states-do-i-need-to-put-that-notice-in-each-state/) - ADDITIONAL INFORMATION: A relative lived & died in 1 state but had property in another. The heirs would like to sell it. Though the death was over a year ago and notice was put in the local paper then, does a new notice have to be put in a paper now in the state where
- [2019 State Business Tax Climate Rankings](https://www.beliveaulaw.net/2019/02/2019-state-business-tax-climate-rankings/) - The tax climate for businesses varies dramatically depending on where your business is located. State business environments are constantly shifting; some states readily enact changes made at the federal level, while others do not. Each year the non-profit Tax Foundation organization announces a ranking of tax burdens for businesses. The results of its 2019 ranking
- [Major Life Changes Ahead? Read This!](https://www.beliveaulaw.net/2019/02/major-life-changes-ahead-read-this/) - Too often major life decisions have tax implications attached to them. For the unwary, this can create a fairly large and unexpected tax bill. Here are four examples of major life changes that can have complicated tax implications: Changing jobs. Whether it's a new, exciting opportunity or a result of being laid off, a job
- [5 Things Every High School Senior Should Know](https://www.beliveaulaw.net/2019/02/5-things-every-high-school-senior-should-know/) - As the school year rolls into February, suddenly the realization sets in that high school seniors only have a few months left before graduation. Here are five things each graduate should understand before their big graduation day: Debt needs to be managed carefully. It is way too easy to burden oneself under a pile of
- [7 Tax-Free Ideas to Bolster Your Business Benefits Package](https://www.beliveaulaw.net/2019/02/7-tax-free-ideas-to-bolster-your-business-benefits-package/) - The benefits package offered by your business is extremely important to your employees. How important? A survey performed by the Society of Human Resource Management (SHRM) found that benefits are directly tied to overall job satisfaction for 92 percent of employees. Even more importantly, 29 percent of employees cited the overall benefits package at their
- [How to Correct Common Financial Mistakes](https://www.beliveaulaw.net/2019/02/how-to-correct-common-financial-mistakes/) - You're working at the office, getting stuff done around the house, or hanging out with family when - wham! - a phone call, email or text alerts you that something is wrong with your finances. When a negative financial event hits, don't let it take you down. Here are some common mistakes and steps to
- [Tips to Protect Yourself From Tax Scams](https://www.beliveaulaw.net/2019/02/tips-to-protect-yourself-from-tax-scams/) - Too many people downplay the threat of identity theft because it hasn't been witnessed or experienced firsthand. This false sense of security can leave you exposed, especially during tax season. Here are some tips to keep your identity safe from scammers: Be naturally suspicious. Understand that there are people out there trying to get your
- [Reevaluate insurance needs when you retire](https://www.beliveaulaw.net/2019/01/reevaluate-insurance-needs-when-you-retire/) - Along with many other things, your insurance needs change when you retire. It is a good idea to look at your insurance options and figure out what you need or don’t need and ways you might be able to achieve some savings. Life insurance. Once you retire, you may no longer need life insurance. If
- [How does work affect your Social Security payments?](https://www.beliveaulaw.net/2019/01/how-does-work-affect-your-social-security-payments/) - Many people continue to work after retirement age, either by choice or out of necessity. But if you are receiving Social Security benefits, you need to be aware of how working can affect your benefit payments. Earning income above Social Security thresholds can cause a reduction in benefits and mean your benefits will be taxed.
- [The little-known tax on Roth 401(k) distributions](https://www.beliveaulaw.net/2019/01/the-little-known-tax-on-roth-401k-distributions/) - Employee retirement savings plans come in two main types: the traditional 401(k) and the Roth 401(k). The benefit of a Roth 401(k) over a traditional 401(k) after retirement is that distributions from a Roth 401(k) are tax-free, but there is a little-known situation in which distributions can be taxed. Contributions to a traditional 401(k) are
- [How to prepare when elderly parents move in with adult children](https://www.beliveaulaw.net/2019/01/how-to-prepare-when-elderly-parents-move-in-with-adult-children/) - More and more parents are moving in with their adult children, and the trend probably won’t reverse any time soon. As nursing home costs continue to rise, children and their parents are finding that living together is a better arrangement, both financially and emotionally. But having a parent move in is a big adjustment for
- [When can an adult child be liable for a parent’s nursing home bill?](https://www.beliveaulaw.net/2019/01/when-can-an-adult-child-be-liable-for-a-parents-nursing-home-bill/) - Although a nursing home cannot require a child to be personally liable for their parent’s nursing home bill, there are circumstances in which children can end up having to pay. This is why it is important to read any admission agreements carefully before signing. Federal regulations prevent a nursing home from requiring a third party
- [IRS Announces 2019 Mileage Rates](https://www.beliveaulaw.net/2019/01/irs-announces-2019-mileage-rates/) - Mileage rates for travel are now set for 2019. The standard business mileage rate increases by 3.5 cents to 58 cents per mile. The medical and moving mileage rates also increase by 2 cents to 20 cents per mile. Charitable mileage rates remain unchanged at 14 cents per mile. 2019 Standard Mileage Rates Standard Mileage
- [Taking a Home Office Deduction: A great tax reduction idea, if done right!](https://www.beliveaulaw.net/2019/01/taking-a-home-office-deduction-a-great-tax-reduction-idea-if-done-right/) - Cloud-based applications, extensive communication channels, and other new technologies make it easier to run your business out of your home. If you qualify, many home business expenses are deductible. Think you might qualify? You must first pass these tests. Trade or business use test. To qualify for business use of your home you must use
- [How to Raise a Financially Savvy Child](https://www.beliveaulaw.net/2019/01/how-to-raise-a-financially-savvy-child/) - If you have children (or grandchildren) you have an opportunity to give them a jump-start on their journey to becoming financially responsible adults. While teaching your child about money and finances is easier when you start early, it's never too late to impart your wisdom. Here are some age-relevant suggestions to help develop a financially
- [Hey Alexa. Are you Making Me Dumb? 3 concerns to consider while living with a smart speaker](https://www.beliveaulaw.net/2019/01/hey-alexa-are-you-making-me-dumb-3-concerns-to-consider-while-living-with-a-smart-speaker/) - Smart speakers like the Amazon Echo and Google Home are popping up everywhere. According to a Nielsen study from last September, nearly one of every four U.S. households has a smart speaker - 40 percent of those homes have more than one. For some, the speaker is an easy way to play music, for others
- [Every Business Needs Cash! 5 keys to better cash management](https://www.beliveaulaw.net/2019/01/every-business-needs-cash-5-keys-to-better-cash-management/) - Focusing solely on sales and profits can create a surprise for any business when there is not enough cash to pay the bills. Here are five key principals to improve your cash management. Create a cash flow statement and analyze it monthly. The primary objective of a cash flow statement is to help you budget
- [This month:](https://www.beliveaulaw.net/2019/01/this-month-3/) - January 1: New Year's Day January 15: 4th Quarter Estimated Payments Due January 21: Martin Luther King Jr. Day Start tax planning for the new year: - Adjust withholdings - Organize filing records - Schedule tax consultation - Rebalance investment portfolio The new year is upon us! As you finish cleaning up the champagne glasses
- [Tips for a Faster Refund](https://www.beliveaulaw.net/2019/01/tips-for-a-faster-refund/) - As the tax filing season approaches, there are steps you can take now to speed up the filing process. The faster your return is filed, the faster you get your refund. Even if you end up owing money to the IRS, knowing the amount due sooner gives you more time to come up with the
- [Paying taxes when you inherit a home](https://www.beliveaulaw.net/2018/12/paying-taxes-when-you-inherit-a-home/) - When you inherit a home and sell it, you pay capital gains tax based on the value of the home on the date of the owner’s death. For example, if you inherit your dad’s vacation cabin, and it was worth $300,000 when he died, and you later sell it for $325,000, you’ll pay tax on
- [Credit unfreezes now free](https://www.beliveaulaw.net/2018/12/credit-unfreezes-now-free/) - As of Sept. 21, a new law requires that the three major credit reporting bureaus allow you to place or lift a security freeze on your credit files without charge. When your files are frozen, lenders can’t check your credit. That means an identity thief can’t take out new credit or borrow in your name.
- [Grandparents’ options for college costs](https://www.beliveaulaw.net/2018/12/grandparents-options-for-college-costs/) - With the cost of college tuition rising, some grandparents are pitching in. Grandparents who want to help out have several options, but many come with limitations or possible pitfalls: Cash gifts: If your grandchild won’t qualify for financial aid, a cash gift may be a good option. Under federal law, couples can give up to
- [Your Health Savings Account can be a stealth IRA](https://www.beliveaulaw.net/2018/12/your-health-savings-account-can-be-a-stealth-ira/) - Generally, people don’t think about a Health Savings Account (HSA) as a savings account. The HSA was intended to be a tax-advantaged account to pay for medical expenses, but in certain ways it’s better than an IRA. An HSA is a tax-preferred investment account with triple tax advantages. Your money isn’t taxed when it’s contributed,
- [Moved out of state? Check your estate plan](https://www.beliveaulaw.net/2018/12/moved-out-of-state-check-your-estate-plan/) - There’s a lot to do when you move to a new state. In midst of the hustle, certain matters can be overlooked, including important things such as estate planning documents. Property laws vary from state to state, so it’s a good idea to revisit these documents if you’ve moved. Have your will, trust, power of
- [Keep your tax credit for charitable gifts](https://www.beliveaulaw.net/2018/12/keep-your-tax-credit-for-charitable-gifts/) - Following the Tax Cuts and Jobs Act (TCJA), many taxpayers are concerned about losing tax breaks for charitable contributions. Under the law, fewer households have a tax incentive to make charitable gifts. However, with planning, individuals and businesses can still benefit from donations. The law increased the standard deduction to $12,000 for individual filers and
- [Internet contracts must be apparent to be enforceable](https://www.beliveaulaw.net/2018/12/internet-contracts-must-be-apparent-to-be-enforceable-2/) - If you do business using the internet, you want to ensure your internet contracts are enforceable. To do that, terms need to be presented in such a way that users have reasonable knowledge of them. Your internet agreements may cover a range of terms including: allowable use of the site, privacy policies, subscriber agreements, terms
- [Tax write-offs for government settlements restricted](https://www.beliveaulaw.net/2018/12/tax-write-offs-for-government-settlements-restricted-2/) - Included in the Tax Cuts and Jobs Act was a provision that disallowed tax deductions for settlements between federal agencies and companies accused of wrongdoing. While previous tax law already barred deductions for criminal fines and penalties owed to the government, businesses could still deduct payments made to compensate victims or correct damages. The effect,
- [Can a business refuse service to same-sex couples?](https://www.beliveaulaw.net/2018/12/can-a-business-refuse-service-to-same-sex-couples-2/) - After ruling in favor of a baker who refused to create a wedding cake for a same-sex couple, the U.S. Supreme Court declined to hear a case involving a florist who made a similar denial. The court sent the florist’s case back to a lower court, directing it to revisit the decision in light of
- [Glitch in new tax law discouraging business investment](https://www.beliveaulaw.net/2018/12/glitch-in-new-tax-law-discouraging-business-investment-2/) - In June, a group of restaurants, retailers, and industry associations sent a letter to lawmakers asking them to correct a mistake in the Tax Cuts and Jobs Act (TCJA). The law inadvertently increased the tax burden on a category of business investment called Qualified Improvement Property (QIP). The new tax law included a provision known
- [California’s new data privacy law and your business](https://www.beliveaulaw.net/2018/12/californias-new-data-privacy-law-and-your-business-2/) - In June, California passed a consumer privacy law that could affect many organizations conducting business in the state. The law, which has been likened to the European Union’s GDPR regulations, gives California consumers the right to know what personal information a business has collected about them, including where it was sourced from and how that
- [Sales tax to hit online retailers](https://www.beliveaulaw.net/2018/12/sales-tax-to-hit-online-retailers-2/) - In late June, the U.S. Supreme Court ruled that online retailers can be required to collect sales taxes in states where they have no physical presence. The decision came in the case of South Dakota v. Wayfair, Inc. and represents a victory for brick-and-mortar stores as well as states that claimed they were losing billions
- [The New Business Deduction](https://www.beliveaulaw.net/2018/12/the-new-business-deduction/) - Stop worrying and start preparing A new deduction is available to businesses with qualified business income (QBI). While that's great news, new deductions (especially ones with lots of rules) can bring anxiety and confusion. Never fear! Ensuring you receive a maximum deduction will come down to providing the proper information. Here is some knowledge to
- [5 Tips to Keep Your Customers Coming Back](https://www.beliveaulaw.net/2018/12/5-tips-to-keep-your-customers-coming-back/) - Happy, satisfied customers are essential to the health of every business. Increasing competition, online review opportunities, and unlimited access to information up the ante on the importance of quality customer service. Here are some tips to help your business thrive by meeting and exceeding your customers' expectations: Truly understand your customer and their needs. As
- [Early Warning Signs of a Tax Problem](https://www.beliveaulaw.net/2018/12/early-warning-signs-of-a-tax-problem/) - There are many factors that can cause an unfavorable tax swing leaving you with a surprising tax bill in the spring. Here are six warning signs that you might have some unexpected taxes waiting for you. You didn't update your W-4 You may have noticed a change in your tax withholdings earlier this year. These
- [It's Your Money. Get it Back NOW!](https://www.beliveaulaw.net/2018/12/its-your-money-get-it-back-now/) - According to Credit Karma, over $40 BILLION of unclaimed property is currently being held by state governments. That's a staggering amount of money - enough to buy half of the National Football League franchises. Not included in that figure is property sitting with federal agencies and other organizations. So what exactly is unclaimed property and
- [Retirement Contributions Get a Boost in 2019](https://www.beliveaulaw.net/2018/12/retirement-contributions-get-a-boost-in-2019/) - For the first time since 2013, the IRS is raising the contributions limits for IRAs. The maximum contribution for 401(k) accounts and IRAs is increasing by $500 for 2019. If you have not already done so, now is the time to plan for contributions into your retirement accounts in 2019. Check out the tables below
- [6 Last-Second Money-Saving Tax Moves](https://www.beliveaulaw.net/2018/12/6-last-second-money-saving-tax-moves/) - As 2018 winds down, there is still time to reduce your potential tax obligation. Here are some ideas to make your 2018 tax return less of a burden on your wallet: Accelerate expenses. Individual taxpayers are on the cash basis for income tax purposes. This means your income is taxable when you receive it and
- [Disagreeable neighbors? Legal options vary](https://www.beliveaulaw.net/2018/11/disagreeable-neighbors-legal-options-vary/) - It’s one of the facts of community living: Where you have neighbors, you can have problems. There are some things you can do about annoying neighbors and some things that could land you in legal trouble. Start by talking to your neighbor. Share what’s bothering you. Keep your composure and try to approach the conversation
- [Blockchain, cryptocurrencies and real estate: the basics](https://www.beliveaulaw.net/2018/11/blockchain-cryptocurrencies-and-real-estate-the-basics/) - Blockchain and cryptocurrencies are evolving technologies that could transform the financial industry and, by extension, the real estate industry. Only time will tell how significant the impact will be. But as you’re probably hearing these terms more and more in the media, it’s a good idea to get an understanding of the basics. Technology fundamentals
- [Smart lock technology enables keyless home entry](https://www.beliveaulaw.net/2018/11/smart-lock-technology-enables-keyless-home-entry/) - Smart lock technology is changing the way realtors show your home. These Wi-Fi or Bluetooth enabled locks allow users to lock and unlock their door remotely, using a mobile app. As a homeowner, you can use a smart lock system to manage guest access, giving people digital power to unlock your door for a single
- [iBuyers: How technology is changing real estate](https://www.beliveaulaw.net/2018/11/ibuyers-how-technology-is-changing-real-estate/) - iBuyers are investors who use technology to make a fast offer on your home, sight unseen, based on a proprietary valuation model. iBuyers, such as OfferPad, Opendoor, and Zillow Instant Offers, provide an alternate sales model for people who want to sell their home fast, sometimes in as little as three days. How it works
- [With bump clauses, sellers can keep shopping for better buyers](https://www.beliveaulaw.net/2018/11/with-bump-clauses-sellers-can-keep-shopping-for-better-buyers/) - Keep your bird in the hand while continuing to search for others in the bush. That’s what you get with a bump clause. In home sales, a bump or “kick out” clause lets sellers enter into a contract while continuing to seek out alternate buyers. If the sellers get a better deal, they can bypass
- [The IRS Loves Your Business ... and That is NOT Good](https://www.beliveaulaw.net/2018/11/the-irs-loves-your-business-and-that-is-not-good/) - The IRS continues to focus their audit activities in key small business areas. The wise business owner is well advised to be able to defend the following five areas to keep the IRS at a comfortable distance: Business or hobby? Be ready to provide proof your business is truly a business and not a hobby.
- [How to Survive 3 Unavoidable Banking Trends](https://www.beliveaulaw.net/2018/11/how-to-survive-3-unavoidable-banking-trends/) - Smartphones and other technological advances enable banks to create products and services that dramatically change the way you bank. Here is a primer on three of the biggest banking trends and tips to protect your money: The traditional bank branch is going away. A recent report from consultants McKinsey & Company claims an average of
- [Retirees Should Check Withholdings...or Else...](https://www.beliveaulaw.net/2018/11/retirees-should-check-withholdings-or-else/) - According to a recent announcement by the IRS, retirees might not be withholding enough for taxes this year. This is due to vast tax changes in 2018, making old withholding levels obsolete. The IRS is urging retirees to check their withholdings now and make adjustments if needed to avoid penalties. Could it be you? How
- [Don't Let a Disaster Derail Your Business](https://www.beliveaulaw.net/2018/11/dont-let-a-disaster-derail-your-business/) - With the recent frequency of hurricanes, earthquakes, tornadoes, floods and wildfires, it's worth reviewing ideas to ensure your business can survive if it faces its own disaster. Here are some steps you can take to create a disaster plan for your business: Identify your exposure. The first step is to conduct an evaluation of your
- [5 Annual Tax Essentials](https://www.beliveaulaw.net/2018/11/5-annual-tax-essentials/) - The more things change the more they stay the same. This is especially true when it comes to reviewing your tax situation. Mark your calendar to review these essential items each year to ensure you are not missing something that could cause tax trouble when you file your tax return: Required minimum distributions If you
- [Long-term care insurance policyholder wins breach of contract suit over increased premiums](https://www.beliveaulaw.net/2018/10/long-term-care-insurance-policyholder-wins-breach-of-contract-suit-over-increased-premiums/) - A long-term care policyholder has successfully sued her insurance company for breach of contract after the company raised her premiums. At age 56, Margery Newman bought a long-term care insurance policy from Metropolitan Life Insurance Company. She chose an option called “Reduced-Pay at 65” in which she paid higher premiums until she reached age 65, after
- [Proving a transfer was not made in order to qualify for Medicaid](https://www.beliveaulaw.net/2018/10/proving-a-transfer-was-not-made-in-order-to-qualify-for-medicaid/) - Medicaid law imposes a penalty period if you transferred assets within five years of applying, but what if the transfers had nothing to do with Medicaid? It is difficult to do, but if you can prove you made the transfers for a purpose other than to qualify for Medicaid, you can avoid a penalty. You
- [Be on the lookout for new Medicare cards (and new related scams)](https://www.beliveaulaw.net/2018/10/be-on-the-lookout-for-new-medicare-cards-and-new-related-scams/) - The federal government is issuing new Medicare cards to all Medicare beneficiaries. To prevent fraud and fight identity theft, the new cards will no longer have beneficiaries' Social Security numbers on them. The Centers for Medicare and Medicaid Services (CMS), the federal agency that oversees the Medicare program, is replacing each beneficiary's Social Security number with
- [How to appeal a Medicare prescription drug denial](https://www.beliveaulaw.net/2018/10/how-to-appeal-a-medicare-prescription-drug-denial/) - If your Medicare drug (Part D) plan denies coverage for a drug you need, you don't have to simply accept it. There are several steps you can take to fight the decision. The insurers offering Medicare drug plans choose both brand-name and generic medicines that they will include in a plan's "formulary." This is the
- [Check withholdings to avoid costly tax surprise](https://www.beliveaulaw.net/2018/10/check-withholdings-to-avoid-costly-tax-surprise-2/) - For most taxpayers, the Tax Cuts and Jobs Act reduced the overall tax burden. However, even though taxpayers will see an overall reduction in their taxes, many of them could still end up with a nasty tax bill at year-end. Following the passage of the TCJA, the IRS released updated withholding tables to reflect the
- [Survey: Family drama causes estate issues](https://www.beliveaulaw.net/2018/10/survey-family-drama-causes-estate-issues-2/) - Families face a variety of estate planning challenges, and family drama may be chief among them. In fact, 44 percent of planning professionals say family conflict is the biggest threat to estate planning this year, followed by tax reform (25 percent) and market volatility (12 percent), according to a survey by TD Wealth. Though conflict may
- [Would-be divorcees face year-end tax deadline](https://www.beliveaulaw.net/2018/10/would-be-divorcees-face-year-end-tax-deadline-2/) - If you are planning a divorce, talk to an adviser about how changes in the Tax Cuts and Jobs Act (TCJA) will affect your taxable income. Under the new law, for divorce agreements executed after Dec. 31, 2018, payers no longer receive a deduction for alimony payments and recipients no longer have to include them
- [Including frequent flyer miles in estate plans](https://www.beliveaulaw.net/2018/10/including-frequent-flyer-miles-in-estate-plans-2/) - When celebrity chef and author Anthony Bourdain died, his will contained a directive leaving his frequent flyer miles to his estranged wife to “dispose of in accordance with what she believes to be his wishes.” Bourdain’s frequent flyer account was almost assuredly large. He built the latter half of his career as a globetrotter, traveling
- [‘Fiduciary rule’ voided by judge: What the decision means for you](https://www.beliveaulaw.net/2018/10/fiduciary-rule-voided-by-judge-what-the-decision-means-for-you-2/) - The fiduciary rule, a regulation that required financial advisers to put their clients’ interests ahead of their own, is now dead. Enacted in 2016 after five years of development in the Department of Labor, the fiduciary rule was slated to go into full effect in 2019. But a federal court of appeals made a decision
- [Check withholdings to avoid costly tax surprise](https://www.beliveaulaw.net/2018/10/check-withholdings-to-avoid-costly-tax-surprise/) - For most taxpayers, the Tax Cuts and Jobs Act reduced the overall tax burden. However, even though taxpayers will see an overall reduction in their taxes, many of them could still end up with a nasty tax bill at year-end. Following the passage of the TCJA, the IRS released updated withholding tables to reflect the
- [Survey: Family drama causes estate issues](https://www.beliveaulaw.net/2018/10/survey-family-drama-causes-estate-issues/) - Families face a variety of estate planning challenges, and family drama may be chief among them. In fact, 44 percent of planning professionals say family conflict is the biggest threat to estate planning this year, followed by tax reform (25 percent) and market volatility (12 percent), according to a survey by TD Wealth. Though conflict may
- [Would-be divorcees face year-end tax deadline](https://www.beliveaulaw.net/2018/10/would-be-divorcees-face-year-end-tax-deadline/) - If you are planning a divorce, talk to an adviser about how changes in the Tax Cuts and Jobs Act (TCJA) will affect your taxable income. Under the new law, for divorce agreements executed after Dec. 31, 2018, payers no longer receive a deduction for alimony payments and recipients no longer have to include them
- [Including frequent flyer miles in estate plans](https://www.beliveaulaw.net/2018/10/including-frequent-flyer-miles-in-estate-plans/) - When celebrity chef and author Anthony Bourdain died, his will contained a directive leaving his frequent flyer miles to his estranged wife to “dispose of in accordance to what she believes to be his wishes.” Bourdain’s frequent flyer account was almost assuredly large. He built the latter half of his career as a globetrotter, traveling
- [Fiduciary rule’ voided by judge: What the decision means for you](https://www.beliveaulaw.net/2018/10/fiduciary-rule-voided-by-judge-what-the-decision-means-for-you/) - The fiduciary rule, a regulation that required financial advisers to put their clients’ interests ahead of their own, is now dead. Enacted in 2016 after five years of development in the Department of Labor, the fiduciary rule was slated to go into full effect in 2019. But a federal court of appeals made a decision
- [Hustling for Extra Income: Don't Forget the Taxman!](https://www.beliveaulaw.net/2018/09/hustling-for-extra-income-dont-forget-the-taxman/) - Conduct an online search of the phrase "side hustle" and you will find websites with countless ideas on how you can make some money on the side. The ideas range from carpet cleaning to podcasting. What a lot of these sites fail to inform you, is the tax implications that come from the additional income.
- [Find Your Sleep Sweet Spot](https://www.beliveaulaw.net/2018/09/find-your-sleep-sweet-spot/) - We've all heard it before - sleep is important, and you probably aren't getting enough of it. But did you know that too much sleep can be just as harmful? The Mayo Clinic recommends the ideal sleep range at 7-9 hours per night for adults. According to the National Sleep Foundation, here are some tips
- [Six Ideas to Help Your Business Survive AND Thrive](https://www.beliveaulaw.net/2018/09/six-ideas-to-help-your-business-survive-and-thrive/) - If you are like millions of taxpayers trying to make a living running a small business, you know it is tough out there. Here are six ideas to help your business survive and thrive. Understand your cash flow. One of the biggest causes of business failure is lack of positive cash flow. At the end
- [Fraud? Negligence? Know the Difference!](https://www.beliveaulaw.net/2018/09/fraud-negligence-know-the-difference/) - Each year the IRS opens thousands of investigations looking for possible tax fraud. In 2017 alone, the Criminal Investigation (CI) arm of the IRS identified $2.5 billion in potential tax fraud with a 91.5 percent conviction rate. While the IRS takes tax fraud seriously, they also understand that mistakes happen. Here is what you need
- [Keys to Creating a Satisfying Retirement](https://www.beliveaulaw.net/2018/09/keys-to-creating-a-satisfying-retirement/) - You've done your retirement homework. Your assets are reviewed, you know your financial needs, and your retirement tax plan is in place. Are you ready to enjoy retirement? Probably, but not without a plan to address what happens to many after they retire - boredom. Here are some ideas. Go to school. Many colleges and
- [Time to Launch Your Tax Strategy](https://www.beliveaulaw.net/2018/09/time-to-launch-your-tax-strategy/) - Consider conducting a final tax planning review now to see if you can still take actions to minimize your taxes this year. Here are some ideas to get you started. Assess your income. Begin by determining how your income this year will compare to last year. Then apply any tax implications this income change may
- [This month:](https://www.beliveaulaw.net/2018/09/this-month-2/) - October 1: SIMPLE IRA plan establishment due October 15: Extended individual and C-corp tax return filing deadline October 31: Halloween
- [Internet contracts must be apparent to be enforceable](https://www.beliveaulaw.net/2018/09/internet-contracts-must-be-apparent-to-be-enforceable/) - If you do business using the internet, you want to ensure your internet contracts are enforceable. To do that, terms need to be presented in such a way that users have reasonable knowledge of them. Your internet agreements may cover a range of terms including allowable use of the site, privacy policies, subscriber agreements, terms
- [Tax write-offs for government settlements restricted](https://www.beliveaulaw.net/2018/09/tax-write-offs-for-government-settlements-restricted/) - Included in the Tax Cuts and Jobs Act was a provision that disallowed tax deductions for settlements between federal agencies and companies accused of wrongdoing. While previous tax law already barred deductions for criminal fines and penalties owed to the government, businesses could still deduct payments made to compensate victims or correct damages. The effect,
- [Can a business refuse service to same-sex couples?](https://www.beliveaulaw.net/2018/09/can-a-business-refuse-service-to-same-sex-couples/) - After ruling in favor of a baker who refused to create a wedding cake for a same-sex couple, the U.S. Supreme Court declined to hear a case involving a florist who made a similar denial. The court sent the florist’s case back to a lower court, directing it to revisit the decision in light of
- [California’s new data privacy law and your business](https://www.beliveaulaw.net/2018/09/californias-new-data-privacy-law-and-your-business/) - In June, California passed a consumer privacy law that could affect many organizations conducting business in the state. The law, which has been likened to the European Union’s GDPR regulations, gives California consumers the right to know what personal information a business has collected about them, including where it was sourced from and how that
- [Glitch in new tax law discouraging business investment](https://www.beliveaulaw.net/2018/09/glitch-in-new-tax-law-discouraging-business-investment/) - In June, a group of restaurants, retailers, and industry associations sent a letter to lawmakers asking them to correct a mistake in the Tax Cuts and Jobs Act (TCJA). The law inadvertently increased the tax burden on a category of business investment called Qualified Improvement Property (QIP). The new tax law included a provision known
- [Sales tax to hit online retailers](https://www.beliveaulaw.net/2018/09/sales-tax-to-hit-online-retailers/) - In late June, the U.S. Supreme Court ruled that online retailers can be required to collect sales taxes in states where they have no physical presence. The decision came in the case of South Dakota v. Wayfair, Inc. and represents a victory for brick-and-mortar stores as well as states that claimed they were losing billions
- [Hedging Against a Trade War](https://www.beliveaulaw.net/2018/09/hedging-against-a-trade-war/) - As a small business owner, the words "trade war" and "tariff" can be unsettling. When cost uncertainty is on the horizon, you will want to be prepared as much as possible. Here are some ideas to help you navigate your business through a possible trade war. Tariffs defined A tariff is a tax on imports
- [Give your Credit Score a Boost](https://www.beliveaulaw.net/2018/09/give-your-credit-score-a-boost/) - Your credit score is one of the most important aspects of your financial health. It is used by potential lenders, landlords, and even employers to analyze your financial situation in one way or another. Here are some tips that might help you improve your score: Review your credit report and, if necessary, fix errors. You
- [Combat Employee Turnover](https://www.beliveaulaw.net/2018/09/combat-employee-turnover/) - With unemployment at historically low rates, retaining employees is harder than ever. Here are some tips to help your business maintain a thriving workforce: Invest in current employees. One of the key opportunities for business success is a continual investment in your current workforce. If you have employees with potential to grow, offer training and
- [The Eye-Opening Video Games Phenomena](https://www.beliveaulaw.net/2018/09/the-eye-opening-video-games-phenomena/) - Over the course of the last 20 years, video games have morphed from an entertainment choice into a lifestyle. According to a 2018 Nielsen study, a whopping 66 percent of Americans 13 and older identify themselves as gamers. Here's what you need to know: Major Developments A massive 24/7 online community. Instead of needing friends
- [Education: Tax Changes You Need to Know](https://www.beliveaulaw.net/2018/09/education-tax-changes-you-need-to-know/) - As students gear up to head back to school, there are some changes to education deductions that could save or cost you more in taxes and even raise college tuition costs. Here is what you need to know to get up to speed: What is gone Continuing Education as an itemized deduction: In previous years,
- [Is a Tax Surprise Waiting for You?](https://www.beliveaulaw.net/2018/09/is-a-tax-surprise-waiting-for-you/) - Often lost in the excitement of large-scale tax change is how they can negatively impact some individual situations. Check out the questions below to see if you might be in for a tax surprise this year. Will you pay more than $10,000 in state and local taxes? Previously, you could take a full deduction for
- [Upcoming Dates](https://www.beliveaulaw.net/2018/09/upcoming-dates/) - September 3: Labor Day September 17: 3rd quarter estimated tax due Filing deadline for 2017 S corp and partnership returns that received extension October 1: SIMPLE IRA plan establishment due
- [Manage Capital Gains Tax Tips](https://www.beliveaulaw.net/2018/08/manage-capital-gains-tax-tips/) - If not tracked and managed properly, capital gains tax can come as a large surprise at tax-filing time. In fact, many taxpayers don't realize they have a capital gain until they get their 1099 form in January and see a capital gain distribution. Here's what you need to know. Understand capital gains and their taxability
- [Setting up Your Business Accounting System](https://www.beliveaulaw.net/2018/08/setting-up-your-business-accounting-system/) - You've done the hard work. You have a new business idea or you've found an existing business to purchase. Want to help ensure your business success? Pay attention to correctly set up your business' accounting system. Here's how: Consider business entity. Choosing the right legal and tax entity for your business is important. Consult experts
- [Are you Sharing Too Much Information Online?](https://www.beliveaulaw.net/2018/08/are-you-sharing-too-much-information-online/) - In today's digital age, it is impossible to avoid the internet. Even if you don't have a computer and actively avoid social media, there is information about you in some corner of the web. Here are some tips to help you manage your digital footprint: Actively manage your security settings. Every app, social media site
- [Dramatic Sales Tax Change](https://www.beliveaulaw.net/2018/08/dramatic-sales-tax-change/) - The U.S. Supreme Court issued a ruling in the South Dakota vs Wayfair case that opens the door for states to impose the sales tax on sellers outside their borders. The case highlights a new standard of business presence called "economic nexus" that may have major implications for businesses and consumers alike. Economic nexus explained
- [Ideas to Improve Your Financial Health](https://www.beliveaulaw.net/2018/08/ideas-to-improve-your-financial-health/) - No-one likes to be blindsided by financial hardship. Listed here are 10 ideas to help ensure your financial situation stays healthy. Create a safety net. Plan to have a minimum savings balance to cover at least three months' of expenses (ideally, this should be six to 12 months). If your reserves are light, start saving
- [Student Loan Forgiveness Creates New Tax Trap](https://www.beliveaulaw.net/2018/08/student-loan-forgiveness-creates-new-tax-trap/) - There's a new student loan repayment program that forgives some student loan debt if other payments are made. This new debt forgiveness is creating a tax surprise for the unsuspecting student. Here is what you need to know. The debt forgiveness program dilemma To combat the hardship of high student loan debt, a popular new
- [My grandma had said there was 1,000$ for the 7 of us. But my aunt is keeping it all. What do i do?](https://www.beliveaulaw.net/2018/08/my-grandma-had-said-there-was-1000-for-the-7-of-us-but-my-aunt-is-keeping-it-all-what-do-i-do/) - ADDITIONAL INFORMATION: My aunt is keeping all my grandma's stuff and her 7,000$ life insurance from the rest of the family. My grandma said we each get 1,000$ from her. But my aunt is lying and keeping everything. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: Life insurance is payable to the beneficiary listed on
- [What is the least expensive way to open an estate in Florida, to purchase property froma New Mexico estate? Property in Lee Cty](https://www.beliveaulaw.net/2018/07/what-is-the-least-expensive-way-to-open-an-estate-in-florida-to-purchase-property-froma-new-mexico-estate-property-in-lee-cty/) - ADDITIONAL INFORMATION: I am under contract to purchase real estate which is located in Lee County, Florida. The seller of said real estate is an estate of a man who passed away in the State of New Mexico. The estate was apparently 'probated' in New Mexico. So, the title company is telling me that I
- [Can I sue someone that borrowed 90.00?](https://www.beliveaulaw.net/2018/07/can-i-sue-someone-that-borrowed-90-00/) - ADDITIONAL INFORMATION: A friend asked to borrow $100.00. I send him 90.00 on western union plus pay a fee of 12.50...Now this person does not want to pay me..Can I sue him for the $90.00 plus I want to add. PAIN AND SUFFERING....So now I want to sue him for $5000.00. Can I take him
- [Know when to consult a real estate attorney](https://www.beliveaulaw.net/2018/07/know-when-to-consult-a-real-estate-attorney/) - It’s generally wise to seek the advice of a real estate attorney any time you buy or sell a property. Common sale scenarios pose specialized legal risk, and you should consult an experienced attorney if any of the following apply to your sale: Judgements or liens: If there’s a lien on your property, retain an
- [Getting a mortgage with frozen credit](https://www.beliveaulaw.net/2018/07/getting-a-mortgage-with-frozen-credit/) - Remember the Equifax data breach last summer? Roughly 145 million Americans had their personal information and credit data compromised, leaving them open to identity fraud and theft. As a result, U.S. credit bureaus (Experian, Equifax, and TransUnion) saw a surge in consumers signing up to freeze their accounts. Now some would-be homebuyers are running into
- [Buyers increasing down payments to gain edge](https://www.beliveaulaw.net/2018/07/buyers-increasing-down-payments-to-gain-edge/) - Buyers are facing heavy competition in certain U.S. housing markets, and many are increasing their down payment to gain the competitive edge. In purchase situations with multiple offers, the buyer with the larger down payment is likely to win out. In part, that’s because larger down payments suggest less risk that financing could fall through.
- [Home values could decline, thanks to tax changes](https://www.beliveaulaw.net/2018/07/home-values-could-decline-thanks-to-tax-changes/) - The Tax Cuts and Jobs Act, signed into law in late December, will affect millions of Americans in different ways. When it comes to real estate, legal experts suggest that the massive tax overhaul could have some unintended consequences, including discouraging homeownership and slowing the pace of home appreciation. Here’s how the new law affects
- [HUD makes reverse mortgages less attractive](https://www.beliveaulaw.net/2018/07/hud-makes-reverse-mortgages-less-attractive/) - The Department of Housing and Urban Development (HUD) has made changes to the federal reverse mortgage program. Citing the need to put the program on better financial footing, HUD has raised reverse mortgage fees for some borrowers and lowered the amount homeowners can borrow. The changes took effect on October 2, 2017. They affect borrowers who take
- [Should you enroll in two popular Medigap plans while you can?](https://www.beliveaulaw.net/2018/07/should-you-enroll-in-two-popular-medigap-plans-while-you-can/) - If you will soon turn 65 and be applying for Medicare, you should carefully consider which “Medigap” policy to enroll in because two of the most popular plans will be ending soon. Between copayments, deductibles, and coverage exclusions, Medicare does not cover all medical expenses. Medigap (or “supplemental”) plans offered by private insurers are designed
- [What happens when a nursing home closes?](https://www.beliveaulaw.net/2018/07/what-happens-when-a-nursing-home-closes/) - The expansion of alternatives to nursing homes, such as assisted living and community care, has been financially challenging for the nursing home industry, and every year a small percentage of facilities close their doors. The state or federal government may also shutter a facility for safety issues. Moving into a nursing home can be a
- [How to reverse Medicare surcharges when your income changes](https://www.beliveaulaw.net/2018/07/how-to-reverse-medicare-surcharges-when-your-income-changes/) - Are you a high-income Medicare beneficiary who is paying a surcharge on your premiums but who has experienced a drop in income or is anticipating one? If your circumstances change, you can reverse those surcharges. Higher-income Medicare beneficiaries (individuals who earn more than $85,000) pay higher Part B and prescription drug benefit premiums than do Medicare beneficiaries
- [Three reasons why giving your house to your kids isn't the best way to protect it from Medicaid](https://www.beliveaulaw.net/2018/07/three-reasons-why-giving-your-house-to-your-kids-isnt-the-best-way-to-protect-it-from-medicaid/) - Are you afraid of losing your home if you have to enter a nursing home and apply for Medicaid? While this fear is well-founded, transferring the home to your children is usually not the best way to protect it. Although a home generally does not have to be sold in order to qualify for Medicaid
- [How can I obtain power of attorney over my sister that is unable to sign?](https://www.beliveaulaw.net/2018/07/how-can-i-obtain-power-of-attorney-over-my-sister-that-is-unable-to-sign/) - ADDITIONAL INFORMATION: My sister is in a nursing home at the age of 41 she has liver damage and has dementia and she can not make decisions on her own anymore and can not take care of herself. I have been helping her and making decisions for her but need power of attorney to make
- [What should I do about a verbal agreement and one witness?](https://www.beliveaulaw.net/2018/07/what-should-i-do-about-a-verbal-agreement-and-one-witness/) - ADDITIONAL INFORMATION: My mother passed away. Before she passed, she had a talk with my step-dad and her kids separately. She stated to me and my brother that she and my step-dad had talked about what she wanted to do with her money. She was leaving her s.s., pension and 401k to her kids. She
- [Can the executor of someone’s estate help them change their will?](https://www.beliveaulaw.net/2018/07/can-the-executor-of-someones-estate-help-them-change-their-will/) - ADDITIONAL INFORMATION: It is my uncles will. My mother is his sister. Initially my uncle put me and my 2 sisters on his will to inherit everything. Recently he has become very ill and we found out we were removed and now everything will go to my mother. We have suspicion that she did this
- [My Aunt died she lived alone, had no life insurance and no will--she has an x husband and step children who acts as executor?](https://www.beliveaulaw.net/2018/07/my-aunt-died-she-lived-alone-had-no-life-insurance-and-no-will-she-has-an-x-husband-and-step-children-who-acts-as-executor/) - ADDITIONAL INFORMATION: I am the nephew, and live closest to where my aunt lived, but was told that the step children will have to decide her estate--The hospital and her landlord call my house what should I do if her step children and ex husband do not respond? ANSWER BY MARGARET CROSS-BELIVEAU: If your aunt
- [My ex is refusing to give me ss# so I can put my boys in my will?](https://www.beliveaulaw.net/2018/07/my-ex-is-refusing-to-give-me-ss-so-i-can-put-my-boys-in-my-will/) - ADDITIONAL INFORMATION: I now have a living will and have requested at least 5 times to my ex wife’s attorney my boys ss# I am not allowed to talk to my ex and still have not gotten them what can I do? ANSWER BY MARGARET CROSS-BELIVEAU: A living will is a document which lays out
- [Can a term life insurance policy be active if payment on premiums stopped 4 years ago?](https://www.beliveaulaw.net/2018/07/can-a-term-life-insurance-policy-be-active-if-payment-on-premiums-stopped-4-years-ago/) - ADDITIONAL INFORMATION: My ex-husband passed away and our kids are the beneficiaries of his term life insurance. When I called to file the claim I was told that his policy was active. I was sent the paperwork and all of a sudden several months later, the company says that "after further investigation" they've found out
- [For Massachusetts, NOT FEDERAL, Estate Tax: Does a gift of 100,000 need to be added back into my dad's estate to calculate tax?](https://www.beliveaulaw.net/2018/07/for-massachusetts-not-federal-estate-tax-does-a-gift-of-100000-need-to-be-added-back-into-my-dads-estate-to-calculate-tax/) - ADDITIONAL INFORMATION: Dad's estate is 1,400,000 and he died single. A year before his death he gave me $100,000. Do I use 1,400,000 or add the $100,000 for $1,500,000 when completing the MASSACHUSETTS ESTATE TAX RETURN? I am worried about some three year rule I read about> That is, the gift to me of 100,000
- [Useful Online Productivity and Security Tools](https://www.beliveaulaw.net/2018/07/useful-online-productivity-and-security-tools/) - Here are several popular free or inexpensive online tools that can help manage and protect your online activities. They range from password management tools to security protection services. Password Managers A decade-old study by Microsoft estimates that the average person memorizes about six passwords and reuses them over and over. Today most people use dozens
- [Elements of a Good Business Partnership](https://www.beliveaulaw.net/2018/07/elements-of-a-good-business-partnership/) - Like a bundle of sticks, good business partners support each other and are less likely to crack under strain together than on their own. In fact, companies with multiple owners have a stronger chance of surviving their first five years than sole proprietorships, according to U.S. Small Business Administration data. Yet sole proprietorships are more
- [Is It Worth It to Amend Your Return?](https://www.beliveaulaw.net/2018/07/is-it-worth-it-to-amend-your-return/) - Whether it makes sense to amend your return depends on which of these situations you're in: If you owe the IRS If you discover an omission on your tax return that results in you owing additional tax, you need to correct it with an amendment and provide the tax due. Don't delay if this is
- [Become Debt-Free](https://www.beliveaulaw.net/2018/07/become-debt-free/) - The average household carries $137,063 in debt, while the median household income is less than $60,000, according to data from the Federal Reserve and U.S. Labor Department. While it's easy to get into debt, it can be hard to get out. Here are five tips personal finance experts recommend to lower your debt burden: List
- [How Long Will It Last?](https://www.beliveaulaw.net/2018/07/how-long-will-it-last/) - Planning to replace common items Part of financial planning is having a good sense of how much it will cost to replace your possessions when they break down or wear out. But many of the big-ticket consumer products may cost more to replace and wear out sooner than you think. An essential part of financial
- [Five Tax Breaks for New Parents](https://www.beliveaulaw.net/2018/07/five-tax-breaks-for-new-parents/) - New parents have their work cut out for them. Not only are they dealing with lost sleep, they also face the extra cost of raising a child. At least there are a lot of potential tax breaks available to them. Check out this list and share it with any new parents you know. Child Tax
- [This month:](https://www.beliveaulaw.net/2018/07/this-month/) - July 4: Independence Day July 31: Quarterly federal excise tax returns (Form 720) due July 31: Employer quarterly federal tax returns (Form 941) due July 31: Calendar-year employee retirement and benefit plan returns (5500 series) due It's the height of summer, and hopefully you've had a chance to enjoy some pleasant weather and Fourth of
- [How do I remove myself as Trustee from my mother’s trust?](https://www.beliveaulaw.net/2018/06/how-do-i-remove-myself-as-trustee-from-my-mothers-trust/) - ADDITIONAL INFORMATION: I don’t want the responsibility that my mother has written in trust. The trust give me power to evict my brother from her home if he doesn’t do repairs. ANSWER BY MARGARET CROSS-BELIVEAU: It depends on the type of trust. If your mother is currently living and has the right to remove and
- [Can property in trust, made irrevocable after death of trustor, be refinanced?](https://www.beliveaulaw.net/2018/06/can-property-in-trust-made-irrevocable-after-death-of-trustor-be-refinanced/) - ADDITIONAL INFORMATION: Mom put her home in living trust that became irrevocable after she died. Title changed to reflect successor trustees, but still in name of Trust. Can we refinance? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, it is possible to refinance within the trust. You will have to search to find a bank that is willing
- [Buying long term care insurance for your parents](https://www.beliveaulaw.net/2018/06/buying-long-term-care-insurance-for-your-parents/) - Are your parents adequately prepared for retirement? If not, are you planning to help them out? In many families, one or more adult children will step up to help Mom and Dad when they can no longer safely take care of themselves. That could mean time away from your family and job or pitching in
- [When your parents die with debt](https://www.beliveaulaw.net/2018/06/when-your-parents-die-with-debt/) - At any age, the death of a parent is a difficult experience. But these days more adult children are dealing with an added stressor: the realization that Mom or Dad died with debt. In the past decade, there’s been a steep increase in debt among senior households. According to a report from the Employee Benefit
- [New tax law prompts IRA conversions](https://www.beliveaulaw.net/2018/06/new-tax-law-prompts-ira-conversions/) - Lower income tax rates make this an attractive time to convert your traditional IRA into a Roth IRA. By converting, you’ll pay taxes on those funds now instead of at some future (likely higher) rate. The main hurdle will be paying taxes owed. If you convert $50,000 from a traditional IRA to a Roth, your
- [Protect work with lasting value: Estate planning for copyrights](https://www.beliveaulaw.net/2018/06/protect-work-with-lasting-value-estate-planning-for-copyrights/) - Artists and their families have unique needs when it comes to estate planning. Be aware of the following strategies to protect the value of an artist’s work during and after his or her lifetime: Copyright eligibility. The first step is understanding what constitutes a copyrightable work. Protection is available to original works that are either written
- [Make an estate plan for your digital assets](https://www.beliveaulaw.net/2018/06/make-an-estate-plan-for-your-digital-assets/) - Today, 77 percent of Americans go online every day, according to a recent Pew Research Center survey, and most of us maintain at least some kind of digital data in the cloud. We save emails, post to social media, and store photos in online albums. All of this digital information has created a new issue
- [My name is on the deed not on the title. Do I own the house?](https://www.beliveaulaw.net/2018/06/my-name-is-on-the-deed-not-on-the-title-do-i-own-the-house/) - ADDITIONAL INFORMATION: My grandmother bought a house and put it in my name. However, the title is in her name. She is now deceased. Trying to figure out if the house is mine or if it passes on to her (adult) children if no will. ANSWER BY MARGARET CROSS-BELIVEAU: The term title is synonymous with
- [Can a durable poa take a payable on death account that was there for me 6 hours before moms death and against my moms will take that account?](https://www.beliveaulaw.net/2018/06/can-a-durable-poa-take-a-payable-on-death-account-that-was-there-for-me-6-hours-before-moms-death-and-against-my-moms-will-take-that-account/) - ADDITIONAL INFORMATION: My sister had durable poa 6 hours before my moms death. She went to bank withdrew the pod account that my mom wanted me to have. I have original pod account paperwork that I was sole beneficiary and have in writing that in case she died I could go to bank with death
- [How do I show my former rental property is now my primary residence to reduce taxes at time of sale.](https://www.beliveaulaw.net/2018/06/how-do-i-show-my-former-rental-property-is-now-my-primary-residence-to-reduce-taxes-at-time-of-sale/) - ADDITIONAL INFORMATION: I understand, if I convert a rental property into a primary residence for two years, I can save a lot on taxes at time of sale. What evidence does IRS require to substantiate this property has been converted to primary residence for a two year period? ANSWER BY MARGARET CROSS-BELIVEAU: The IRS uses
- [Do I have the right to see my mother’s bank statements to reconcile them and make sure there have been no errors or fraud?](https://www.beliveaulaw.net/2018/06/do-i-have-the-right-to-see-my-mothers-bank-statements-to-reconcile-them-and-make-sure-there-have-been-no-errors-or-fraud/) - ADDITIONAL INFORMATION: Hi, I have a simple question. Maybe someone can help?.... My 93 year old mother has dementia but is still cognizant part of the time. She has 24 hour care at home. My brother and sister have joint POA. There are seven siblings in our family. Another sister with a drinking problem has
- [Can I take the RMDs for an inherited IRA and my regular IRA, both from only the inherited IRA?](https://www.beliveaulaw.net/2018/06/can-i-take-the-rmds-for-an-inherited-ira-and-my-regular-ira-both-from-only-the-inherited-ira/) - ADDITIONAL INFORMATION: I have two IRAs, a regular one that I funded and an inherited one. An RMD is required for each. Can I take both RMDs from the inherited IRA until it is depleted? ANSWER BY MARGARET CROSS-BELIVEAU: No, you can't take it all from one IRA. You can lump the traditional IRAs into
- [My sister is on Medicaid and she will be getting a small inheritance what she be allowed to keep this money being that she's on?](https://www.beliveaulaw.net/2018/06/my-sister-is-on-medicaid-and-she-will-be-getting-a-small-inheritance-what-she-be-allowed-to-keep-this-money-being-that-shes-on/) - ADDITIONAL INFORMATION: My sister is kind of disabled and on Medicaid & Medicare. She's getting an inheritance. Will she be able to keep the money? thank you for your help ANSWER BY MARGARET CROSS-BELIVEAU: As she is on Medicare, I am assuming that she is over 65. Different rules apply for different ages. Medicaid is
- [Does my brother have a right to sell my mother's house?](https://www.beliveaulaw.net/2018/06/does-my-brother-have-a-right-to-sell-my-mothers-house/) - ADDITIONAL INFORMATION: My mother is in a nursing home. Before that I was her caregiver. I am still her power of attorney. I still live in my childhood home and have started a family of my own. My brother just got out of prison and wants the house. He only lived in the house for
- [Can my landlord not renew my month to month lease because of one noise complaint ?](https://www.beliveaulaw.net/2018/06/can-my-landlord-not-renew-my-month-to-month-lease-because-of-one-noise-complaint/) - ADDITIONAL INFORMATION: I received a noise complaint while I was out of town, my sister was watching my dogs and received a couple complaints in one night. The next day I had a notice on my door saying they weren’t going to renew my lease. I’ve never had any problems or complaints about me. I
- [Mom passed away ?](https://www.beliveaulaw.net/2018/06/mom-passed-away/) - ADDITIONAL INFORMATION: Before my mom passed away she put the deed in my sisters name and told my sister split the house with me my sister took everything what can I do ANSWER BY MARGARET CROSS-BELIVEAU: It appears that your mother attempted to create an oral trust for you with your sister. In order to
- [Do any of you advise against using online template forms to create your own Will, Power of Attorney and Health Care Directive?](https://www.beliveaulaw.net/2018/06/do-any-of-you-advise-against-using-online-template-forms-to-create-your-own-will-power-of-attorney-and-health-care-directive/) - ADDITIONAL INFORMATION: Some of my colleagues have used these forms to create their own Will and Power of Attorney--not sure about Health Care Directive. As long as they are notarized, I assume these documents are considered as legal as those created by an Attorney--or am I mistaken? Are there cautionary tales you wish to share?
- [Can a LLC be the trustee of a nominee trust?](https://www.beliveaulaw.net/2018/06/can-a-llc-be-the-trustee-of-a-nominee-trust/) - ADDITIONAL INFORMATION: Looking to set up a nominee trust can a llc be the trustee? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, any entity or person may serve as a Trustee of a nominee trust. The problems that are encountered with an entity serving as a trustee occur when the entity is no longer in existence and
- [Does an executor need to disclose how money is being spent?](https://www.beliveaulaw.net/2018/06/does-an-executor-need-to-disclose-how-money-is-being-spent/) - ADDITIONAL INFORMATION: My mother had a stroke, but is very cognitive and alert , she is in rehab. My brother has taken over as executor to pay bills. As one of 8 siblings I have asked several times how the bills are being paid. I have asked for detail info since I knew exactly what
- [Tips when evaluating cyber-insurance policies](https://www.beliveaulaw.net/2018/06/tips-when-evaluating-cyber-insurance-policies/) - Cyber-insurance policies cover business liability for a data breach in which customer information (such as social security or credit data) is exposed or stolen by a hacker. Such policies may also cover data breaches due to employee error or malfeasance. Depending on the policy, this insurance can cover a range of expenses associated with data
- [When you should mediate a legal dispute](https://www.beliveaulaw.net/2018/06/when-you-should-mediate-a-legal-dispute/) - If your business is involved in a legal dispute, you may voluntarily agree or be required to participate in mediation. Mediation is an alternative way of setting disputes that involves negotiation with support from a neutral third-party. Typically, mediation involves key decision makers from each party as well as their legal counsel. The mediator begins
- [How to shield your website or app from copycats](https://www.beliveaulaw.net/2018/06/how-to-shield-your-website-or-app-from-copycats/) - They say that imitation is the sincerest form of flattery. That’s all well and good if someone copies your new outfit. But imitation is a whole other issue when it comes to online innovation. Let’s say you’ve just come up with a new online business idea and you’re convinced it has the potential to be
- [Safeguard trade secrets](https://www.beliveaulaw.net/2018/06/safeguard-trade-secrets/) - Your company’s proprietary information is your secret sauce. It’s what makes your company distinct and competitive in the market. Yet too few businesses put real time and attention into protecting this valuable information. If information is stolen and you choose to pursue legal measures, you have an obligation to show that you took reasonable steps
- [Protect your business idea before you patent](https://www.beliveaulaw.net/2018/06/protect-your-business-idea-before-you-patent/) - The patent process is lengthy, complicated and expensive. So how can an inventor or small business owner move forward with an innovation? Eventually you’re going to have to share your idea with someone who will help develop it, manufacture it, or otherwise bring it to market. Here are three legal tools you can use, with
- [FTC targets gaming influencers in first official enforcement action](https://www.beliveaulaw.net/2018/06/ftc-targets-gaming-influencers-in-first-official-enforcement-action/) - The FTC is continuing its scrutiny of social media influencers who fail to disclose paid endorsements and other compensatory arrangements. In September of this year, the FTC took its first law enforcement action, settling charges with YouTube broadcasters Trevor Martin and Thomas Cassell, known on their channels as “TmarTn” and “Syndicate.” Martin and Cassell were
- [Congress kills arbitration rule](https://www.beliveaulaw.net/2018/06/congress-kills-arbitration-rule/) - Financial institutions can continue to block customers from banding together in class-action lawsuits, thanks to Congress’ decision to kill a pending arbitration regulation. The Consumer Financial Protection Bureau’s (CFPB) “arbitration rule,” which would have barred companies from including forced-arbitration clauses in financial contracts such as credit card agreements and car loans, was slated to take
- [What if any is a recourse to trustee for giving items to named disinherited in the trust?](https://www.beliveaulaw.net/2018/06/what-if-any-is-a-recourse-to-trustee-for-giving-items-to-named-disinherited-in-the-trust/) - ADDITIONAL INFORMATION: The trustee bent over backwards to get personal property for 4 disinherited people named in the trust... they were not to receive anything but $1. Each. She disregarded beneficiaries and made sure these people got everything they asked for. Trustee wouldn’t listen to anyone and did what she wanted. ANSWER BY MARGARET CROSS-BELIVEAU:
- [How do I remove my mother's name from the title to my (our) home?](https://www.beliveaulaw.net/2018/06/how-do-i-remove-my-mothers-name-from-the-title-to-my-our-home/) - ADDITIONAL INFORMATION: My mother is 97 years old with dementia such that she needs 24 hour care. She is destitute and on Medicaid and is represented by an elder law lawyer who is her court appointed guardian. I am considering the possibility of selling our townhouse and moving to be near one of my children.
- [Is a will drawn up in Florida valid in NH?](https://www.beliveaulaw.net/2018/06/is-a-will-drawn-up-in-florida-valid-in-nh/) - ADDITIONAL INFORMATION: My parents had a will done when they lived in Florida. They have since moved back to NH so we can help them. Should we have the will redone? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, New Hampshire will honor a will executed in Florida. However, New Hampshire will require additional documents to be submitted,
- [Executor of a Trust refuses to provide both cash and deed I have been given.  What do i do?](https://www.beliveaulaw.net/2018/06/executor-of-a-trust-refuses-to-provide-both-cash-and-deed-i-have-been-given-what-do-i-do/) - ADDITIONAL INFORMATION: The executor/daughter to the deceased does not want to give the cash and deed I was left in the Trust. What are my options or rights in this situation? ANSWER BY MARGARET CROSS-BELIVEAU: You as a beneficiary of a trust have the right to know about your inheritance, unless the trust is what
- [Do I have to divide any money or estate left to me if not instructed to?](https://www.beliveaulaw.net/2018/06/do-i-have-to-divide-any-money-or-estate-left-to-me-if-not-instructed-to/) - ADDITIONAL INFORMATION: I have just lost my grandmother. She left me her 401k, life insurance, and I'm pretty sure her estate ANSWER BY MARGARET CROSS-BELIVEAU: As a beneficiary of the 401(k) and life insurance, you will inherit these assets outside of probate. Her estate will be governed by her will. If she named you as
- [Can children stop parent from placing headstone on deceased parent grave?](https://www.beliveaulaw.net/2018/06/can-children-stop-parent-from-placing-headstone-on-deceased-parent-grave/) - ADDITIONAL INFORMATION: My mother passed away 3 months ago. I have two siblings....our dad had a new(old) girlfriend less than 2 weeks after we buried our mother. He is taking this new girlfriend to look at headstones and we do not agree with the choice. Can we stop him from placing headstone? Or at least
- [6 tax benefits of owning a home](https://www.beliveaulaw.net/2018/06/6-tax-benefits-of-owning-a-home/) - If you own or are considering owning a home, you can take advantage of many tax benefits. Here are six of the most commonly used homeowner's tax breaks: Mortgage interest deduction. You can deduct the interest you pay on your monthly mortgage bill when you itemize deductions on your tax return. This can be a
- [The new small business family medical leave credit](https://www.beliveaulaw.net/2018/06/the-new-small-business-family-medical-leave-credit/) - There’s a new business tax credit that partially reimburses employers for providing paid family and medical leave for select employees. But small businesses should be informed before they try to use this new Family and Medical Leave Act (FMLA) tax break. Basics of the new credit Employers who provide at least two weeks of paid
- [Tax filing reminders](https://www.beliveaulaw.net/2018/06/tax-filing-reminders-16/) - June 15 – The second installment of 2018 individual estimated tax is due.
- [It’s tax-planning time](https://www.beliveaulaw.net/2018/06/its-tax-planning-time/) - Now is the ideal time to schedule a tax-planning session. Your tax return outcome is still fresh, and it’s early enough in the year to make corrective action to take advantage of the numerous new tax law changes taking place in 2018. Here’s a brief overview of some of the new tax issues that you
- [What is the difference between a durable power of attorney and a power of attorney?](https://www.beliveaulaw.net/2018/05/what-is-the-difference-between-a-durable-power-of-attorney-and-a-power-of-attorney/) - ADDITIONAL INFORMATION: My mother is 88 years old. She would like help paying bills, being a representative for her with her bank and other creditors. What type of form do I need? ANSWER BY MARGARET CROSS-BELIVEAU: A power of attorney is a document which gives an agent the ability to make financial decisions for the
- [Our 21 year old daughter was diagnosed with serious pancreatitis.](https://www.beliveaulaw.net/2018/05/our-21-year-old-daughter-was-diagnosed-with-serious-pancreatitis/) - ADDITIONAL INFORMATION: She refused medical treatment and was told that doing so could result in death. She is not suicidal, but if she continues her current course she could die. Is there any legal way to compel her to medical treatment? ANSWER BY MARGARET CROSS-BELIVEAU: Your daughter is an adult and has a right to
- [Can I use a TOD for real estate?](https://www.beliveaulaw.net/2018/05/can-i-use-a-tod-for-real-estate/) - ADDITIONAL INFORMATION: I want to leave my house for my daughter when I die and avoid probate. ANSWER BY MARGARET CROSS-BELIVEAU: Unlike cash accounts, there is no transfer on death designation. Avoid probate in several ways. You can grant to your daughter an ownership interest in your home by reserving a life estate and granting
- [What rights do my siblings and I have to my grandmothers estate if our mother's inheritance was sold before she died?](https://www.beliveaulaw.net/2018/05/what-rights-do-my-siblings-and-i-have-to-my-grandmothers-estate-if-our-mothers-inheritance-was-sold-before-she-died/) - ADDITIONAL INFORMATION: My Grandfather passed away in 2007. 6 months before his passing, he sold the home he had left in his will for my mother. My Mother passed away in 2016. 6 months before, her mother, my grandmother, passed away in 2017. My grandfather's will was possibly never read in 2007 stating that my
- [Will my father lose his home??](https://www.beliveaulaw.net/2018/05/will-my-father-lose-his-home/) - ADDITIONAL INFORMATION: My father is 80 years old and his wife Gracie is 72. They have been married for 32 years. My father has 3 children with my mom, he and his wife have no children together and she had no other children previously. She owned their home when they got married and they have
- [My husband and his mother own a two family house what happens if one of them dies?](https://www.beliveaulaw.net/2018/05/my-husband-and-his-mother-own-a-two-family-house-what-happens-if-one-of-them-dies/) - ADDITIONAL INFORMATION: My husband and his mother bought a two family 20 years ago I just married my husband five years ago he has no children of his own his mother has five children what happens with the house if one of them dies? Thank you...They are both pretty ambivalent about seeing a lawyer they
- [Must a trustee transfer the title of a home he inherited (currently in a Trust) before selling it?](https://www.beliveaulaw.net/2018/05/must-a-trustee-transfer-the-title-of-a-home-he-inherited-currently-in-a-trust-before-selling-it/) - ADDITIONAL INFORMATION: My friends brother was "willed" a home from his Father. His Father setup an irrevocable trust to handle his assets after death. My friends brother kept this property within the trust for almost 24 months, expensing taxes, repairs and other items as trust expenses, then sold the house directly from the trust and
- [Can the father have any custody if he left me when I was 5 weeks pregnant?](https://www.beliveaulaw.net/2018/05/can-the-father-have-any-custody-if-he-left-me-when-i-was-5-weeks-pregnant/) - ADDITIONAL INFORMATION: The father left me when I was 5 weeks pregnant and has not been involved ...he is wanted for 3 warrants. He is a recovering drug addict. ANSWER BY MARGARET CROSS-BELIVEAU: First the paternity must be established. If you did not name the father on the birth certificate and you were not married,
- [What happens if a beneficiary of a will doesn't follow it](https://www.beliveaulaw.net/2018/05/what-happens-if-a-beneficiary-of-a-will-doesnt-follow-it/) - ADDITIONAL INFORMATION: My two sisters, myself, and my deceased Dad's live in caregiver are beneficiaries of my Dad's will. According to the will, the caregiver can live in the house up to 6 months after Dad passed. At this time we can sell the house and split the profits. If the caregiver isn't out of
- [How do I remove myself off a durable general power of attorney](https://www.beliveaulaw.net/2018/05/how-do-i-remove-myself-off-a-durable-general-power-of-attorney/) - ADDITIONAL INFORMATION: I was asked to be a friend of mine’s durable power of attorney he is incarcerated and is just too much for me to handle I would like somebody else to take over how do I take myself off a durable general power of attorney ANSWER BY MARGARET CROSS-BELIVEAU: You are not locked
- [Why does my mother have to sign a 'removal request' from the title of the house when she had a quitclaim deed, done in 2005?](https://www.beliveaulaw.net/2018/05/why-does-my-mother-have-to-sign-a-removal-request-from-the-title-of-the-house-when-she-had-a-quitclaim-deed-done-in-2005/) - ADDITIONAL INFORMATION: A Quitclaim, which turned ownership of the house to her three kids for one dollar was drawn up in 2005. Mother is now in assisted living and my brother is buying out his two siblings' share. Why would the lenders' title company want my mother to sign a 'removal request' to get her
- [Does a property that is held by siblings as "tenants in common" automatically pass on to the surviving spouse when one dies?](https://www.beliveaulaw.net/2018/05/does-a-property-that-is-held-by-siblings-as-tenants-in-common-automatically-pass-on-to-the-surviving-spouse-when-one-dies/) - ADDITIONAL INFORMATION: My husband and his three siblings were deeded land via a "quit claim" by their parents. One of the siblings has passed away and did not have a will. Does his share automatically pass on to his spouse or would it pass on to his children? ANSWER BY MARGARET CROSS-BELIVEAU: Only a joint
- [How do I make the Trustee of my irrevocable Trust make good on an addendum that was written into the Trust?](https://www.beliveaulaw.net/2018/05/how-do-i-make-the-executor-asst-of-my-irrevocable-trust-make-good-on-an-addendum-that-was-written-into-the-trust/) - ADDITIONAL INFORMATION: The trust states at ages 21, 25, and 35, I could withdrawal certain percentages of the principal for family needs. At age 25 instead of taking 33% of 1.4 million, I agreed to purchase a home, go on vacation, and buy my now wife wedding ring. In the addendum, it states if I
- [If a father gives temporary custody to his mother, what rights does the maternal grandmother have?](https://www.beliveaulaw.net/2018/05/if-a-father-gives-temporary-custody-to-his-mother-what-rights-does-the-maternal-grandmother-have/) - ADDITIONAL INFORMATION: My child died. Father got custody of my grandchild. He then gave temp custody to his mother to avoid DSS getting involved. In our court agreement papers, he was suppose to inform me if he couldn't take care of his child but never did. He gave his mother temp custody secretively ANSWER BY
- [Spouse passed no WILL, Bank Account in separate name, married since 2006, no kids, Small Estate Affidavit or ?](https://www.beliveaulaw.net/2018/05/spouse-passed-no-will-bank-account-in-separate-name-married-since-2006-no-kids-small-estate-affidavit-or/) - ADDITIONAL INFORMATION: My spouse passed suddenly last week married since 2006 no kids, currently married he had no WILL. We kept separate bank accounts he had a small business it was easier for spending. I am not listed on checking account and it's around $55k am I to file Small Estate Affidavit or Informal Probate.
- [I don't want to be the executor of my mothers will. How can I remove myself of this obligation.](https://www.beliveaulaw.net/2018/05/i-dont-want-to-be-the-executor-of-my-mothers-will-how-can-i-remove-myself-of-this-obligation/) - ADDITIONAL INFORMATION: I suffer from a lot of mental issues and cannot take the stress. ANSWER BY MARGARET CROSS-BELIVEAU: You do not have to accept the role of executor (aka personal representative). If your mother is alive, ask her to change her will and appoint someone else. If she has already passed, you will need
- [How to locate a known will and file for probate but live in the UK??](https://www.beliveaulaw.net/2018/05/how-to-locate-a-known-will-and-file-for-probate-in-san-diego-but-live-in-the-uk/) - ADDITIONAL INFORMATION: I actually live in the UK. My aunt, who emigrated to the USA in the 60's, passed away nearly 7 months ago. Since then we have contacted the Probate Court to find probate of estate has not been filed. We know there is a will, as my uncle (deceased), showed it to my
- [Audit rates decline for 6th year in a row](https://www.beliveaulaw.net/2018/05/audit-rates-decline-for-6th-year-in-a-row/) - IRS audit rates declined last year for the sixth year in a row and are at their lowest level since 2002, the agency reported. That’s good news for people who don’t like to be audited (which is everybody)! Low statistics for audit examinations obscure the reality that you may still have to deal with issues
- [How to handle a gap in health care coverage](https://www.beliveaulaw.net/2018/05/how-to-handle-a-gap-in-health-care-coverage/) - Health care coverage gaps happen. Whether because of job loss or an extended sabbatical between gigs, you may find yourself without health care for a period. Here are some tax consequences you should know about, as well as tips to fix a coverage gap. Coverage gap tax issues You will have to pay a penalty
- [Update on the Tax Cuts and Jobs Act (TCJA)](https://www.beliveaulaw.net/2018/05/update-on-the-tax-cuts-and-jobs-act-tcja/) - The Tax Cuts and Jobs Act (TCJA) was passed by Congress in a hurry late last year, and the IRS and tax preparers have been working to digest some of the more thorny issues created by the tax overhaul. Here are the latest answers to some of the most common questions: 1. Is home equity
- [How do I get power of attorney and what is the average cost?](https://www.beliveaulaw.net/2018/05/how-do-i-get-power-of-attorney-and-what-is-the-average-cost/) - ADDITIONAL INFORMATION: My mother has Parkinson and dementia. She was recently hospitalized and is currently in a rehab center. I have always paid her bills and taken care of her even before the dementia. I am trying to get her help but I've come with the stumbling block (I don't have P of A). I
- [Can I correct my name in a living trust?](https://www.beliveaulaw.net/2018/05/can-i-correct-my-name-in-a-living-trust/) - ADDITIONAL INFORMATION: My mother had a living trust made in 2002. The account who did the living trust had passed away in 2014. My mother passed away in Oct.2017. He put my name as Maria. My name is Marie. ANSWER BY MARGARET CROSS-BELIVEAU: The revocable trust because irrevocable upon your mother's passing. There is no
- [Is it Illegal to put yourself only on a Deed to a house when there are 2 other owners?](https://www.beliveaulaw.net/2018/05/is-it-illegal-to-put-yourself-only-on-a-deed-to-a-house-when-there-are-2-other-owners/) - ADDITIONAL INFORMATION: I am 1/4 owner of a property in Nh, my mother passed without a will so interstate succession applied and her 1/2 is Split between my brother and I. My aunt is the other 1/2 owner. She changed the name on the Deed to the house to only hers. She may have claimed
- [I may need an attorney willing to sue AT&T?](https://www.beliveaulaw.net/2018/05/i-may-need-an-attorney-willing-to-sue-att/) - ADDITIONAL INFORMATION: My mother left her AT&T stock to me in her will. My sister (executor) is very spiteful now and claiming my stock as hers. Has even sold one of them. How can they assign stock without proof that it in fact belongs to the person claiming to be that person, since she has
- [Home sellers relinquish control after a sale](https://www.beliveaulaw.net/2018/04/home-sellers-relinquish-control-after-a-sale/) - If you sell your home, the new owners can paint the house pink, tear out the stone wall your grandfather built, and cut down the maple tree you carved your initials in. Once you sell your home, there’s pretty much nothing you can do to prevent the new owners from making changes. Even if you
- [Zoning laws challenge tiny-home owners](https://www.beliveaulaw.net/2018/04/zoning-laws-challenge-tiny-home-owners/) - Tiny-home building shows may be all the rage on TV, but these programs rarely explore one big hurdle that comes with tiny-home ownership: Where on earth should you put it? In many areas, zoning regulations prohibit temporary accommodations such as RVs, mobile homes, and their new close cousins, tiny houses. Zoning laws may require minimum
- [Landlords bound by lease agreements, too](https://www.beliveaulaw.net/2018/04/landlords-bound-by-lease-agreements-too/) - While it’s common knowledge that a tenant must pay rent on time, keep utilities the running, and adhere to various other lease provisions (e.g. routine maintenance, limits on pets and guests), it’s also true that landlords must abide by lease agreements. Some landlords may attempt to violate a lease agreement by asking tenants to leave
- [Choose the right entity for real estate investments](https://www.beliveaulaw.net/2018/04/choose-the-right-entity-for-real-estate-investments/) - When purchasing an investment property, most real estate owners form a holding company or a legal entity designed to provide certain tax advantages and a level of protection from personal liability. Which entity you choose depends on how you’ll manage your investment and your overall financial goals. To make an informed choice, seek professional counsel
- [Tips for choosing your next mortgage lender](https://www.beliveaulaw.net/2018/04/tips-for-choosing-your-next-mortgage-lender/) - Home buyers today have a variety of options when it comes to finding a mortgage lender. They can choose a traditional face-to-face relationship with a lender at their local bank, opt for a mortgage broker who will shop the best deals for them, or go it online with a range of non-bank lenders, such as
- [Contingencies create a way out of real estate contracts](https://www.beliveaulaw.net/2018/04/contingencies-create-a-way-out-of-real-estate-contracts/) - You’ve signed the contract and transferred the earnest money, but just how binding is your real estate contract? That depends on the nature of any contingencies built into the agreement. For buyers, such contingencies provide an exit strategy if the house doesn’t live up to initial impressions. Here are some common contingencies that could allow
- [Your mortgage is my mortgage: How parents are financing a child’s home](https://www.beliveaulaw.net/2018/04/your-mortgage-is-my-mortgage-how-parents-are-financing-a-childs-home/) - With all-cash offers dominating the housing market in some highly competitive cities, first-time homebuyers are finding themselves shut out of negotiations, particularly for the more affordable and in-demand starter homes. Saving enough for a down payment and closing costs has always been a challenge for young home buyers. But in tight real estate markets, the
- [Trust distribution question](https://www.beliveaulaw.net/2018/04/trust-distribution-question/) - ADDITIONAL INFORMATION: My sister is trustee on my mother's trust. She thought she could give me house because I was the oldest of my siblings. Is that true? Now I don't think that's true because I have a lot of siblings that are beneficiaries on the living trust. ANSWER BY MARGARET CROSS-BELIVEAU: Distributions from the
- [Can a Will be written to say that a home is left to remaining siblings but if they die their share goes back to the others?](https://www.beliveaulaw.net/2018/04/can-a-will-be-written-to-say-that-a-home-is-left-to-remaining-siblings-but-if-they-die-their-share-goes-back-to-the-others/) - ADDITIONAL INFORMATION: My husband owns his family home (he does not live there). His brother lives there. He wants to put in his Will that the house is left to his seven brothers and sisters. He wants this house to remain in the family. He does not want any spouse or dependents to get this
- [Is a POA entitled to any payment as part of the estate settlement process?](https://www.beliveaulaw.net/2018/04/is-a-poa-entitled-to-any-payment-as-part-of-the-estate-settlement-process/) - ADDITIONAL INFORMATION: I served as my father's POA for 2.5 years before his passing. ANSWER BY MARGARET CROSS-BELIVEAU: The answer is maybe. Usually an agent under a durable power of attorney is entitled to reasonable compensation albeit the document itself may not allow the payments (which is rare). You would have needed to have kept
- [Trusts and asset protection](https://www.beliveaulaw.net/2018/04/trusts-and-asset-protection/) - ADDITIONAL INFORMATION: Trust language specifies that after main beneficiary dies that the two remainder beneficiaries can receive their share as a total distribution after they reach age 25 if they request it. So they have the option of keeping some or all of their share in the trust per their request. Does this language offer
- [Proving the hardship exception to the Medicaid penalty period](https://www.beliveaulaw.net/2018/04/proving-the-hardship-exception-to-the-medicaid-penalty-period/) - If you transfer assets within five years of applying for Medicaid, you will likely be subject to a period of ineligibility. There is an exception, however, if enforcing the penalty period would cause the applicant an "undue hardship." This exception is difficult to prove and rarely granted, but it may be available in certain circumstances.
- [Family dispute illustrates need for long-term care plan](https://www.beliveaulaw.net/2018/04/family-dispute-illustrates-need-for-long-term-care-plan/) - A recent New Jersey court case demonstrates how important it is for families to come up with a long-term care plan before an emergency strikes. The case involved two brothers who got into a fight over whether to place their mother in a nursing home. R.G. was the primary caregiver for his parents, as well
- [Use your will to dictate how to pay your debts](https://www.beliveaulaw.net/2018/04/use-your-will-to-dictate-how-to-pay-your-debts/) - The main purpose of a will is to direct where your assets will go after you die, but it can also be used to instruct your heirs on how to pay your debts. While generally heirs cannot inherit debt, an estate’s debt can reduce what they receive. Spelling out how debt should be paid can
- [How Medicare and employer coverage coordinate](https://www.beliveaulaw.net/2018/04/how-medicare-and-employer-coverage-coordinate/) - Medicare benefits start at age 65, but many people continue working past that age. That makes it important to understand how Medicare and employer coverage fit together. Depending on your circumstances, Medicare is either the primary or the secondary insurer. The primary insurer pays any medical bills first, up to the limits of its coverage.
- [Four provisions people forget to include in their estate plan](https://www.beliveaulaw.net/2018/04/four-provisions-people-forget-to-include-in-their-estate-plan/) - Even if you've created an estate plan, are you sure you have included everything you need to? There are certain provisions that people frequently forget to put in in a will or estate plan that can have a big impact on their heirs. Alternate beneficiaries One of the most important things an estate plan should
- [Executor for will](https://www.beliveaulaw.net/2018/04/executor-for-will/) - ADDITIONAL INFORMATION: I have been named as executor for my parent's will. For many years I have been his full time caregiver. I have few assets and basically no credit history. He left a house and a summer cottage. I am thinking it would be much better for my brother who has an excellent credit
- [Can workers compensation put a lien on law suit money ?](https://www.beliveaulaw.net/2018/04/can-workers-compensation-put-a-lien-on-law-suit-money/) - ADDITIONAL INFORMATION: I’m on workers compensation and I’m suing the people responsible for it. Is workers compensation entitled to some of the money? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, worker's compensation is entitle to recover money it advanced to you. Your attorney may be able to negotiate a lien reduction. Legal Disclaimer: Please note that this
- [Stepmother did a lady bird deed to her son and cut us right out of the will . 2 weeks after fathers death](https://www.beliveaulaw.net/2018/04/stepmother-did-a-lady-bird-deed-to-her-son-and-cut-us-right-out-of-the-will-2-weeks-after-fathers-death/) - ADDITIONAL INFORMATION: My dad passed away in 2014 . He had a will and stepmom had a will both basic mirror wills . My dad actually gave me copies of both and it named me executor in both of there wills . Before my dads death he called me up very upset he lived in
- [How does a living trust work?](https://www.beliveaulaw.net/2018/04/how-does-a-living-trust-work/) - ADDITIONAL INFORMATION: I spoke to an elder care attorney about my mother going into a nursing home. I told him I have POA, healthcare surrogate and Will with me as executor. I had concerns about my mother's home. My sister has been caring for her in our mother's home for 4 years. She has Alzheimer's
- [Does my grandmother have any right to clear out my father's house & keep what she wants?](https://www.beliveaulaw.net/2018/04/does-my-grandmother-have-any-right-to-clear-out-my-fathers-house-keep-what-she-wants/) - ADDITIONAL INFORMATION: My father recently passed away. He had a seizure, hit his head multiple times & was unconscious for 5 days before he passed away. My grandmother was notified when he was in the hospital the 1rst day. She didn't call me or my brother's until the 2nd day. By then the hospital gave
- [Can I get reimbursed? My ex-wife is paying the mortgage late intentionally?](https://www.beliveaulaw.net/2018/04/can-i-get-reimbursed-my-ex-wife-is-paying-the-mortgage-late-intentionally/) - ADDITIONAL INFORMATION: I divorced my wife 3 years ago. The judge awarded her full custody and residency (not ownership) of my home, even though my name (only) is on the mortgage loan. My ex has paid the mortgage late over the past two years, hurting my credit and has now moved out of the home.
- [What can I do if the executor of a will is refusing to follow the wishes in the will?](https://www.beliveaulaw.net/2018/04/what-can-i-do-if-the-executor-of-a-will-is-refusing-to-follow-the-wishes-in-the-will/) - ADDITIONAL INFORMATION: My mother left her estate to her 5 daughters equally. (per her will). The executor, one of the daughters, is not executing her wishes. She will not even speak about it. She did not tell us about the will. We found out by writing several lawyers in town. It has been over 2
- [Stay prepared to sell your business](https://www.beliveaulaw.net/2018/04/stay-prepared-to-sell-your-business/) - If you enjoy running your own business, selling it may be the furthest thing from your mind. But the reality is that eventually an opportunity to sell will come, whether due to your own life changes or a perfect buyer walking in the door. Planning, often years in advance of the sale date, is necessary
- [Great uses for your tax refund](https://www.beliveaulaw.net/2018/04/great-uses-for-your-tax-refund/) - Most Americans get a refund every year, with the average check weighing in at $2,895 last year. Even though it’s really money that they earned, many people are tempted to treat it like a windfall and splurge. If you can resist that temptation, here are some of the best ways to put your refund to
- [When an extension makes sense](https://www.beliveaulaw.net/2018/04/when-an-extension-makes-sense/) - While most people should file a tax return by April 17, you have the option of delaying your filing date until Oct. 15 with a tax extension. When to file an extension Missing or incorrect information. If one of the forms you need to file your return has an error on it, it is often
- [Tax filing reminders](https://www.beliveaulaw.net/2018/04/tax-filing-reminders-15/) - April 17 – Individual income tax returns for 2017 are due. 2017 calendar-year C corporation income tax returns are due. 2017 annual gift tax returns are due. Deadline for making 2017 IRA contributions. First installment of 2018 individual estimated tax is due.
- [Estate planning still essential, despite increased exemptions](https://www.beliveaulaw.net/2018/03/estate-planning-still-essential-despite-increased-exemptions/) - The Tax Cuts and Jobs Act (TCJA) reduces individual and corporate tax rates, eliminates a bevy of deductions and makes a host of changes to how Americans can preserve their wealth. Although the act falls short of repealing the death tax, it doubles the amount an individual may transfer tax free, either in his or
- [Tax reform may impact charitable giving](https://www.beliveaulaw.net/2018/03/tax-reform-may-impact-charitable-giving/) - As the tax reform measures were unveiled, members of the charitable community expressed alarm that the new rules could create a disincentive to donate. With the larger standard income tax deduction ($12,000 for an individual filer and $24,000 for a married couple), fewer people will realize the benefits of itemizing. Some charities fear that, absent
- [Evaluating generation-skipping tax transfers](https://www.beliveaulaw.net/2018/03/evaluating-generation-skipping-tax-transfers/) - Your current financial plan may include wealth transfers to grandchildren, great-grandchildren or other descendants, and these gifts may be subject to a generation-skipping tax (GST). The GST was created to prevent families from essentially “skipping” a generation’s worth of estate taxes as wealth is passed down. In 2017, the GST exemption (the amount that can
- [‘Clawback’ concerns linger under new tax law](https://www.beliveaulaw.net/2018/03/clawback-concerns-linger-under-new-tax-law/) - The new tax reform package increases an individual’s lifetime exemption from roughly $5.5 million to $11.2 million, with an expiration date of December 31, 2025. For individuals who don’t expect to die in the next eight years, your gift strategy could include protecting assets from future estate taxes while still maintaining adequate resources for your
- [OSHA delaying employer filing deadline](https://www.beliveaulaw.net/2018/03/osha-delaying-employer-filing-deadline/) - There’s good news for employers required to electronically file injury and illness data with OSHA: You had until Dec. 1, 2017, to comply. The rule became effective Jan. 1, 2017, with an initial requirement that employers electronically file the information by July 1, 2017. However, given the agency’s inability as of May 2017 to accept electronic
- [Disclosing sponsorships now easier on Instagram](https://www.beliveaulaw.net/2018/03/disclosing-sponsorships-now-easier-on-instagram/) - Whether you accept or give sponsorships tied to Instagram posts, Instagram is making an effort to make the disclosure process easier. The social media network is now testing and considering for widespread use allowing users to tag a brand within posts. If the brand confirms the relationship, the post will then be marked as an
- [What to avoid when signing an office lease](https://www.beliveaulaw.net/2018/03/what-to-avoid-when-signing-an-office-lease/) - Unforeseen costs can crush a business that opts to sign an office lease without legal counsel. From initial construction costs to later capital improvements, the list of potential hidden costs is long and adds up quickly. To avoid the possibility of paying several large bills down the line, ask your lawyer to help you negotiate
- [Must websites accommodate blind users?](https://www.beliveaulaw.net/2018/03/must-websites-accommodate-blind-users/) - Just because the Department of Justice does not yet have new website accessibility rules for places of public accommodation doesn’t mean businesses hosting websites aren’t already at risk. Blind or visually impaired plaintiffs have been filing federal lawsuits against companies over the accessibility of their websites, although they’re meeting with different results. A federal judge
- [Beware pitfalls of cloud contracts](https://www.beliveaulaw.net/2018/03/beware-pitfalls-of-cloud-contracts/) - Think it’s just your business’ data being stored in the cloud these days? Think again. Some (or all) of the provisions of your contract with your cloud provider also may be “floating,” and can thus be changed at any time, often without notice to you. How is this possible? Part of the blame rests with
- [Alert: Expired home and education tax breaks revived](https://www.beliveaulaw.net/2018/03/alert-expired-home-and-education-tax-breaks-revived/) - Congress passed a federal budget bill in early February that revived dozens of expired tax breaks for the 2017 tax year. They include a deduction for education expenses as well as several tax breaks for homeowners. If you have not yet filed your 2017 tax return, please be aware these late changes are retroactive to
- [Tax checklist for business startups](https://www.beliveaulaw.net/2018/03/tax-checklist-for-business-startups/) - Starting your own business can be equal parts thrilling and intimidating. Complying with regulations and tax requirements definitely falls into the latter category. But, with some professional help, it doesn’t have to be that way. You can get started with this checklist of things you’ll need to consider. Are you a hobby or a business?
- [Answers to commonly asked tax questions](https://www.beliveaulaw.net/2018/03/answers-to-commonly-asked-tax-questions/) - With all of the headlines about the changes to tax law, you probably have lots of questions. Here are answers to some of the most common questions taxpayers have this year. Q. I’m hearing about a lot of changes to 2018 taxes. What should I do? A. You’re right, there are a lot of changes
- [Tax filing reminders](https://www.beliveaulaw.net/2018/03/tax-filing-reminders-14/) - March 1 – Farmers and fishermen who did not make 2017 estimated tax payments must file 2017 tax returns and pay taxes in full. March 2 – Automatic extension deadline for employers and health care providers to provide Forms 1095-B and 1095-C to individuals. March 15 – 2017 calendar-year S corporation income tax returns are
- [Taxes and virtual currencies: What you need to know](https://www.beliveaulaw.net/2018/02/taxes-and-virtual-currencies-what-you-need-to-know/) - Virtual currencies are all the rage lately. Here are some tax consequences you must know if you decide to dip your toe into that world. The IRS is paying close attention The first thing to know is that the IRS is scrutinizing virtual currency transactions, so if you live in the U.S. you’ll have to
- [Tips for when your employees are family members](https://www.beliveaulaw.net/2018/02/tips-for-when-your-employees-are-family-members/) - Working with family can be a pleasure. It can also be a pain, especially if you have to terminate a family member’s employment. Here are tips to help you ease the strain of mixing your family and employee relationships. Hire for the right reasons. Make your hiring and firing decisions based on the skill sets
- [New 2018 capital expense rules](https://www.beliveaulaw.net/2018/02/new-2018-capital-expense-rules/) - There are many provisions in the tax reform bill passed in late 2017 designed to benefit small business owners. There are also a variety of new tax tools affecting how small businesses account for deducting the cost of capital purchases under the new tax law. Here’s what you need to know: Tool #1: Section 179
- [Tax filing reminders](https://www.beliveaulaw.net/2018/02/tax-filing-reminders-13/) - February 28 – Payers must file most other Forms 1099 (except certain Forms 1099-MISC due Jan. 31) with the IRS. (April 2 if filing electronically.) March 1 – Farmers and fishermen who did not make 2017 estimated tax payments must file 2017 tax returns and pay taxes in full. March 2 – Automatic extension deadline
- [New Pass-Through Entity Rules](https://www.beliveaulaw.net/2018/01/new-pass-through-entity-rules/) - One of the most important – and complicated – changes in the new tax reform act is to tax rules affecting small businesses that are treated as “pass-through entities.” The good news is that if you own one of these businesses you may get as much as a 20 percent reduction to the taxation of
- [How to sell your rented investment property](https://www.beliveaulaw.net/2018/01/how-to-sell-your-rented-investment-property/) - Are you ready to sell that investment property, but unsure what to do because it’s currently being rented? You have options, but first you need to understand the legal restrictions on selling a property while a tenant is renting it. Most states do not see selling the property as a valid enough reason to terminate
- [Why more millennials are opting for adjustable-rate mortgages](https://www.beliveaulaw.net/2018/01/why-more-millennials-are-opting-for-adjustable-rate-mortgages/) - Cash-strapped millennials looking to keep interest-rate costs down are opting for adjustable-rate mortgages (ARMs) instead of the more traditionally popular fixed-rate mortgages. ARMs are particularly attractive for young homeowners who do not plan to retain property long term. Experts say the best way to select an ARM is to match the fixed period to the
- [When can a tenant legally withhold rent?](https://www.beliveaulaw.net/2018/01/when-can-a-tenant-legally-withhold-rent/) - Although it’s never ideal, sometimes it may become necessary to withhold rent until problems with a rental unit are corrected. Tenants need to be very careful when doing so. A tenant must provide notice and be sure to follow state or local laws. Not following the rules can lead to an eviction for failing to
- [Precautions to take before starting a home-improvement project](https://www.beliveaulaw.net/2018/01/precautions-to-take-before-starting-a-home-improvement-project/) - You’ve selected the right contractor, picked out the materials and set aside the necessary budget. It might seem like you’re ready to embark on that home-improvement project. But have you contacted your insurance agent? Experts recommend that homeowners get in touch with their insurance agent before a home-improvement project to make sure they have sufficient
- [Weigh the risks in contractor disputes](https://www.beliveaulaw.net/2018/01/weigh-the-risks-in-contractor-disputes/) - Construction projects can get tense, and when a dispute arises mid-project it takes some finesse to maintain working relationships or at least get the project done. It’s always best to bring up any concerns right away and see if by talking it out you and the contractor can find resolution. Often contractors will be willing
- [U.S. Supreme Court rules on regulatory takings](https://www.beliveaulaw.net/2018/01/u-s-supreme-court-rules-on-regulatory-takings/) - Property owners forced to hash out regulatory takings in court may lose out more often thanks to a new test used to determine whether two adjacent properties with a single owner could be considered a larger parcel. The U.S. Supreme Court’s decision in Murr v. Wisconsin found that the properties in question were a single
- [Home Closing](https://www.beliveaulaw.net/2018/01/home-closing/) - We recently closed on our residence in Newton. Mary was outstanding. She proactively reached out to their attorney frequently as they were not that responsive. She kept us informed the entire way and overall I can only say is she is a total professional. THANK YOU MARY! ~William F.
- [Total Efficiency](https://www.beliveaulaw.net/2018/01/total-efficiency/) - Mary was pleasant to work with. She knew what she was doing the whole time and worked very diligently during the P&S writing and some negotiations at the end to ensure I was covered and protected. She was also the closing attorney. She was on time, came in prepared and ready to go which made
- [Excellent](https://www.beliveaulaw.net/2018/01/excellent/) - Mary was very thorough, responsive and detail oriented. She was a pleasure to work with and did a spectacular job with my closing. I'd recommend her strongly. ~Jeremy
- [Five things to know to reduce your tax on capital gains](https://www.beliveaulaw.net/2018/01/five-things-to-know-to-reduce-your-tax-on-capital-gains/) - Although it is often said that nothing is certain except death and taxes, the one tax you may be able to avoid or minimize the most through planning is the tax on capital gains. Here's what you need to know to do such planning: What is capital gain? Capital gain is the difference between the "basis"
- [IRS now allows private debt collectors to dun taxpayers](https://www.beliveaulaw.net/2018/01/irs-now-allows-private-debt-collectors-to-dun-taxpayers/) - In a move that could be confusing to seniors who are vulnerable to scams, the IRS is using private debt collection agencies to collect past-due taxes. The new program began in April 2017. Pursuant to a law Congress passed in December 2015, the IRS may now contract with private debt collectors to collect certain debts.
- [Using a prepaid funeral contract to spend down assets for Medicaid](https://www.beliveaulaw.net/2018/01/using-a-prepaid-funeral-contract-to-spend-down-assets-for-medicaid/) - No one wants to think about his or her death, but a little preparation in the form of a prepaid funeral contract can be useful. In addition to helping your family after your passing, a prepaid funeral contract can be a good way to spend down assets in order to qualify for Medicaid. A prepaid
- [Estate planning for a single person](https://www.beliveaulaw.net/2018/01/estate-planning-for-a-single-person/) - If you are single, you may not think you need to plan your estate. But single people have as much reason to plan as anyone else. Estate planning not only involves determining where your assets will go when you die, it also helps you plan for what will happen should you become incapacitated, perhaps as
- [The best way to avoid an audit: Preparation](https://www.beliveaulaw.net/2018/01/the-best-way-to-avoid-an-audit-preparation/) - Getting audited by the IRS is no fun. Some taxpayers are selected for random audits every year, but the chances of that happening to you are very small. You are much more likely to fall under the IRS’s gaze if you make one of several common mistakes. That means your best chance of avoiding an
- [Looking ahead: Tax reform in 2018](https://www.beliveaulaw.net/2018/01/looking-ahead-tax-reform-in-2018/) - Congress has passed tax reform that will take effect in 2018, ushering in some of the most significant tax changes in three decades. Here are some major items in the new bill that impact individual taxpayers. Reduces income tax brackets. The bill retains seven brackets, but at reduced rates, with the highest tax bracket dropping to
- [Tax filing reminders](https://www.beliveaulaw.net/2018/01/tax-filing-reminders-12/) - January 16 – Due date for the fourth installment of 2017 individual estimated tax. January 31 – Due date for employers to furnish W-2 statements to employees, and to file Forms W-2 with the Social Security Administration (both paper and electronic forms). Due date for payers to provide most Forms 1099-MISC with non-employee compensation in
- [Mileage rates for 2018](https://www.beliveaulaw.net/2018/01/mileage-rates-for-2018/) - The IRS recently announced mileage rates to be used for travel in 2018. The standard business mileage rate increased by 1 cent to 54.5 cents per mile. The medical and moving mileage rates also increased by 1 cent, to 18 cents per mile. Charitable mileage rates remained unchanged at 14 cents per mile. Remember to
- [Revised: Tax Cuts and Jobs Act: What the Tax Reform Bill Means for You](https://www.beliveaulaw.net/2017/12/revised-tax-cuts-and-jobs-act-what-the-tax-reform-bill-means-for-you/) - Revised: 12/28/2017 Congress has passed a tax reform act that will take effect in 2018, ushering in some of the most significant tax changes in three decades. There are a lot of changes in the new act, which was signed into law on Dec. 22, 2017. You can use this memo as a high-level overview
- [Tips for choosing your executor](https://www.beliveaulaw.net/2017/12/tips-for-choosing-your-executor/) - Choosing your executor, who will administer your estate and carry out your final wishes, may be one of the most important decisions you make when preparing your will. Before you name someone, get his approval and make sure he feels up to the task. An executor’s responsibilities including filing court papers to start probate and
- [Pre-litigation claims can be effective in estate tax disputes](https://www.beliveaulaw.net/2017/12/pre-litigation-claims-can-be-effective-in-estate-tax-disputes/) - Pre-litigation is activity that occurs before a legal suit is filed. If you are involved in an estate transfer and your rights are unclear, pre-litigation may be an effective way to establish your position and head off a more costly legal conflict. Pre-litigation claims are typically made in an effort to get the other party
- [Documenting your rationale](https://www.beliveaulaw.net/2017/12/documenting-your-rationale/) - In addition to telling your children why you plan to leave an unequal gift, consider providing a written explanation of your decision that can be attached to your trust or will. Such a letter communicates facts and feelings that are not otherwise included in estate planning documents and may deter an unhappy heir from contesting
- [Communicate with your kids before leaving unequal assets](https://www.beliveaulaw.net/2017/12/communicate-with-your-kids-before-leaving-unequal-assets/) - When it comes to leaving money to the kids, some parents struggle to reconcile “equal” with “fair.” An equal inheritance treats each child the same, regardless of life situation or special circumstances. On the other hand, sometimes an unequal distribution can seem like the fairest thing to do, given a child’s age, financial wherewithal, or
- [How to leave your home to the kids](https://www.beliveaulaw.net/2017/12/how-to-leave-your-home-to-the-kids/) - Deciding when and how to relinquish the family home can be one of the most challenging issues seniors face. For many, a home is their most valuable asset and a cornerstone of the wealth they’d like to transfer to their family. If you’re one of AARP’s estimated 87 percentage of older adults who wants to
- [Proposed regulations curtailing valuation discounts withdrawn](https://www.beliveaulaw.net/2017/12/proposed-regulations-curtailing-valuation-discounts-withdrawn/) - The Treasury Department and the IRS have announced that proposed regulations that would have drastically limited valuation discounts for transfers of family businesses are being withdrawn. The regulations would have curbed valuation discounts commonly used when family business owners transfer minority shares to other family members. The withdrawal means that family business owners will still
- [Tax Cuts and Jobs Act: What the Tax Reform Bill Means for You](https://www.beliveaulaw.net/2017/12/tax-cuts-and-jobs-act-what-the-tax-reform-bill-means-for-you/) - Congress has passed tax reform that will take effect in 2018, ushering in some of the most significant tax changes in three decades. There are a lot of changes in the new bill, which is expected to be signed into law soon. You can use this memo as a high-level overview of some of the
- [Court decision muddies the waters for ‘safe harbor’ for user-generated online posts](https://www.beliveaulaw.net/2017/12/court-decision-muddies-the-waters-for-safe-harbor-for-user-generated-online-posts/) - A recent decision from a federal appeals court in California will likely have broad implications on what screening procedures, if any, a service provider adopts for user-generated posts and material. The case, which is called Mavrix Photographs LLC v. LiveJournal Inc., limits the availability of safe harbor protection for social media platforms and other sites
- [Is a patent enough? How to protect your intellectual property](https://www.beliveaulaw.net/2017/12/is-a-patent-enough-how-to-protect-your-intellectual-property/) - You had a great idea and you started a business around it. Now, you need to protect that intellectual property. First, check to be sure that your idea is original. Conduct patent and trademark searches early in the development of new products and processes to make sure there isn’t anyone else already protecting the same
- [Traditional office vs. co-working space: Which is right for your business?](https://www.beliveaulaw.net/2017/12/traditional-office-vs-co-working-space-which-is-right-for-your-business/) - Collaborative work environments with shared spaces are an increasingly popular take on traditional office space, but can come with less than ideal leasing terms. Most co-working spaces operate using an occupation license agreement that allows members to use the space for a particular purpose or set of purposes. But it is much easier for a
- [Cybersecurity essentials for small to mid-size businesses](https://www.beliveaulaw.net/2017/12/cybersecurity-essentials-for-small-to-mid-size-businesses/) - A strong cybersecurity program is designed to protect the confidentiality, integrity and availability of a business’s information systems. These systems can include any computer or networked electronic system used by a business, and certain sensitive business and consumer information. Programs should be designed to perform three primary functions: Identify and assess threats and risks; Protect
- [Know the risks associated with using targeted advertising for your business](https://www.beliveaulaw.net/2017/12/know-the-risks-associated-with-using-targeted-advertising-for-your-business/) - Many companies employ third-party advertising services that use online consumer data and automated software to place advertisements on websites, in apps and within user-generated video services. But this wide-reaching marketing tool comes with the risk that your advertisement and brand could be displayed alongside offensive content. Third-party targeted advertising services, such as AdSense from Google
- [How can I take care of my unmarried brother's financial obligations now that he is in a coma and has no Power of Attorney?](https://www.beliveaulaw.net/2017/12/how-can-i-take-care-of-my-unmarried-brothers-financial-obligations-now-that-he-is-in-a-coma-and-has-no-power-of-attorney/) - ADDITIONAL INFORMATION: My brother is in a coma and will likely not recover to the point of being able to work or care for himself. I need to take care of his bills, loan accounts and bank account and start the process of obtaining disability benefits and Medicare for him. He has no Power of
- [Selling a house in probate in Massachusetts](https://www.beliveaulaw.net/2017/12/selling-a-house-in-probate-in-massachusetts/) - ADDITIONAL INFORMATION: I understand there is a year for creditors to submit claims to the estate. Does this mean the heirs have to wait a full year to sell the house? Thank you! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Yes, you may sell the house during probate. In order to pass a clean title to
- [How would i get q legal god mother for my two children if anything ever happens to me i am not relgous at all?](https://www.beliveaulaw.net/2017/12/how-would-i-get-q-legal-god-mother-for-my-two-children-if-anything-ever-happens-to-me-i-am-not-relgous-at-all/) - ADDITIONAL INFORMATION: Just want to make sure if anything is to ever happen to me that my kids will be able to stay together and be taking great care of. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A Godparent is a religious designation, not a legal one. You wish to appoint a guardian. In order to
- [During divorce proceedings, can a person who was placed as an executor of real property use or sell that property?](https://www.beliveaulaw.net/2017/12/during-divorce-proceedings-can-a-person-who-was-placed-as-an-executor-of-real-property-use-or-sell-that-property/) - ADDITIONAL INFORMATION: Land was purchased during the marriage and put into a trust for the children. The wife was placed as the executor. They are now divorcing and the husband is concerned that the wife will sell the property, in part or in whole, to fund her part of the divorce. ATTORNEY ANSWER BY MARGARET
- [What should I do with a municipal bond that is part of an estate and cannot be redeemed?](https://www.beliveaulaw.net/2017/12/what-should-i-do-with-a-municipal-bond-that-is-part-of-an-estate-and-cannot-be-redeemed/) - ADDITIONAL INFORMATION: I am the court appointed personal representative of the estate of my mother. This concerns a bond entitled, "Port Authority of the City of Saint Paul Industrial Development Revenue Bond Series 1988-F" This bond, which matured in 1988, has a face value of $5,000, but is no longer redeemable. The projects the bond
- [Do I pay tax for child support?](https://www.beliveaulaw.net/2017/12/do-i-pay-tax-for-child-support/) - ADDITIONAL INFORMATION: I will pay few hundreds of dollars to my husband for the child support. Do I pay tax for it? Does my husband pay tax for it? Thanks! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Child support is neither deductible by the payor nor is it income to the recipient. Alimony is deductible by
- [How do I get my dads name off of my mother’s estate?](https://www.beliveaulaw.net/2017/12/how-do-i-get-my-dads-name-off-of-my-mothers-estate/) - ADDITIONAL INFORMATION: My mom is gonna pass away soon and my dads name is still on the title, he hasn’t been around in 20 years. He didn’t have much to do with the payoff at all. I don’t know where he is to ask him to sign the paperwork for my mother ATTORNEY ANSWER BY
- [Can we take action to immediately change locks and take possession of property and all remaining content?](https://www.beliveaulaw.net/2017/12/can-we-take-action-to-immediately-change-locks-and-take-possession-of-property-and-all-remaining-content/) - ADDITIONAL INFORMATION: My sister and her husband moved into the family home place after our parents passed... About 3 months ago my sister passed, her husband eventually moved back into his original home , but left lots of his "junk" behind...saying at some point he may return and clean it up. he has the only
- [Center for Medicare Advocacy Has a New Observation Status Toolkit](https://www.beliveaulaw.net/2017/12/center-for-medicare-advocacy-has-a-new-observation-status-toolkit/) - Medicare-eligible patients may find themselves in the hospital, receiving medical services, tests, and treatment, sometimes for many days, but find out too late that they are considered outpatients, in Observation Status, not admitted inpatients. Observation status continues to harm Medicare beneficiaries and their families. With generous support from the John A. Hartford Foundation, the Center
- [Cost-of-Living Adjustment (COLA) Information for 2018](https://www.beliveaulaw.net/2017/12/cost-of-living-adjustment-cola-information-for-2018/) - Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 66 million Americans will increase 2.0 percent in 2018. The 2.0 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 61 million Social Security beneficiaries in January 2018. Increased payments to more than 8 million SSI beneficiaries will begin on
- [I am heir to a portion of my grandpas estate and home with sister, brother, aunt, uncle. Can't sell because brother has liens.](https://www.beliveaulaw.net/2017/12/i-am-heir-to-a-portion-of-my-grandpas-estate-and-home-with-sister-brother-aunt-uncle-cant-sell-because-brother-has-liens/) - ADDITIONAL INFORMATION: Grandpa had 3 kids and my dad passed away before grandpa and me , my sister and brother own my dad's portion of home. My uncle lied to us about not being able sell the home due to my brother tax lien and we waited for 2 years and now he said the
- [New year, new job](https://www.beliveaulaw.net/2017/12/new-year-new-job/) - 5 tax tips for job changers There are a lot of new things to get used to when you change jobs, from new responsibilities to adjusting to a new company culture. You may not have considered the tax issues created when you change jobs. Here are tips to reduce any potential tax problems related to
- [4 business year-end tax moves](https://www.beliveaulaw.net/2017/12/4-business-year-end-tax-moves/) - Even though the end of 2017 is near, it is not too late to get your business into the best possible tax position for the new year. Here are some year-end tax moves to consider: Update the office. A fresh coat of paint and new office furnishings not only make your place of business more comfortable,
- [Get ready to save more in 2018](https://www.beliveaulaw.net/2017/12/get-ready-to-save-more-in-2018/) - You can save more for retirement next year using tax-advantaged accounts, thanks to a boost in the maximum 401(k) contribution rate by the IRS. The maximum rate increases by $500 to $18,500, which is the first increase in three years. Those aged 50 or older can still contribute an additional $6,000 on top of that
- [Tax filing reminders](https://www.beliveaulaw.net/2017/12/tax-filing-reminders-11/) - December 15 – Due date for calendar-year corporations to pay the fourth installment of 2017 estimated income tax. December 31 – Deadline to complete 2017 tax-free gifts of up to $14,000 per recipient. Deadline for paying expenses you want to be able to deduct on your 2017 income tax return.
- [New Hampshire Real Estate Transfer Tax](https://www.beliveaulaw.net/2017/11/new-hampshire-real-estate-transfer-tax/) - Attorney David M. Beliveau submitted an article to the New Hampshire Bar discussing the real estate transfer tax and the change in the law as it pertains to real estate transfers to revocable trusts and LLCs. Read the entire article below. Tax Law: Amended Last Year: A NH Real Estate Transfer Tax Primer By: David
- [If I find out 25 years later I have a daughter?](https://www.beliveaulaw.net/2017/12/if-i-find-out-25-years-later-i-have-a-daughter/) - ADDITIONAL INFORMATION: I was just contacted by a old girlfriend that her 25years old daughter is mine. I will be willing to take a dna, but I have all kinds of worries, I'm married and have other children, if she is my daughter what it the law states I have to give to her. Can
- [What constitutes elder abuse?](https://www.beliveaulaw.net/2017/12/what-constitutes-elder-abuse/) - ADDITIONAL INFORMATION: Our mother is 89 years old and relatively good health. My dad passed away 2/2016 and my older sister moved home due to losing her job. She now takes care of my mom although my mom is in assisted living. She has said to my mom "spend all your money" My dad left
- [Can I evict a renter from my sisters house if I have a simple real estate contract with sister but mortgage is in her name?](https://www.beliveaulaw.net/2017/12/can-i-evict-a-renter-from-my-sisters-house-if-i-have-a-simple-real-estate-contract-with-sister-but-mortgage-is-in-her-name/) - ADDITIONAL INFORMATION: My sister has agreed to sell her house to me and had a friend residing in the house with her daughter. I agreed to my sister she could stay as a renter for $600 a month. She has failed to make a complete payment and has only paid $425 in the past three
- [I have two sisters and we all got 1/3 of money that comes in each year! My sister died so where will her share go?](https://www.beliveaulaw.net/2017/12/i-have-two-sisters-and-we-all-got-13-of-money-that-comes-in-each-year-my-sister-died-so-where-will-her-share-go/) - ADDITIONAL INFORMATION: It was not stipulated in will if any of us die before the 5 years are up! It also doesn’t say pay to next of kin in the will it only states the money is divided 1/3 each! What do we do because my brother in law is asking for the money! ATTORNEY
- [If a living trust and last will gets modified within 180 days of death, is it valid?](https://www.beliveaulaw.net/2017/12/if-a-living-trust-and-last-will-in-nevada-gets-modified-within-180-days-of-death-is-it-valid/) - ADDITIONAL INFORMATION: I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill.
- [Can my siblings petition my mothers "irrevocable trust" to have me removed if I have done nothing wrong?](https://www.beliveaulaw.net/2017/12/can-my-siblings-petition-my-mothers-irrevocable-trust-to-have-me-removed-if-i-have-done-nothing-wrong/) - ADDITIONAL INFORMATION: My brother and sister have indicated that they want access to my moms money in the bank and will get a lawyer to help them. I am the sole trustee and POA for all of her assets and medical care and have done nothing wrong. Can they have me removed by majority, as
- [Should I include survivorship language in my deed, I am not married and I am the only one purchasing the property, ?](https://www.beliveaulaw.net/2017/11/should-i-include-survivorship-language-in-my-deed-i-am-not-married-and-i-am-the-only-one-purchasing-the-property/) - ADDITIONAL INFORMATION: I have two children. I am the only one purchasing the house and I am not married. What type of deed would be best for me? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should always consult with an estate planning attorney as there are many options. Which one you pick depends on your
- [Can I file for compensation as a caregiver and daughter against my mothers will?](https://www.beliveaulaw.net/2017/11/can-i-file-for-compensation-as-a-caregiver-and-daughter-against-my-mothers-will/) - ADDITIONAL INFORMATION: I was caregiver for my step father when he had terminal cancer for five years, also for my mother during and after that time. This was a twenty four- seven situation which included all aspects of care for them plus taking care of their home inside and out. I had to move in
- [Mom has stage 4 dementia. Can she make financial decisions and changes regarding the trust?](https://www.beliveaulaw.net/2017/11/mom-has-stage-4-dementia-can-she-make-financial-decisions-and-changes-regarding-the-trust/) - ADDITIONAL INFORMATION: Mom and dad set up a trust in 1993. Dad was a farmer and passed in 2001. The trust states that my brother may farm the land at fair market value. Mom is 87 and recently fell and broke her hip. She has been diagnosed with stage 4 dementia. Mom will probably need
- [Does a living trust have precedence over a previously written will?](https://www.beliveaulaw.net/2017/11/does-a-living-trust-have-precedence-over-a-previously-written-will/) - ADDITIONAL INFORMATION: My mother in law recently passed away. She had been going downhill since she had surgery August of 2016. She was showing signs of dementia and it got worse as the days went on. Her previous doctor even has that in her medical records. Before she had surgery she filled out a will.
- [If an individual has been married to someone for 4 months, does the surviving spouse have Spousal Rights??](https://www.beliveaulaw.net/2017/11/if-an-individual-has-been-married-to-someone-for-4-months-does-the-surviving-spouse-have-spousal-rights/) - ADDITIONAL INFORMATION: Is the surviving spouse entitled to exercise their right in the sale of property, if the deceased spouse was a joint heir to property before they died! Does the surviving spouse have the right to confirm or deny the sale of the property? If the couple actually lived on the property does the
- [When someone is made executor should there not be some bookkeeping records provide to the others named in the will?](https://www.beliveaulaw.net/2017/11/when-someone-is-made-executor-should-there-not-be-some-bookkeeping-records-provide-to-the-others-named-in-the-will/) - ADDITIONAL INFORMATION: Brother is executor. All was to be divided equally, only the executor knows the full amount in the estate, there have been some shady purchases. Has caused a divide in the family, feel there should be some accountability for the executor to be sure they are following the requirements of the will. Bank
- [How do I register an international divorce?](https://www.beliveaulaw.net/2017/11/how-do-i-register-an-international-divorce/) - ADDITIONAL INFORMATION: My (non-US citizen husband) and I married both in Taiwan and in USA? We divorced amicably in Taiwan. I'd like to register the divorce the US . There are no settlement issues. We have two adult children and one child still under the age of 18. I have sole custody. We executed the
- [How do I enact a power of attorney?](https://www.beliveaulaw.net/2017/11/how-do-i-enact-a-power-of-attorney/) - ADDITIONAL INFORMATION: My Mom has been giving her money to a scam artist. So far l think it's about $150,000. She thinks she is going to marry this guy she's never met. The police have been called by 2 different banks and they have explained that she could go to jail for money laundering but
- [New protections for nursing home residents](https://www.beliveaulaw.net/2017/11/new-protections-for-nursing-home-residents/) - Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. The rules give residents more options regarding meals and visitation as well as making changes to discharge and grievance procedures. The federal Centers for Medicare and Medicaid finalized the rules, which are the first comprehensive update to
- [Long-term care benefits for veterans and surviving spouses](https://www.beliveaulaw.net/2017/11/long-term-care-benefits-for-veterans-and-surviving-spouses/) - Long-term care costs can add up quickly. But for veterans and the surviving spouses of veterans who need in-home care or are in a nursing home, help may be available. The Veterans Administration (VA) has an underused pension benefit called Aid and Attendance that provides money to those who need assistance performing everyday tasks. Even
- [Hospitals now must provide notice about observation status](https://www.beliveaulaw.net/2017/11/hospitals-now-must-provide-notice-about-observation-status/) - All hospitals must now give Medicare recipients notice when they are in the hospital under “observation.” The notice requirement is part of a law enacted in 2015 that just took effect. Signed by President Barack Obama in August 2015, the law was intended to prevent surprises after a Medicare beneficiary spends days in a hospital
- [Short-term care insurance: An alternative to the long-term care variety](https://www.beliveaulaw.net/2017/11/short-term-care-insurance-an-alternative-to-the-long-term-care-variety/) - A little-known insurance option can be an answer for some people who might need care but are unable to buy long-term care insurance. Short-term care insurance provides coverage for nursing home or home care for one year or less. As long-term care premiums rise, short-term care insurance is gaining in popularity. This type of insurance
- [Four legal steps to take right after an Alzheimer's diagnosis](https://www.beliveaulaw.net/2017/11/four-legal-steps-to-take-right-after-an-alzheimers-diagnosis/) - If you or a loved one has been diagnosed with Alzheimer's disease, it is important to start planning immediately. There are several essential documents to help you once you become incapacitated, but if you don't already have them in place you need to act quickly after a diagnosis. Having dementia does not mean that an
- [The Equifax breach and you: be proactive](https://www.beliveaulaw.net/2017/11/the-equifax-breach-and-you-be-proactive/) - Earlier this year, hackers were able to breach the security of Equifax, one of the three national credit reporting agencies. More than 143 million Americans – nearly half the entire country – were exposed to the attack, and may have had their personal information stolen (including names and birthdates, and Social Security and driver’s license
- [6 must-dos when you donate to charity](https://www.beliveaulaw.net/2017/11/6-must-dos-when-you-donate-to-charity/) - Donations are a great way to give to a deserving charity, and they also give back in the form of a tax deduction. Unfortunately, charitable donations are under scrutiny by the IRS, and many donations without adequate documentation are being rejected. Here are six things you need to do to ensure your charitable donation will
- [Year-end tax checklist](https://www.beliveaulaw.net/2017/11/year-end-tax-checklist/) - As the year draws to a close, there are several tax-saving ideas you should consider. Use this checklist to make sure you don’t miss an opportunity before the year is out. Retirement distributions and contributions. Make final contributions to your qualified retirement plan, and take any required minimum distributions from your retirement accounts. The penalty for
- [Bank slapped with fine after failing to modify loan terms](https://www.beliveaulaw.net/2017/10/bank-slapped-with-fine-after-failing-to-modify-loan-terms/) - In a move called “unprecedented in its magnitude,” a bankruptcy judge recently opted to levy a $45 million fine against Bank of America Corp. for its treatment of homeowners who had requested lower mortgage payments. If it stands, the fine would be the largest punitive damages award for violations of the bankruptcy law’s automatic stay
- [What you need to know about paid leads on property-search sites](https://www.beliveaulaw.net/2017/10/what-you-need-to-know-about-paid-leads-on-property-search-sites/) - Popular property-search site Streeteasy.com recently rolled out a change to its Premier Agent program for real estate agents that is confusing potential buyers and angering brokers. Until recently, the site featured the name of a property’s listing agent and company prominently, making the main contact clear and providing a direct “contact agent” button. But now
- [What to consider before backing out of an offer](https://www.beliveaulaw.net/2017/10/what-to-consider-before-backing-out-of-an-offer/) - Standard real-estate contracts contain inspection and mortgage contingencies that allow buyers a limited amount of time to back out of the contract and receive a refund of their deposit. They also spell out the terms of the deposit and where the money is held in escrow, whether with the buyers’ agent, the title company, an
- [Don’t let the end of a home-equity line of credit sneak up on you](https://www.beliveaulaw.net/2017/10/dont-let-the-end-of-a-home-equity-line-of-credit-sneak-up-on-you/) - The terms of home-equity lines of credit, or HELOCs, typically come due 10 years in, at a time at which many homeowners are unprepared for the fact that their monthly payments are about to go up significantly and sometimes double. HELOCs are secured by a mortgage, require only interest payments and can be used to
- [Reverse mortgages offer cash to homeowners, but it comes at a price](https://www.beliveaulaw.net/2017/10/reverse-mortgages-offer-cash-to-homeowners-but-it-comes-at-a-price/) - A reverse mortgage allows a homeowner to convert part of the equity in a home to cash without having to sell the property. The cash may be paid in installments or a lump sum, so typically you don’t need to pay anything back as long as you live in your house. Factors such as age,
- [Investing IRAs in real estate often leads to more risk than reward](https://www.beliveaulaw.net/2017/10/investing-iras-in-real-estate-often-leads-to-more-risk-than-reward/) - There’s nothing simple about investing an IRA in real estate. But people do it because it offers an alternative to traditional retirement accounts that comes with the potential for high reward. Potential investors should be warned, however, that there can be more negatives than positives associated with these types of investments. Minuses The IRS requires
- [Tax Filing Reminders](https://www.beliveaulaw.net/2017/10/tax-filing-reminders-10/) - October 16 – Filing deadline for 2016 tax returns for individuals or corporations if you requested/received a six-month extension. Pay taxes due by this date. Deadline to recharacterize a Roth IRA to a Traditional Deadline to fund your Keogh or SEP plans if you requested a filing extension.
- [Business tax: time to consider Section 179?](https://www.beliveaulaw.net/2017/10/business-tax-time-to-consider-section-179/) - Section 179 expensing can be a very powerful tax-planning tool for small- and medium-sized businesses acquiring capital assets. While it doesn’t change the amount of depreciation you can take over the life of a capital purchase, it can change the timing by allowing you to deduct your purchase in the first year you place it
- [Renew your ITIN now](https://www.beliveaulaw.net/2017/10/renew-your-itin-now/) - If you have an Individual Taxpayer Identification Number (ITIN) rather than a Social Security number (SSN) you may need to take action or you’ll be unable to file a tax return for 2017. What to know about ITINs ITINs are identification numbers issued by the U.S. government for individuals who do not qualify to receive
- [How to Ace the FAFSA](https://www.beliveaulaw.net/2017/10/how-to-ace-the-fafsa/) - The Free Application for Federal Student Aid (FAFSA) is a tool that students use to apply for more than $120 billion in federal funds. Unfortunately, each year many students miss out. Even if you don’t think you or your child qualify for federal aid, filling out a FAFSA is important because it could be used
- [What millennials need to know about estate planning](https://www.beliveaulaw.net/2017/10/what-millennials-need-to-know-about-estate-planning/) - A recent survey by senior-living focused website Caring.com, quoted in USA Today, revealed that 78 percent of Americans under the age of 36 don’t have a will or trust in place. But even with youth on their side, the millennial generation needs to be planning for the unforeseen. If most would consider the following three
- [Password sharing presents risks for family and fiduciaries](https://www.beliveaulaw.net/2017/10/password-sharing-presents-risks-for-family-and-fiduciaries/) - Keeping careful records of the usernames and passwords for your online accounts and sharing them with a trusted family member or agent may seem like the start of a responsible estate plan. But you need to be aware of the risks for those you empower with the information. Even with your permission, fiduciaries (executors, trustees,
- [Are LLCs your best option for asset protection? Know the risks](https://www.beliveaulaw.net/2017/10/are-llcs-your-best-option-for-asset-protection-know-the-risks/) - Limited liability companies can offer better asset protection than ordinary stock corporations, but there are potential adverse economic and tax results if investors are not alert. Investors increasingly use LLCs to operate a trade or business, to hold real estate or to hold other investment assets, as opposed to state law corporations. But when investors
- [Protect your power of attorney from legislative changes](https://www.beliveaulaw.net/2017/10/protect-your-power-of-attorney-from-legislative-changes/) - Medical and financial powers of attorney are a critical aspect of effective estate planning, but did you know they must be kept up to date? It is recommended to have them reviewed every 2-3 years. Several legislative changes over the years have given financial institutions and healthcare providers reasons to reject powers of attorney. As
- [Learn from celebrities’ estate planning blunders](https://www.beliveaulaw.net/2017/10/learn-from-celebrities-estate-planning-blunders/) - There are many lessons to be learned about estate planning from the bad experiences of some of the world’s most famous people. The AARP recently gathered their stories, and here are the highlights: Florence Griffith Joyner: Before her death in 1998, Olympic gold medalist Florence Griffith Joyner never told anyone the location of her will.
- [Take care with COBRA compliance — or pay big damages](https://www.beliveaulaw.net/2017/09/take-care-with-cobra-compliance-or-pay-big-damages/) - In recent months, at least four companies have gotten into trouble for failing to provide Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) notices to health plan participants. Suits of this nature can lead to big damages. Since 2015, courts have approved settlements ranging from $290,000 to $1 million. Damages include statutory penalties of $110
- [Tips for avoiding a data security breach](https://www.beliveaulaw.net/2017/09/tips-for-avoiding-a-data-security-breach/) - Regardless of the size of your business, it’s critical that you work proactively to protect the sensitive and private information of your customers, clients and employees. While you might hear more often about data breaches at bigger companies, the reality is that smaller companies and organizations are often targeted and typically have limited data security
- [New law reaffirms right to post negative reviews online](https://www.beliveaulaw.net/2017/09/new-law-reaffirms-right-to-post-negative-reviews-online/) - Under a new federal law, individuals have a right to post truthful negative reviews about a product or service provider. That’s the case even if they previously signed an agreement that prohibited such reviews. Over the past few years, this controversial business practice of including non-disparagement clauses in contracts or terms of service has led
- [Conduct a website self-audit to ensure compliance with the ADA](https://www.beliveaulaw.net/2017/09/conduct-a-website-self-audit-to-ensure-compliance-with-the-ada/) - Over the past couple of years, more than 200 plaintiffs have sued businesses nationwide arguing that their websites fail to provide access to people with certain disabilities, alleging a violation of the Americans with Disabilities Act. More recently, a law firm based in Pittsburgh sent demand letters to businesses, banks and others saying that they
- [Social media endorsements: How to pay influencers to endorse your brand](https://www.beliveaulaw.net/2017/09/social-media-endorsements-how-to-pay-influencers-to-endorse-your-brand/) - It’s becoming popular for companies to pay social media users with big followings to endorse their products or share content about their brand. It’s a great way to get your message out to a wider network of target customers in an authentic way. But the Federal Trade Commission (FTC) is paying attention and enforcing rules
- [Contractor or Employee? Knowing the difference is important](https://www.beliveaulaw.net/2017/09/contractor-or-employee-knowing-the-difference-is-important/) - Is a worker an independent contractor or an employee? As an employer, getting this wrong could land you with an IRS audit and cost you plenty in many other ways. Here’s what you should know: As the worker: If the worker is a contractor and not considered an employee, he/she must: Pay self-employment taxes (Social
- [Avoid These Common Tax Mistakes](https://www.beliveaulaw.net/2017/09/avoid-these-common-tax-mistakes/) - There are nearly 1,000 different tax forms used by the IRS to report tax obligations. It’s no wonder the IRS faces thousands of tax returns with errors each year. Here are some of the most common: Wrong names and Social Security numbers. Taxpayers regularly make mistakes by entering incorrect information for their spouses and dependents. If
- [Say Goodbye to the College Tuition Deduction](https://www.beliveaulaw.net/2017/09/say-goodbye-to-the-college-tuition-deduction/) - Congress decided not to extend this $4,000 deduction for 2017, leaving many parents worried that college will now be more expensive. However, Congress left in place two popular education credits that may offer a more valuable tax break: The AOTC. The American Opportunity Tax Credit (AOTC) is a credit of up to $2,500 per student per
- [Tax Filing Reminders](https://www.beliveaulaw.net/2017/09/tax-filing-reminders-9/) - September 15 – Third quarter installment of 2017 individual and corporation estimated income tax is due. S corporations: Filing deadline for 2016 tax returns for S corporations that requested/received a six-month extension. Partnerships: Filing deadline for 2016 tax returns for partnerships that requested/received an automatic six-month extension. Electing large partnerships: Filing deadline for 2016 tax
- [Have adult children? Take steps to avoid medical access denial](https://www.beliveaulaw.net/2017/08/have-adult-children-take-steps-to-avoid-medical-access-denial/) - Imagine your college-aged daughter has an accident while away at school and ends up in the emergency room. When you call the hospital, you are denied information about her care because you do not have the proper forms signed. Under the Health Insurance Portability and Accountability Act (HIPAA), you do not have legal access to
- [Learn from the ‘best places to work’](https://www.beliveaulaw.net/2017/08/learn-from-the-best-places-to-work/) - Google, Facebook, and Southwest Airlines are among the top five companies on job search site Indeed’s “Best Places to Work 2017” list. You may not have the resources of these large companies, but you can incorporate some of their ideas into your company’s culture. Respect. The best companies cultivate a culture of respect, according to
- [Your HSA as a retirement tool – the facts](https://www.beliveaulaw.net/2017/08/your-hsa-as-a-retirement-tool-the-facts/) - Health Savings Accounts (HSAs) are a great way to pay for medical expenses, and since unused funds roll over from year to year, the account can also provide a source of retirement funds in addition to other plans like 401(k)s or IRAs. But be aware of how HSAs compare to other retirement investment tools. HSAs
- [Review your condo bylaws before renting out your place on Airbnb](https://www.beliveaulaw.net/2017/07/review-your-condo-bylaws-before-renting-out-your-place-on-airbnb/) - Renting out your condo on Airbnb might seem like a great way to make some extra money. But before you jump on the opportunity, it’s wise to check your condo association bylaws. In most cases, you’ll find that the bylaws include restrictions on “leasing.” For example, the rules might state that no unit can be
- [Check your bank’s real estate notices twice](https://www.beliveaulaw.net/2017/07/check-your-banks-real-estate-notices-twice/) - When a bank goes through a merger or agrees to buy or sell mortgage loans, certain notices must be provided to borrowers before and after the transaction closes. Federal law states clearly what notices are required and how they must be worded, but sometimes the legal rules conflict with each other. It’s helpful to have
- [Don’t let surprise costs of your home purchase shock you](https://www.beliveaulaw.net/2017/07/dont-let-surprise-costs-of-your-home-purchase-shock-you/) - If you’re buying a house, the total price you’ll end up paying is more than meets the eye. Usually, a buyer pays between 2 percent and 5 percent of the home purchase price in closing costs. Lenders often disclose these costs, but they aren’t the only hidden fees you need to consider. Other fees to
- [Credit monitoring: Be aware the credit score you get might be different than lenders receive](https://www.beliveaulaw.net/2017/07/credit-monitoring-be-aware-the-credit-score-you-get-might-be-different-than-lenders-receive/) - Subscribing to a credit monitoring service to keep tabs on your credit score can be a helpful way to manage and protect your credit. But did you know that the score you purchase isn’t always the same as the one the lender obtains from a credit reporting agency? That comes as a surprise to many
- [If your house burns down, do you still have to pay your mortgage?](https://www.beliveaulaw.net/2017/07/if-your-house-burns-down-do-you-still-have-to-pay-your-mortgage/) - At the closing for your home purchase or refinancing, you are required to sign a promissory note that says you’ll make the mortgage payments every month. That agreement remains in effect even if your house burns down. You’re also required to report any loss to the lender and your insurance carrier promptly. But a reprieve
- [The life estate: a useful tool in the right circumstances](https://www.beliveaulaw.net/2017/07/the-life-estate-a-useful-tool-in-the-right-circumstances/) - The term “life estate” often comes up in discussions of estate and Medicaid planning. Life estates can be used to avoid probate and to give a house to children without relinquishing the ability to live in it. They also can play an important role in Medicaid planning. But what, exactly, does the term mean and
- [Reverse mortgages increasingly available for high-value homes](https://www.beliveaulaw.net/2017/07/reverse-mortgages-increasingly-available-for-high-value-homes/) - Seniors with pricier homes now have an increased ability to get a bigger reverse mortgage in order to raise cash for retirement. As the housing market has improved, so-called jumbo reverse mortgages are becoming more popular even though they carry some risk. Reverse mortgages allow homeowners who are at least 62 years of age to
- [Don’t wait until it’s too late to execute a power of attorney](https://www.beliveaulaw.net/2017/07/dont-wait-until-its-too-late-to-execute-a-power-of-attorney/) - A durable power of attorney is an extremely important estate planning tool, often more important than a will. If you become incapacitated due to dementia or some other reason, this crucial document allows a person you appoint (your “attorney-in-fact” or “agent”) to act in place of you (the “principal” ) for financial purposes. The agent
- [Life insurance can play role as part of estate plan](https://www.beliveaulaw.net/2017/07/life-insurance-can-play-role-as-part-of-estate-plan/) - For young families, life insurance can be a great help in replacing lost income. But as people get older it can also serve as part of an estate plan. Historically, one main reason to buy life insurance as part of an estate plan was to have cash available to pay estate taxes. Now that the
- [Are you covered by Medicare while traveling within the U.S.?](https://www.beliveaulaw.net/2017/07/are-you-covered-by-medicare-while-traveling-within-the-u-s/) - Those who have reached age 65, the typical age of Medicare eligibility, often have more time to spend traveling. Although Medicare coverage is generally not available when beneficiaries are overseas, the news may be better for those exploring destinations closer to home. If you have the original Medicare, the answer is simple: You can travel
- [Five home office deduction mistakes](https://www.beliveaulaw.net/2017/07/five-home-office-deduction-mistakes/) - Here are five common mistakes of those who deduct home office expenses. Not taking it. Some believe the home office deduction is too complicated, while others believe taking the deduction increases your chance of being audited. Not exclusive or regular. The space you use must be used exclusively and regularly for your business. Exclusively: Your
- [Three actions to save for retirement](https://www.beliveaulaw.net/2017/07/three-actions-to-save-for-retirement/) - If you haven’t started saving for retirement or you haven’t saved enough, here are three actions you can take to put you in a better position during your golden years: Contribute as much as possible every year to a 401(k) pretax retirement plan, up to the $18,000 maximum, or $24,000 if you are age 50
- [Reap the benefits of hiring your child for the summer](https://www.beliveaulaw.net/2017/07/reap-the-benefits-of-hiring-your-child-for-the-summer/) - Hiring your children to work in your business can be a win-win situation for everyone. Your kids will earn money, gain real-life experience in the workplace, and learn what you do every day. And you will reap a few tax benefits in the process. The following guidelines will help you determine if the arrangement will
- [Tax-free income](https://www.beliveaulaw.net/2017/07/tax-free-income/) - Yes, that’s correct, there are some forms of income you receive that may be tax-free. Here is a list of eight common sources of tax-free income. Gifts. Gifts you receive are not taxable income to you. In fact, they are not subject to gift tax to the person giving the gift as long as the
- [Review your estate plan when you move across state lines](https://www.beliveaulaw.net/2017/06/review-your-estate-plan-when-you-move-across-state-lines/) - When you make a move out of state, be sure to review your estate plan with an estate planning attorney in your new domicile, as trust and estate laws have some differences from state to state. In most states, the probate court will recognize a will from another state. But in the case of a
- [Issues to consider before gifting your home to your child](https://www.beliveaulaw.net/2017/06/issues-to-consider-before-gifting-your-home-to-your-child/) - Passing your house on to your children before your death offers some advantages, but there are pitfalls to avoid. If your children inherit the property through your estate, the cost basis on the property will be the value of the home on the day of your death. But if you gift the children the property
- [Beware the pitfalls of naming a minor as your beneficiary](https://www.beliveaulaw.net/2017/06/beware-the-pitfalls-of-naming-a-minor-as-your-beneficiary/) - A minor generally doesn’t have the right to manage his or her assets, including any inheritance. But sometimes a minor child becomes the beneficiary of a sizable family inheritance. That can occur because a parent dies without a will or trust, leading to an unavoidable direct inheritance by the child. If a minor is chosen
- [Estate planning options for blended families](https://www.beliveaulaw.net/2017/06/estate-planning-options-for-blended-families/) - The dynamics of a blended family, defined as one where at least one spouse has at least one child from a prior marriage or relationship, can complicate financial and estate planning because no off-the-shelf plans apply. It’s important to contact your estate-planning lawyer to ensure complete review of all personal and economic aspects of your family
- [Many requests for businesses to take goods off Amazon or eBay fraudulent](https://www.beliveaulaw.net/2017/06/many-requests-for-businesses-to-take-goods-off-amazon-or-ebay-fraudulent/) - It’s pretty common for businesses of all sizes to sell products on sites like Amazon or eBay. So imagine one day receiving a “take-down notice” informing you that the site is taking down your listings because another party has demanded it under a federal law called the Digital Millennium Copyright Act (“DMCA”). According to the
- [Injury and illness records may become public](https://www.beliveaulaw.net/2017/06/injury-and-illness-records-may-become-public/) - Most businesses with 10 or more employees must keep records of serious work-related injuries and illnesses. This OSHA rule is intended to help businesses identify and address occupational hazards. Under new OSHA rules, however, many businesses will also have to submit their records to OSHA itself, which apparently plans to make them public, at least
- [Can you sue if a customer posts a bad online review?](https://www.beliveaulaw.net/2017/06/can-you-sue-if-a-customer-posts-a-bad-online-review/) - For a business, a bad online review can help determine whether new clients flock in the door. But if someone writes such a review on Yelp or any other website, you might be out of luck. In a recent case in California, a federal appeals court decided that an angry business owner who got a
- [Review your retaliation policies in light of EEOC guidance](https://www.beliveaulaw.net/2017/06/review-your-retaliation-policies-in-light-of-eeoc-guidance/) - It’s even easier for employees and former employees to sue businesses for retaliation under the Equal Employment Opportunity Commission’s new enforcement guidance. For the first time since 1998, the agency has updated its guidance on the claim, which is already “asserted in nearly 45 percent of all charges … and is the most frequently alleged
- [Could your business be facing a lawsuit over Internet search results?](https://www.beliveaulaw.net/2017/06/could-your-business-be-facing-a-lawsuit-over-internet-search-results/) - Any business would jump at the chance to dictate the order of organic Internet search results that include its name. But that’s not so easy. Still, a judge in Florida recently told a well-known, international company that it must find a way to do exactly that. And in the vast world of the web, it’s
- [Reasons to incorporate your business](https://www.beliveaulaw.net/2017/06/reasons-to-incorporate-your-business/) - Here are some reasons you may want to consider incorporating your growing business. Protect your personal assets from creditors. When you operate your business within a corporation, creditors are often limited to corporate assets to satisfy a debt. Your home, savings, and retirement accounts are no longer fair game. Provide a personal liability firewall. The
- [4 tips to landing your dream home in a seller’s market](https://www.beliveaulaw.net/2017/06/4-tips-to-landing-your-dream-home-in-a-sellers-market/) - Here are some suggestions to landing your dream home in our current real estate market. Be nimble, be flexible. Try to investigate new listings quickly – within hours of their first posting, if possible. If you’re interested in a house but an inspection finds a few flaws, you may have to be flexible about accepting
- [Keep your audit fears in check](https://www.beliveaulaw.net/2017/06/keep-your-audit-fears-in-check/) - Getting audited by the IRS is no fun. However, your chances of being audited are probably lower than you think. A look at the latest IRS statistics for 2016 reveals some interesting and reassuring facts about the risk of an IRS audit. Audits are becoming less common. The number of individual tax returns the IRS
- [Tax deadlines for June](https://www.beliveaulaw.net/2017/06/tax-deadlines-for-june/) - June 15 Second quarterly installment 2017 individual estimated tax due Second quarterly installment 2017 estimated tax for calendar-year corporations due Individual tax filing deadline for U.S. citizens living or serving in the military overseas
- [Realtors survey:  First-time home-buying is down](https://www.beliveaulaw.net/2017/05/realtors-survey-first-time-home-buying-is-down/) - In reviewing 35 years of survey data on home buyers and sellers, the National Association of Realtors (NAR) announced five notable real estate trends. The organization’s survey, called Profile of Home Buyers and Sellers, dates back to 1981 and is the longest-running series of national housing data evaluating the demographics, preferences, motivations, plans and experiences
- [Financing for energy improvement loans now easier to obtain](https://www.beliveaulaw.net/2017/05/financing-for-energy-improvement-loans-now-easier-to-obtain/) - Residential properties encumbered with a Property Assessed Clean Energy (PACE) obligation are now eligible for FHA-insured mortgage financing. The change applies both to new purchases and refinancing, under a guidance issued in September by the U.S. Department of Housing and Urban Development (HUD) and the Federal Housing Administration (FHA). PACE is a popular program that
- [Clean-up not disclosed; Seller sued for fraud years later](https://www.beliveaulaw.net/2017/05/clean-up-not-disclosed-seller-sued-for-fraud-years-later/) - A recent case highlights the importance of disclosing any environmental contamination and clean-up that took place on your property when you sell it, even if you sell it “as is.” A New Jersey appeals court decided that a seller’s failure to disclose such information could expose him to liability for fraud many years after the
- [The surprising effect of Airbnb income on mortgage refinancing](https://www.beliveaulaw.net/2017/05/the-surprising-effect-of-airbnb-income-on-mortgage-refinancing/) - Renting out your house when you’re out of town or offering up an extra room while your son or daughter is away at college sounds like a great way to make some extra cash. And services like Airbnb have made the process rather simple. But it might not be quite so simple when you go
- [Everyone knows someone who missed the boat](https://www.beliveaulaw.net/2017/05/everyone-knows-someone-who-missed-the-boat/) - This year’s April 18 tax deadline has come and gone, but not everyone has filed a 2016 tax return. While many have filed an extension and intend on getting their return in order, too many taxpayers who should file, simply do not. Common culprits are older, retired parents and young adults who are new to
- [What to do if you are selected for a correspondence audit](https://www.beliveaulaw.net/2017/05/what-to-do-if-you-are-selected-for-a-correspondence-audit/) - The IRS is now handling many routine audit reviews through form letters called correspondence audits. These letters come from the IRS and ask for clarification and justification of specific deductions on your tax return. Common issues that trigger a correspondence audit are large charitable deductions, withdrawals from retirement accounts and education savings plans, excess miscellaneous
- [IRS is now using collection agencies](https://www.beliveaulaw.net/2017/05/irs-is-now-using-collection-agencies/) - The IRS is now using outside collection agencies to collect unpaid tax obligations. This new program will start slowly with only a few hundred taxpayers receiving mailings. The number will grow into the thousands later in the spring and into summer. Taxpayers who are contacted will first receive several collection notices from the IRS before
- [Schedule your midyear tax planning session](https://www.beliveaulaw.net/2017/05/schedule-your-midyear-tax-planning-session/) - Most people don’t include tax planning on their summertime agenda, but maybe they should. The problem with waiting until the end of the year is that you reduce the time for planning strategies to take effect. If you take the time now to schedule a midyear tax planning review, you’ll still have eight months for
- [Tax deadlines for May](https://www.beliveaulaw.net/2017/05/tax-deadlines-for-may/) - May 15 – Deadline for calendar-year exempt organizations to file 2016 information returns May 31 – Deadline for IRA, SEP, SIMPLE, Roth IRA, MSA, and education savings account trustees to file annual statements (Form 5498) with the IRS, with copies to participants
- [Steer clear of non-lawyers offering Medicaid planning services](https://www.beliveaulaw.net/2017/04/steer-clear-of-non-lawyers-offering-medicaid-planning-services/) - As the U.S. population ages, more non-lawyers are starting businesses that offer Medicaid planning services to seniors. While using one of these services may be cheaper than hiring a lawyer, the ultimate costs may be far greater. If you use a non-lawyer to do Medicaid planning, they may not have any legal knowledge or training.
- [Rule requiring retirement advisers to put their client's interests ahead of their own is delayed](https://www.beliveaulaw.net/2017/04/rule-requiring-retirement-advisers-to-put-their-clients-interests-ahead-of-their-own-is-delayed/) - President Donald Trump has signed an executive order calling for a review of the so-called fiduciary rule, which was intended to prevent financial advisers from steering their clients to bad retirement investments by requiring these advisers to act in the best interests of their clients. The order delays the rule, which was scheduled to go
- [What is undue influence, and how can it be avoided?](https://www.beliveaulaw.net/2017/04/what-is-undue-influence-and-how-can-it-be-avoided/) - Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does the term mean? Undue influence occurs when someone exerts pressure on an individual, causing that individual to act contrary to his or her wishes to the benefit of the influencer or the
- [Understanding the tax consequences of inheriting a Roth IRA](https://www.beliveaulaw.net/2017/04/understanding-the-tax-consequences-of-inheriting-a-roth-ira/) - Passing down a Roth IRA can seem like a good idea, but it doesn't always make the most sense. Before converting a traditional IRA into a Roth IRA to benefit your heirs, you should consider the tax consequences. Earnings in a traditional IRA generally are not taxed until they are distributed to you. At age
- [Medicaid's benefits for assisted living facility residents](https://www.beliveaulaw.net/2017/04/medicaids-benefits-for-assisted-living-facility-residents/) - Assisted living facilities are a housing option for people who can still live independently but who need some help. Costs for these facilities can range from $2,000 to more than $6,000 a month, depending on location. Medicare won’t pay for this type of care, but Medicaid might. Almost all state Medicaid programs will cover at
- [How to pass your home to your children tax-free](https://www.beliveaulaw.net/2017/04/how-to-pass-your-home-to-your-children-tax-free/) - Giving your house to your child or children can have tax consequences, but there are ways to accomplish this tax-free. The best method to use will depend on your individual circumstances and needs. Leave the house in your will The simplest way to give your house to your children is to leave it to them
- [IRS: Account transcripts can serve as estate tax closing letter](https://www.beliveaulaw.net/2017/04/irs-account-transcripts-can-serve-as-estate-tax-closing-letter/) - A recent IRS notice confirms that an account transcript issued by the IRS qualifies as a substitute for an estate tax closing letter, as long as the transcript includes the proper transaction code. An estate tax closing letter indicates that the IRS has accepted an estate tax return and that the estate’s federal tax liabilities
- [Retirement accounts: Tips for taxpayers turning 70 1/2](https://www.beliveaulaw.net/2017/04/retirement-accounts-tips-for-taxpayers-turning-70-12/) - It’s a big year for the first set of baby boomers: They’re turning 70 1/2. And that means getting prepared for their first mandatory distributions from tax-sheltered retirement accounts. The first thing to keep in mind is that the amount of your required annual withdrawal is based on the assets in the account as of
- [In will contest, no need to oversell decedent's capacity](https://www.beliveaulaw.net/2017/04/in-will-contest-no-need-to-oversell-decedents-capacity/) - Imagine a situation where a loved one dies and there is a contest over the validity of the will. The question arises: What was the decedent’s mental state in drafting the will? A typical, knee jerk answer is that the decedent had a perfectly clear state of mind. However, testamentary capacity doesn’t require such a
- [Changes proposed by Trump could open up big estate planning opportunities](https://www.beliveaulaw.net/2017/04/changes-proposed-by-trump-could-open-up-big-estate-planning-opportunities/) - With proposals to repeal the federal estate tax and the generation-skipping transfer (GST) tax on the table, the new administration may be opening up some rare estate planning options. Under President Donald Trump’s proposal, the current step-up in basis for income tax purposes on assets owned at death would be limited to $10 million of
- [What’s due on April 18?](https://www.beliveaulaw.net/2017/04/whats-due-on-april-18/) - Tuesday, April 18, is a major tax deadline. Here are some of the tax filing and related deadlines: 2016 individual income tax returns. Calendar-year 2016 C corporation income tax returns. 2016 annual gift tax returns. 2016 IRA contributions. 2017 individual estimated tax first quarter installment. 2013 individual tax return amendments unless the 2013 return had
- [Springtime remodeling – know the tax impacts](https://www.beliveaulaw.net/2017/04/springtime-remodeling-know-the-tax-impacts/) - Spring fever often influences homeowners to update and remodel. Maybe you’re considering a new project, too. You may need to replace your deck or remodel your kitchen. If you have a remodeling project coming up, you should understand the tax consequences. If your project qualifies as an improvement to your home, you’ll enjoy some tax
- [IRS interest rates remain the same for second quarter 2017](https://www.beliveaulaw.net/2017/04/irs-interest-rates-remain-the-same-for-second-quarter-2017/) - Interest rates charged by the IRS on underpaid taxes and applied by the IRS on tax overpayments will remain the same for the second quarter of 2017 (April 1 through June 30). Therefore, the rates will be as follows for individuals and corporations: For individuals: 4% charged on underpayments; 4% paid on overpayments. For corporations:
- [2013 unclaimed tax refunds](https://www.beliveaulaw.net/2017/04/2013-unclaimed-tax-refunds/) - The IRS announced that an estimated one million taxpayers who did not file an income tax return in 2013 could claim their share of $1 billion in unclaimed refunds for the 2013 tax year. The law gives most taxpayers a three-year time period to claim a tax refund. After that time, the money belongs to
- [Apply for an extension if you can’t file by April 18](https://www.beliveaulaw.net/2017/04/apply-for-an-extension-if-you-cant-file-by-april-18/) - Tax time can be stressful, but don’t panic if you can’t file your tax return on time. There’s still time to get an automatic six-month deadline extension. There are four ways to obtain an extension: File a paper copy of Form 4868 with the IRS and enclose your payment of estimated tax due. File for
- [Is my tax preparer liable for understating my income ?](https://www.beliveaulaw.net/2017/03/is-my-tax-preparer-liable-for-understating-my-income/) - ADDITIONAL INFORMATION: My tax preparer did not include my wife's Social Security income on my 2015 Federal and State taxes. Now I received a bill from the IRS, plus interest charges. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: You are still responsible for the tax whether or not he failed to input the data into
- [Can you make a trust trump a will](https://www.beliveaulaw.net/2017/04/can-you-make-a-trust-trump-a-will/) - ADDITIONAL INFORMATION: My Grandfather died leaving money and assets to my father who was alive when my grandfather died, now my grnadmother still lived but went behind my fathers back and made a trust to kick him out of the will and had thier attorney never settle the will after my grandfather died and now
- [What can we do about a discrepancy between a verbal agreement and the wording in a will?](https://www.beliveaulaw.net/2017/04/what-can-we-do-about-a-discrepancy-between-a-verbal-agreement-and-the-wording-in-a-will/) - ADDITIONAL INFORMATION: My husband's mother asked us to move to her property to take care of it after she remarried when her husband died. She would then give the house and five acres to us in her will. She gave money to her oldest son and said she would take an equal amount off what
- [My mother died so I was appointed the PR over the estate when I did the deed of distribution I did it in all Four heirs name](https://www.beliveaulaw.net/2017/04/my-mother-died-so-i-was-appointed-the-pr-over-the-estate-when-i-did-the-deed-of-distribution-i-did-it-in-all-four-heirs-name/) - ADDITIONAL INFORMATION: My brother has been told he has cancer so it was to my understanding that the estate would be left to the other three to keep things straight ; then after his sickness 2 heirs had words leaving their share to the youngest of their gran children is this possible ? ATTORNEY ANSWER
- [Tax consequences of foreclosure and capital gains.](https://www.beliveaulaw.net/2017/03/tax-consequences-of-foreclosure-and-capital-gains/) - ADDITIONAL INFORMATION: My mom passed away in September 2014. Her mortgage co filed foreclosure a month later. $74,000 was owed on the original debt, but unpaid taxes and fees made it closer to $104,000. Property sold for a profit in June 2016 and her estate received a check for $10,000. Mortgage co reported original debt
- [How do I decline my inheritance?](https://www.beliveaulaw.net/2017/03/how-do-i-decline-my-inheritance/) - ADDITIONAL INFORMATION: I do not want to accept any inheritance that my parents may leave me. Can I just write a letter and have it notarized or is there some type of legal form/letter that I need to fill out? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: To decline a gift or inheritance, you need
- [Can my sister force my disabled sister out of the family home?](https://www.beliveaulaw.net/2017/03/can-my-sister-force-my-disabled-sister-out-of-the-family-home/) - ADDITIONAL INFORMATION: My sister is disabled and living in our mother's home. My mother now resides in a memory ward of a senior living facility. My other sister wants to kick my disabled sister out, but she's on disability and can't afford housing. She claims that they need to sell the house in order to
- [Procedure for transferring property, which is already designated to be gifted to someone in a will?](https://www.beliveaulaw.net/2017/03/procedure-for-transferring-property-which-is-already-designated-to-be-gifted-to-someone-in-a-will/) - ADDITIONAL INFORMATION: The person who has the will, is the Mother of 4 children. She is also diagnosed with mild dementia. She has decided to give one piece of her property to one dependent, but it was set to be given to another in her will. The 4 dependents are all in favor of this
- [North Carolina trustee for Massachusetts trust](https://www.beliveaulaw.net/2017/03/north-carolina-trustee-for-massachusetts-trust/) - ADDITIONAL INFORMATION: A non grantor complex Massachusetts trust has a North Carolina trustee and one beneficiary in Massachusetts. There is no Massachusetts sourced income to the trust such as real estate rental income, only income and gains is from stock and bond portfolio. Should the trustee file a Massachusetts or NC trust tax return along
- [Drug testing policies may need to be revised](https://www.beliveaulaw.net/2017/03/drug-testing-policies-may-need-to-be-revised-2/) - If you have a policy that requires drug testing after a workplace accident or injury, you may need to change it as a result of new rules issued by OSHA. The new rules generally require that companies have a reporting procedure in place for work-related injuries and illnesses, and prohibit them from discouraging workers from
- [What happens to unused ‘flexible spending’ funds?](https://www.beliveaulaw.net/2017/03/what-happens-to-unused-flexible-spending-funds/) - Many companies have flexible spending accounts that allow employees to pay health care and dependent care expenses with pre-tax dollars. The biggest drawback to these accounts is that they’re “use it or lose it” – so if employees put money into an FSA and don’t spend all of it on qualified expenses during that calendar
- [Many computer ‘hacks’ are actually low-tech thefts](https://www.beliveaulaw.net/2017/03/many-computer-hacks-are-actually-low-tech-thefts/) - All businesses are scared these days of having their data stolen by highly sophisticated foreign computer experts – and yet a surprisingly large number of “hacks” are actually very low-tech affairs, carried out by people with minimal computer skills. The good news is that some simple measures can reduce the risk. According to a study
- [New law protects trade secrets](https://www.beliveaulaw.net/2017/03/new-law-protects-trade-secrets/) - President Obama has signed a new federal law that expands the ability of companies to sue when someone steals or misuses a trade secret. The law also contains new requirements for employment contracts that refer to trade secrets – which means that many such agreements should now be revised. The “Defend Trade Secrets Act,” or
- [Federal penalties are increasing dramatically](https://www.beliveaulaw.net/2017/03/federal-penalties-are-increasing-dramatically/) - The maximum penalties that can be imposed on businesses by federal agencies are being dramatically increased, as a result of a new law passed by Congress. OSHA’s civil penalties hadn’t increased since 1990, but that changed on August 1, 2016, when they jumped roughly 80%. The top penalty for a serious OSHA violation went from
- [What Happen if my Trustee could not perform the duties due to illness, and what happen if she die.](https://www.beliveaulaw.net/2017/03/what-happen-if-my-trustee-could-not-perform-the-duties-due-to-illness-and-what-happen-if-she-die/) - ADDITIONAL INFORMATION: My husband past away on last end of year. he pointed 2 persons for successor trustees. one of them already past away 7 years ago. and the estate attorney filed pleadings to appoint other one to be my trustee. Now, I have a question, my trustee has serious health condition ( heart disease)
- [Does a beneficiary of an IRA payable upon death amount satisfies an amount designated to be left from an estate in a will?](https://www.beliveaulaw.net/2017/03/does-a-beneficiary-of-an-ira-payable-upon-death-amount-satisfies-an-amount-designated-to-be-left-from-an-estate-in-a-will/) - ADDITIONAL INFORMATION: In Massachusetts, My dad left his IRA payable upon death to my brother and myself 50/50. His will states $50,000 for each of us. His IRA is not in the will. His cousin gets what's left over from estate. Does the fact he left us money in his IRA satisfies the will's listed
- [Am I still obligated to pay?](https://www.beliveaulaw.net/2017/03/am-i-still-obligated-to-pay/) - ADDITIONAL INFORMATION: My mother has had 2 strokes within the past year. The 2nd stroke was severe enough that my mother needed to be placed in a long term/nursing facility. According to the admissions person at the nursing facility, my mother's 100 days of Medicare ended 9/15/16. Mom was Medicaid eligible as of 7/1/16. The
- [Is it necessary to have a will if you have beneficiaries on everything?](https://www.beliveaulaw.net/2017/03/is-it-necessary-to-have-a-will-if-you-have-beneficiaries-on-everything/) - ADDITIONAL INFORMATION: Beneficiaries are on everything. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Assets with beneficiary designations typically avoid probate. Occasionally things go awry if a beneficiary predeceases you and alternates are not named. The account could end up going to a person you don't want, a minor, or the deceased person's probate estate. Owning
- [How should I disperse savings of a deceased sibling of whom I was the guardian](https://www.beliveaulaw.net/2017/03/how-should-i-disperse-savings-of-a-deceased-sibling-of-whom-i-was-the-guardian/) - ADDITIONAL INFORMATION: My brother passed away recently I was his Guardian he has money in the bank with my name as representative what should I do with the money he told me to split it up amongst the siblings and Dad can I do this legally ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Your representative
- [If a house is forclosed by the bank during probate is the PR and others named in the Will be liable or responsible for any unpaid](https://www.beliveaulaw.net/2017/03/if-a-house-is-forclosed-by-the-bank-during-probate-is-the-pr-and-others-named-in-the-will-be-liable-or-responsible-for-any-unpaid/) - ADDITIONAL INFORMATION: I am the PR or executor of my mothers will. I entered into probate as there is a house to consider in the mix. I am no longer able to make payments and thought I would have time before forclosure but did not. Will I and my siblings be liable for any part
- [If my son did not leave his parents as beneficiary, could we get his roth ira and ira transferred to our name?](https://www.beliveaulaw.net/2017/03/if-my-son-did-not-leave-his-parents-as-beneficiary-could-we-get-his-roth-ira-and-ira-transferred-to-our-name/) - ADDITIONAL INFORMATION: My son who is 35 years old passed away suddenly. He is unmarried and has no issues.He kept us , his parents as his beneficiary for his 401k but did not keep anyone as beneficiary for his ira and roth ira. could we get his iras transferred to our name as we are
- [Can I file an Affidavit of Indigency to waive a probate of will fee?](https://www.beliveaulaw.net/2017/03/can-i-file-an-affidavit-of-indigency-to-waive-a-probate-of-will-fee/) - ADDITIONAL INFORMATION: I had to probate a will using an MPC-170 form (Voluntary Administration Statement) and there was $115.00 fee, which I just couldn't afford to pay, not without depriving myself of the necessities food, clothing, shelter, or paying related bills. The clerk specifically said that I could not file an Affidavit of Indigency for
- [Can I file a lien on someone who is in the process of selling their home?](https://www.beliveaulaw.net/2017/03/can-i-file-a-lien-on-someone-who-is-in-the-process-of-selling-their-home/) - ADDITIONAL INFORMATION: My siblings, prior to my mother's death, got dementia-stricken mother to take everything out of parent's bank account and give it to them for safe keeping. Father will not sue his children for $87,000....besides, four out of five children have already received and spent their equal portion. I, the youngest and mother's caregiver
- [Do I have the right to know my deceased mother's assets and to see her will? What rights, if any do I have at all?](https://www.beliveaulaw.net/2017/03/do-i-have-the-right-to-know-my-deceased-mothers-assets-and-to-see-her-will-what-rights-if-any-do-i-have-at-all/) - ADDITIONAL INFORMATION: My mother passed away Feb. 14, 2017. My father left approx. $1.5M in their shared bank account. Before my father passed, I was separated from my husband, so he signed over the house and everything in it. I had no assets of my own, as my husband was very close to filing for
- [Do I have any rights to a property that I am on the loan and a verbal agreement is made, but I am not on the deed?](https://www.beliveaulaw.net/2017/03/do-i-have-any-rights-to-a-property-that-i-am-on-the-loan-and-a-verbal-agreement-is-made-but-i-am-not-on-the-deed/) - ADDITIONAL INFORMATION: I made an agreement with someone that we would both buy a property and have shared interest, but that the other person would be the only one on the deed. I have filed taxes based on that agreement. There was a personal dispute and now the person is claiming full ownership and denying
- [Current tax law requires health insurance](https://www.beliveaulaw.net/2017/03/current-tax-law-requires-health-insurance/) - During his first week in office, President Trump signed an executive order asking federal agencies to reduce the economic burden the Patient Protection and Affordable Care Act (ACA) puts on American citizens. Unfortunately, this executive order is causing confusion. Many people are left wondering if fines will no longer be imposed or rules no longer
- [More credits require questions](https://www.beliveaulaw.net/2017/03/more-credits-require-questions/) - Common errors have helped to make the Earned Income Tax Credit (EIC) a major source of what the IRS calls “improper payments.” The agency estimates that of the $66 billion in EIC funds paid in 2015, nearly a quarter were collected by filers who didn’t qualify to receive them. To help combat this problem, the
- [2016 proof of health insurance: the Form 1095 wrinkle](https://www.beliveaulaw.net/2017/03/2016-proof-of-health-insurance-the-form-1095-wrinkle/) - Under the current Affordable Care Act (ACA), all Americans must have health insurance. If you receive your health insurance through the ACA marketplace or from your employer, you will receive a Form 1095. This form is used as documentation that you have adequate insurance and is used for other ACA reporting and potential tax benefits.
- [Reminder: Partnership tax returns due one month earlier](https://www.beliveaulaw.net/2017/03/reminder-partnership-tax-returns-due-one-month-earlier/) - Remember, partnership tax returns are now due on March 15. This is a month earlier than last year. The change is important to note, as filing the tax return late could result in unexpected penalties. The new due date now aligns filing Form 1065 with other flow-through entities like S corporation Form 1120S. If you
- [Major tax deadlines for March](https://www.beliveaulaw.net/2017/03/major-tax-deadlines-for-march-5/) - March 2 Large employers and others must furnish Form 1095-B or Form 1095-C to employees. March 15 2016 calendar-year S corporation Form 1120S income tax returns are due. 2016 calendar-year partnerships Form 1065 income tax returns are due. March 31 Forms 1095-B and 1095-C due to the IRS, if filing electronically. Employers who have 250
- [My father is drafting a will and making me a sole beneficiary, my question is sheltering these assets from my debt and leins](https://www.beliveaulaw.net/2017/03/my-father-is-drafting-a-will-and-making-me-a-sole-beneficiary-my-question-is-sheltering-these-assets-from-my-debt-and-leins/) - ADDITIONAL INFORMATION: The inheritance is free and clear and positive in a financial sense. But I have legal medical, and other debts... my question is can they force me to liquidate by leins or the sort and what would be a adaquate Means to shelter these assets from any interests so I can inherit what
- [Can my sister legally file for Probate without me waiving my PR rights to her ?](https://www.beliveaulaw.net/2017/03/can-my-sister-legally-file-for-probate-without-me-waiving-my-pr-rights-to-her/) - ADDITIONAL INFORMATION: My sister has not provided me with my father's will, death certificate, his bank statements ( which she still has open after death) and any other legal documents of interest. I am afraid to give up my PR rights at this point in time because I am not sure of her honesty and
- [What if the deed was not signed before the death of the grantor of an irrevocable trust.](https://www.beliveaulaw.net/2017/02/what-if-the-deed-was-not-signed-before-the-death-of-the-grantor-of-an-irrevocable-trust/) - ADDITIONAL INFORMATION: My uncle had an irrevocable trust drawn up for my grandmother ( his mother) so he would get the house. Does the deed need to be signed before the death of grantor? Next question if the granddaughter lived with and cared for grandmother for 44 years and the grantor/ grandmother dies and uncle
- [How can I obtain guardianship of individual?](https://www.beliveaulaw.net/2017/02/how-can-i-obtain-guardianship-of-individual/) - ADDITIONAL INFORMATION: My husband and I currently have permanent guardianship of our 17 year old grandson. The issue is when he turns 18 years old we have been informed this expires and we will have to go before the Courts again. He has been diagnosed with Autism, ADHD and Mood Disorder Unspecified. Also, history of
- [Can I make out a check for funeral](https://www.beliveaulaw.net/2017/02/can-i-make-out-a-check-for-funeral/) - ADDITIONAL INFORMATION: I was P.O.A. for someone who just passed, her wish was to be cremated. Now that I have had the funeral home take care of this, I need to know if I can write a check out to the funeral home. It is my understanding my role as P.O.A. ceased as of her
- [Will my ira, 401k and/or annuity which have charitys as beneficiarys protect my 1.4 mill estate from estate tax?](https://www.beliveaulaw.net/2017/02/will-my-ira-401k-andor-annuity-which-have-charitys-as-beneficiarys-protect-my-1-4-mill-estate-from-estate-tax/) - ADDITIONAL INFORMATION: If the answer is no,would it work to give these to charity be for my demise? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Provided that your charitable deductions after your death bring your estate value below the Massachusetts 1 million dollar threshold, there will be no estate tax due in Massachusetts. A Massachusetts
- [If a parent was never put on a child's birth certificate, can that adult child make medical decisions for that parent?](https://www.beliveaulaw.net/2017/02/if-a-parent-was-never-put-on-a-childs-birth-certificate-can-that-adult-child-make-medical-decisions-for-that-parent/) - ADDITIONAL INFORMATION: My mother's father abandoned them after she was born. About 5 years ago, he showed back up in her life and she has since grown to have a relationship with him. With that being said, I do not believe he was ever listed on her birth certificate and she was given her mother's
- [Can my sibling be evicted from my step father's home after he dies?](https://www.beliveaulaw.net/2017/02/can-my-sibling-be-evicted-from-my-step-fathers-home-after-he-dies/) - ADDITIONAL INFORMATION: My sibling was living with my step dad for 4 months before his sudden death, now my step brother who was named as the executive of the will has told her she has to leave. What rights does she have? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: If she is a beneficiary of
- [How does Power of Attorney work when the person it's transferred to also transfers their own?](https://www.beliveaulaw.net/2017/02/how-does-power-of-attorney-work-when-the-person-its-transferred-to-also-transfers-their-own/) - ADDITIONAL INFORMATION: My grandmother is in her 80's and still very active and mentally "with it". After a recent hospitalization, though, she decided to transfer Power of Attorney to her only child, my father, just to be prudent in case of future situations. Separately, during the past month, my father has been diagnosed with Stage
- [My father died in Florida and had no will but his home was deeded to him only and paid for before he married my stepmother.](https://www.beliveaulaw.net/2017/02/my-father-died-in-florida-and-had-no-will-but-his-home-was-deeded-to-him-only-and-paid-for-before-he-married-my-stepmother/) - ADDITIONAL INFORMATION: Do I have any rights as a son and the stepmother says she has a life estate and she says the property will go to my father's Aires when she passes but we have never seen any paperwork to say what the situation is.. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: The surviving
- [Can a person legally take communications/documents from another person's home without their knowledge/permission?](https://www.beliveaulaw.net/2017/02/can-a-person-legally-take-communicationsdocuments-from-another-persons-home-without-their-knowledgepermission/) - ADDITIONAL INFORMATION: My mother lives in a house that is in a trust and was formerly a trustee of that trust. She kept hard copies of all her communications with other trustees (before and after her time as trustee) and various copies of trust documents in her office. A beneficiary of the trust recently revealed
- [February 23, 2017 - Estate & Medicaid Planning Seminar](https://www.beliveaulaw.net/2017/02/february-23-2017-estate-medicaid-planning-seminar/) - Date: Thursday, February 23, 2017 Time: 7:20AM - 9:00AM Location: Chateau Restaurant, 551 John Mahar Highway (Horizon Plaza), Braintree MA Registration: Pre-register Here $30.00 for full buffet breakfast & 2 CPE credits for CPA's FREE for first-time attendees Summary: AT 7:20: Your tax questions - Alan Gladstone Stock Market Update Mark Everett, Managing Director, Diversified Financial
- [A NH Real Estate Transfer Tax Primer](https://www.beliveaulaw.net/2017/02/a-nh-real-estate-transfer-tax-primer/) - The following article by Attorney David Beliveau was published by the New Hampshire Bar Association. Tax Law: Amended Last Year: A NH Real Estate Transfer Tax Primer By: David Beliveau The New Hampshire real estate transfer tax (NH RSA 78-B) – a tax on the transfer of New Hampshire real estate – is $0.75 per
- [Will I be able to contest my only older sister's will after her death--](https://www.beliveaulaw.net/2017/02/will-i-be-able-to-contest-my-only-older-sisters-will-after-her-death/) - ADDITIONAL INFORMATION: My only sister had me listed on her deed of her home and due to a petty argument she had me removed from her deed and I feel she is being heavily influenced by her friend and she is putting her in her will--I am family verses a friend --is it possible to
- [Can you sue your father's mistress for tortious interference ?](https://www.beliveaulaw.net/2017/02/can-you-sue-your-fathers-mistress-for-tortious-interference/) - ADDITIONAL INFORMATION: We discovered upon my father's death that he left more money to his mistress than he did to his wife. Can we sue the mistress ? Apparently they were together for 20+ years. ATTORNEY ANSWER BY MARGARET L. CROSS: Your mother may be able to elect against the Will if she did not
- [I want to be executor](https://www.beliveaulaw.net/2017/02/i-want-to-be-executor/) - ADDITIONAL INFORMATION: Hello. My sister is the executor of my moms estate. I live with my mom, take care of my mom, take my mom to dr, make sure shes fed and clothed, etc. My mom is elderly. My sister does absolutely nothing for our mom-- no visits, no contact, no doctor visits -- nothing
- [Can I get some sort of custody for my newborn half sister?](https://www.beliveaulaw.net/2017/02/can-i-get-some-sort-of-custody-for-my-newborn-half-sister/) - ADDITIONAL INFORMATION: My parents seperated when i was 7, im now 20. My dad and his wife are having a baby girl in a few weeks but with mines & dads wifes history... she is not allowing me nor my brother to be apart of our sisters life. both my brother and i want to
- [Package delivery is a headache for landlords, condos](https://www.beliveaulaw.net/2017/02/package-delivery-is-a-headache-for-landlords-condos/) - The explosion of online shopping has created a big headache for landlords and condo associations – what should be done about the deluge of packages being delivered to residents? Staff at large apartment buildings often strain under the effort to accept, sort and deliver hundreds of packages. Smaller landlords and condo associations are striving to
- [If you own real estate, you need a will](https://www.beliveaulaw.net/2017/02/if-you-own-real-estate-you-need-a-will/) - Anyone who owns real estate needs to have a will that indicates what should happen to the property if he or she suddenly passes away. You might assume you know who would inherit the house, but without a written will, the inheritance would be decided by state-law rules that might not be exactly what you’d
- [Buyer sues although property was purchased ‘as is’](https://www.beliveaulaw.net/2017/02/buyer-sues-although-property-was-purchased-as-is/) - A buyer who discovered that her new house was contaminated with mold can sue the seller, even though the house was purchased “as is” and the seller specifically said there might be mold in it, according to the Wisconsin Court of Appeals. Catherine Fricano bought the house from a bank that had acquired it in
- [Tax break for selling land next to your house](https://www.beliveaulaw.net/2017/02/tax-break-for-selling-land-next-to-your-house/) - You probably know that if you make a profit when you sell your house, you can usually avoid paying capital gains tax. In most cases, you can avoid the tax on profits of up to $250,000 (or $500,000 for a married couple). But did you know that if you sell your house in one transaction
- [Beware of this ‘trap’ in commercial insurance](https://www.beliveaulaw.net/2017/02/beware-of-this-trap-in-commercial-insurance/) - Many commercial insurance policies contain what’s called a “protective safeguards endorsement.” This gives the property owner a break on its insurance premiums if the owner protects the property through a fire alarm, automatic sprinkler system, fire safety service contract, or other method of preventing harm. Sounds like a good idea, right? It can be …
- [More parents buy condos for their children in college](https://www.beliveaulaw.net/2017/02/more-parents-buy-condos-for-their-children-in-college/) - A growing trend is for parents to buy a condo for their college-age children to live in, instead of a dormitory. This gives the child more luxurious accommodations (and encourages an environment conducive to studying instead of all-night partying), while creating the possibility that the parents can sell the property at a profit in four
- [How to understand your APR](https://www.beliveaulaw.net/2017/02/how-to-understand-your-apr/) - Many mortgage shoppers are confused about the difference between a loan’s interest rate and its APR, or annual percentage rate. Understanding APR can be extremely valuable, because it can allow you to compare different loans more effectively and figure out which one is truly best for you. But you’ll also want to understand the limits
- [What do I do if the other parent claimed our child on their taxes?](https://www.beliveaulaw.net/2017/02/what-do-i-do-if-the-other-parent-claimed-our-child-on-their-taxes/) - ADDITIONAL INFORMATION: According to the child support agreement I'm suppose to claim our child for even tax years while she can claim her on odd tax years. So for this year's tax season(2016 tax season) the mom claimed our child on her taxes, before I can file my taxes. Now, I can't file my taxes
- [If I was omitted from a will do I have the right to receive a copy of the will? And do I have to sign a paper i won't contest?](https://www.beliveaulaw.net/2017/02/if-i-was-omitted-from-a-will-do-i-have-the-right-to-receive-a-copy-of-the-will-and-do-i-have-to-sign-a-paper-i-wont-contest/) - ADDITIONAL INFORMATION: Dad just passed away my aunt who is executor told me I was omitted from will. I don't trust. Will I still be entitled to original copy or just get a paper saying I will not contest and if I don't sign what happens? ATTORNEY ANSWER BY MARGARET L. CROSS: Once the personal
- [I am a beneficiary of irrevocable trust which last asset is a home that my mother is allowed to live in but not life right.](https://www.beliveaulaw.net/2017/02/i-am-a-beneficiary-of-irrevocable-trust-which-last-asset-is-a-home-that-my-mother-is-allowed-to-live-in-but-not-life-right/) - ADDITIONAL INFORMATION: She must maintain the home carry liability fire etc. Repair replace and provide all upkeep including taxes to remain there. She HAS NOT DONE THIS. I informed trustee and my sisters tried to get a loan for her unsuccessfully even the trustee tried and was denied. I want to stop the delapitation of
- [Inquiring to see if my brother and I have a case against my sister.](https://www.beliveaulaw.net/2017/02/inquiring-to-see-if-my-brother-and-i-have-a-case-against-my-sister/) - ADDITIONAL INFORMATION: 30 years ago my sister was given $40,000 by our father. He told me and my brother about it and told us he wanted to leave us something for our future. He said my sister would invest it and not be touched until he dies. This past January he passed and now my
- [What happens if no one wants the responsibility of what the will entails?](https://www.beliveaulaw.net/2017/02/what-happens-if-no-one-wants-the-responsibility-of-what-the-will-entails/) - ADDITIONAL INFORMATION: I have a family member who passed away and has left in the will that all liquid assets remain apart of the estate and has asked that they be used to establish a foundation for children in another country to pay for education. It's a noble idea, but also it sounds like it's
- [How do I legally report income for tax purposes on an investment that is held in the name of a friend?](https://www.beliveaulaw.net/2017/02/how-do-i-legally-report-income-for-tax-purposes-on-an-investment-that-is-held-in-the-name-of-a-friend/) - ADDITIONAL INFORMATION: If I give my friend money towards an investment in their name (equal to 50% of the total investment of one share of a restaurant), how can we each report this on our individual taxes? ATTORNEY ANSWER BY MARGARET L. CROSS: The income generated will be reported on the owner's tax return. You
- [Does a notarized document override an original Will](https://www.beliveaulaw.net/2017/02/does-a-notarized-document-override-an-original-will/) - ADDITIONAL INFORMATION: My father passed away leaving his children as the sole heirs in his will, but I have recently learned that a grandson in the family has greedily manipulated some notarized document claiming ownership of my fathers house and car. My father would have never knowingly signed any document giving him ownership of anything.
- [Can step children of a widow take possession of property forcefully when their father died.](https://www.beliveaulaw.net/2017/02/can-step-children-of-a-widow-take-possession-of-property-forcefully-when-their-father-died/) - ADDITIONAL INFORMATION: I have a friend that had her husband pass away just under a year ago. He had no will set in place. They owned several pieces of property. One my friend is currently residing in, others are open lots with valuable classic vehicles and other misc items. Upon her husband's passing his son
- [What do I do if my ex filed our daughter on his taxes, which violates the court order?](https://www.beliveaulaw.net/2017/02/what-do-i-do-if-my-ex-filed-our-daughter-on-his-taxes-which-violates-the-court-order/) - ADDITIONAL INFORMATION: I have sole legal and primary physical custody of my daughter, her dad lives in another state. Our court order says I have the exclusive rights to file her as a dependent on my taxes, and file for her dividend every year. He knew about the court order and still claimed her on
- [My father in law is in a 3 year court battle, he lives in a rv and recently had a stroke can we bring him to our state for care](https://www.beliveaulaw.net/2017/02/my-father-in-law-is-in-a-3-year-court-battle-he-lives-in-a-rv-and-recently-had-a-stroke-can-we-bring-him-to-our-state-for-care/) - ADDITIONAL INFORMATION: His friend died a few years ago leaving everything to Dan (father in law) after the death unknown nephews came out looking for money and took Dan to court. His case has been continued for years now he was set to go to trial on Monday but had a systematic stroke he can't
- [Nursing Home Fraud.](https://www.beliveaulaw.net/2017/02/nursing-home-fraud/) - ADDITIONAL INFORMATION: The Nursing Home that my Deceased Dad was in after having a sudden stroke is trying to get a judgement against me stating that I was his POA & I should not have accepted yrly checks from him for my two children & myself. I did not sign any papers stating that I
- [Will I have to pay income tax on my Mothers house that was in a revocable trust?](https://www.beliveaulaw.net/2017/02/will-i-have-to-pay-income-tax-on-my-mothers-house-that-was-in-a-revocable-trust/) - ADDITIONAL INFORMATION: I am sole heir in my Mothers revocable trust. She died in 2016, I sold her house in 2016. Will I have taxes to pay? ATTORNEY ANSWER BY MARGARET L. CROSS: Upon your mother's death, the home receives a step up in basis to fair market value. By placing and selling the home
- [Can bartering be an effective business strategy?](https://www.beliveaulaw.net/2017/01/can-bartering-be-an-effective-business-strategy/) - Have you ever thought about bartering as a way to get the goods and services you need for your business? A growing number of businesses are finding ways to use the bartering system as a means to avoid using up their company’s cash. A simple bartering arrangement involves two parties trading items of similar value.
- [Making the most of your tax refund](https://www.beliveaulaw.net/2017/01/making-the-most-of-your-tax-refund/) - If you are expecting a tax refund, you might consider investing your refund or using it to increase your financial security. While everyone’s needs are different, here are some optional uses of your refund that may work for you. Contribute your refund to your employer’s 401(k) plan. If your employer offers a matching contribution, that’s
- [Time to plan for inflation-adjusted 2017 tax numbers](https://www.beliveaulaw.net/2017/01/time-to-plan-for-inflation-adjusted-2017-tax-numbers/) - Each year, certain tax figures are adjusted for inflation. While most figures are unchanged versus 2016, there is more than a 7% increase to the maximum earnings subject to social security tax. Take note of these numbers to use in your 2017 planning. The maximum earnings subject to social security tax in 2017 is $127,200.
- [Mark your calendar: Tax deadlines](https://www.beliveaulaw.net/2017/01/mark-your-calendar-tax-deadlines/) - February 28 Payers must file information returns (except certain Forms 1099-MISC with non-employee compensation payments in box 7, which are due before February 1) with the IRS. (Except for certain Forms 1099-MISC outlined earlier, the deadline is March 31 if filing electronically.) Forms 1095-B and 1095-C due to the IRS, if filing on paper. March
- [Can we protect my mother's assets from Medicaid by having a family members live in her house and act as caretaker?](https://www.beliveaulaw.net/2017/01/can-we-protect-my-mothers-assets-from-medicaid-by-having-a-family-members-live-in-her-house-and-act-as-caretaker/) - ADDITIONAL INFORMATION: I heard from a neighbor but can't confirm that Medicaid's five year "look back" for assets that can be applied to nursing home expenses is cut back to two years if a family member lives in the house and acts as caretaker. If so, do they have to be living there for two
- [How do i sell mothers home,without power of attorney?](https://www.beliveaulaw.net/2017/01/how-do-i-sell-mothers-homewithout-power-of-attorney/) - ADDITIONAL INFORMATION: Mother is in nursing home, money is running out soon. I am her daughter, but I don't have durable power of attorney.What do I need to do,legally to sell her home, so that I can continue to pay her nursing home bill/utilities/property taxes/and medications? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Medicaid, her
- [Can you charge a fee if you are the administrator or executor in an informal probate?](https://www.beliveaulaw.net/2017/01/can-you-charge-a-fee-if-you-are-the-administrator-or-executor-in-an-informal-probate/) - ADDITIONAL INFORMATION: What would that fee be? ATTORNEY ANSWER BY MARGARET L. CROSS: As Personal Representative, you may charge reasonable fees to the estate. You may charge differently for different tasks. For example, cleaning out the basement would be charged out at a lesser amount than the preparation of the tax return for the estate
- [How do open a checking account if the Insurance Policy checks are made out to the Estate of?](https://www.beliveaulaw.net/2017/01/how-do-open-a-checking-account-if-the-insurance-policy-checks-are-made-out-to-the-estate-of/) - ADDITIONAL INFORMATION: My Fiancé passed away over a year ago. I was Power of Attorney and 100 percent beneficiary of his Trust. He got too sick to transfer everything under the trust. Now I have a pour over will naming me Personal Representative. Giving me full power with no bond. The banks will not accept
- [MassHealth estate recovery and probate litigation](https://www.beliveaulaw.net/2017/01/masshealth-estate-recovery-and-probate-litigation/) - ADDITIONAL INFORMATION: How much time does Masshealth have to make such a claim? Is there a time limit? Also, it is my understanding that they can only take whatever the decedent owned at the time of death. I assume then, any insurance proceedings and lawsuits proceedings post death are not available to Masshealth right? ATTORNEY
- [My grandmother would like to change her power of attorney. How can she do so?](https://www.beliveaulaw.net/2017/01/my-grandmother-would-like-to-change-her-power-of-attorney-how-can-she-do-so/) - ADDITIONAL INFORMATION: My grandmother currently has a family friend designated as her POA. She would now like me to be her POA. How can we make this change? ATTORNEY ANSWER BY MARGARET L. CROSS: All she has to do is execute a new power of attorney and notify the old agent that the old power
- [In MA, if Medicaid paid for a deceased hospitalization, do the heirs have to wait until the Estate Recovery fund is paid back?](https://www.beliveaulaw.net/2017/01/in-ma-if-medicaid-paid-for-a-deceased-hospitalization-do-the-heirs-have-to-wait-until-the-estate-recovery-fund-is-paid-back/) - ADDITIONAL INFORMATION: In MA, if Medicaid paid for a deceased hospitalization which is now in probate, does the administrator/heirs have to wait until the Estate Recovery fund is paid back before collecting any inheritances? ATTORNEY ANSWER BY MARGARET L. CROSS: MassHealth is a creditor of the estate. MassHealth is notified when the probate documents are
- [Do I inherit my estranged spouse's estate if no other survivors?](https://www.beliveaulaw.net/2017/01/do-i-inherit-my-estranged-spouses-estate-if-no-other-survivors/) - ADDITIONAL INFORMATION: Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law
- [Pending personal injury settlement needs to be put in special needs trust for disabled senior - what is best way to handle this?](https://www.beliveaulaw.net/2017/01/pending-personal-injury-settlement-needs-to-be-put-in-special-needs-trust-for-disabled-senior-what-is-best-way-to-handle-this/) - ADDITIONAL INFORMATION: Elderly mom will be receiving personal injury award. Expected to be $100K - $200K after lawyers & others are paid. Since mom is on Medicare & Medicaid, she'll need a special needs trust to ensure that she isn’t disqualified from these government programs. Questions: 1) Since Medicare/Medicaid are means-driven programs, the recipient can’t
- [Terrific](https://www.beliveaulaw.net/2017/01/terrific/) - Mary is terrific! Very thorough and responsive. ~W. Zhang
- [Refi and new purchase](https://www.beliveaulaw.net/2017/01/refi-and-new-purchase/) - I worked with Mary to refinance and to purchase at the same time. She was very efficient, professional, and quick. Everything went smoothly, and she had useful advice on a few questions that arose in the process. I highly recommend her. ~Anonymous
- [Efficient and helpful](https://www.beliveaulaw.net/2017/01/efficient-and-helpful/) - She did a great job reviewing a lease agreement very careful and attentive. I highly recommend her. ~Tony
- [Should you buy an annuity doubler for long-term care?](https://www.beliveaulaw.net/2017/01/should-you-buy-an-annuity-doubler-for-long-term-care/) - “Annuity doublers” are being touted as a new alternative to long-term care insurance. But are they a good idea? Long-term care plans have become much more expensive lately, pricing many older people out of the market. As an alternative, some companies are offering annuities that have a “nursing home doubler.” With this option, the amount
- [How to protect against elder financial abuse](https://www.beliveaulaw.net/2017/01/how-to-protect-against-elder-financial-abuse/) - Seniors who are dependent on others due to illness, disability or cognitive impairments may be susceptible to financial abuse and fraud. The culprits may be outside predators, hired caregivers, or in some cases even relatives. If you or a family member is increasingly dependent, there are some simple but important steps you can take to
- [Residents of care facilities can still vote – here’s how](https://www.beliveaulaw.net/2017/01/residents-of-care-facilities-can-still-vote-heres-how/) - Voting is the foundation of any democratic system, but it isn't easy if you’re in a long-term care facility. Residents of nursing, assisted living and other facilities face a number of challenges in voting, from registering to actually casting a ballot. When you move into a nursing home or assisted living residence, your address changes,
- [Avoid this new Medicare ‘trap’](https://www.beliveaulaw.net/2017/01/avoid-this-new-medicare-trap/) - When Judy Hanttula came home from the hospital after surgery last November, her doctor’s office called with bad news: Records showed that even though Judy had signed up for Original Medicare, she was nevertheless enrolled in a Medicare Advantage plan. Original Medicare wouldn’t pay for the surgery because she now had an Advantage plan, and
- [Some federal income tax refunds may be temporarily delayed](https://www.beliveaulaw.net/2017/01/some-federal-income-tax-refunds-may-be-temporarily-delayed/) - In general, you can expect your federal refund to be issued approximately 21 days after your electronically filed tax return has been accepted. However, identity theft is still a major problem, and the IRS continues to implement new strategies to protect taxpayer data. For example, if you claim the Earned Income Tax Credit or Additional
- [Standard mileage rates go down for 2017](https://www.beliveaulaw.net/2017/01/standard-mileage-rates-go-down-for-2017/) - Have you noticed the price of gas? So has the IRS – and the reimbursement rate for business mileage has gone down as a result. The new rate for 2017 is 53.5¢ per mile, down from the 2016 rate of 54¢ per mile. The rate for medical and moving mileage also decreased. Effective January 1,
- [2017 financial shape up: Small steps toward big goals](https://www.beliveaulaw.net/2017/01/2017-financial-shape-up-small-steps-toward-big-goals/) - Shaping up your finances in 2017 may seem like a big goal, perhaps even too daunting. But if you take one small step at a time, these small steps will add up. Here are suggestions. * Shift out of automatic. Have you established automatic bill pay at your bank or service provider, or automatic charges
- [IRS extended the due date for Forms 1095](https://www.beliveaulaw.net/2017/01/irs-extended-the-due-date-for-forms-1095/) - When you're an applicable large employer (generally, when you employ 50 or more full-time workers and equivalents), you're required to provide information about health coverage to the IRS and to your employees. The IRS extended the date on which two of these forms are due to your employees. Instead of being due January 31, Form
- [Note the new due dates for Forms W-2 and 1099](https://www.beliveaulaw.net/2017/01/note-the-new-due-dates-for-forms-w-2-and-1099/) - Did you spot the new due dates on the tax calendar? As you begin your January payroll preparation, take into account earlier due dates for two common information reporting forms. Forms W-2 for 2016 are due January 31 for all copies. In the past, you had to provide Forms W-2 to your employees by January
- [Mark your calendar: First quarter 2017 tax deadlines](https://www.beliveaulaw.net/2017/01/mark-your-calendar-first-quarter-2017-tax-deadlines/) - Tax return filing season has arrived, which means it's time to mark your calendar for these 2017 tax deadlines. January 17 – Due date for the fourth and final installment of 2016 estimated tax for individuals (unless you file your 2016 return and pay any balance due by January 31). January 31 – Employers must
- [Remarriage is a reminder to revisit your estate plan](https://www.beliveaulaw.net/2016/12/remarriage-is-a-reminder-to-revisit-your-estate-plan/) - Approximately 40 percent of marriages these days are remarriages for at least one partner. When you remarry, there are all sorts of issues to consider related to your estate plan. For older people, the main focus may be ensuring that their adult children or grandchildren have an inheritance. Without proper planning, a new spouse could
- [Survivorship life insurance can be good vehicle for estate planning](https://www.beliveaulaw.net/2016/12/survivorship-life-insurance-can-be-good-vehicle-for-estate-planning/) - Survivorship life insurance (also known as “second-to-die”) can be an important vehicle to consider for estate planning in the right cases. This type of insurance policy covers two lives and pays out the proceeds when the second insured dies. One benefit is that the premium tends to be lower than it would be for two
- [Valuation discounts for transfers in family businesses in jeopardy](https://www.beliveaulaw.net/2016/12/valuation-discounts-for-transfers-in-family-businesses-in-jeopardy/) - The ability to take valuation discounts on the transfer of an interest in a family business for estate, gift and generation-skipping transfer tax purposes would be drastically limited under long-awaited proposed regulations from the Treasury Department. The most impactful element of the proposal bars any significant discount for lack of control or lack of marketability
- [Are you up-to-date on the tax rules affecting your 2016 return?](https://www.beliveaulaw.net/2016/12/are-you-up-to-date-on-the-tax-rules-affecting-your-2016-return/) - Here’s a quick review of some of the rules you can expect to encounter when you get ready to prepare your 2016 federal income tax return. Income tax rates. For 2016, ordinary federal income tax rates range from 10% to 35% unless your taxable income exceeds $415,050 when you’re single or $466,950 if you’re married
- [No change to nanny tax threshold](https://www.beliveaulaw.net/2016/12/no-change-to-nanny-tax-threshold/) - The social security coverage threshold for domestic employees, including nannies, will remain at $2,000 for 2017, the same as the 2016 threshold. If your household workers earn less than $2,000, you do not have to pay social security or Medicare taxes on wages paid to those employees. When you pay your household employees more than
- [Check your basis in your S corporation before the end of the year](https://www.beliveaulaw.net/2016/12/check-your-basis-in-your-s-corporation-before-the-end-of-the-year/) - Losses can be hard to take – so if you think your S corporation will show a loss for 2016, now’s the time to plan to make sure you’ll get the full tax benefit. The problem. The amount of the business loss you can deduct on your individual income tax return is limited to your
- [Be prepared for a higher social security wage base in 2017](https://www.beliveaulaw.net/2016/12/be-prepared-for-a-higher-social-security-wage-base-in-2017/) - For 2017, the wage base for withholding social security tax from wages has increased to $127,200, up from $118,500 in 2016. The “wage base” is the amount of wages on which employers and employees must pay the 6.2% social security tax. The increased wage base means an additional $8,700 of your income is taxed. The
- [Tax reminders](https://www.beliveaulaw.net/2016/12/tax-reminders/) - December 15 – Due date for calendar-year corporations to pay the last installment of 2016 estimated income tax. December 31 – Deadline to complete 2016 tax-free gifts of up to $14,000 per recipient. December 31 – Deadline for paying expenses you want to be able to deduct on your 2016 income tax return.
- [Must you disclose notes from an HR investigation?](https://www.beliveaulaw.net/2016/11/must-you-disclose-notes-from-an-hr-investigation/) - An employee complains about discrimination or harassment, and you conduct an investigation. The employee is still unhappy and sues. Can you be forced to turn over all your notes from the investigation as part of the court case? The answer is not always clear – and it’s an important issue you should be aware of.
- [Government steps up audits of health care privacy](https://www.beliveaulaw.net/2016/11/government-steps-up-audits-of-health-care-privacy/) - The federal government has begun a much more intensive program of auditing health care providers for violations of HIPAA, the federal law that protects patients’ privacy. For the first time, the government will be auditing not only health care providers but also related businesses to whom patients’ information might be disclosed – including third-party administrators,
- [Employee gets away with keeping confidential info](https://www.beliveaulaw.net/2016/11/employee-gets-away-with-keeping-confidential-info/) - Anthony Leness was an executive at a company called EventMonitor. His contract stated that he couldn’t disclose confidential information and that he would return all such information if he left the company. After six years, Leness was terminated. Shortly afterward, the company discovered that he had subscribed to an online data storage service and had
- [‘Tip pools’ are limited by federal law](https://www.beliveaulaw.net/2016/11/tip-pools-are-limited-by-federal-law/) - Businesses can require their tipped employees to participate in “tip pools,” in which they contribute all their tips to a pot and then share them according to some formula. As a general rule, a tip pool can only include employees who regularly receive tips. So for instance, a restaurant can require all its waiters to
- [New threats to online retailers](https://www.beliveaulaw.net/2016/11/new-threats-to-online-retailers/) - As more and more companies sell things online, especially to far-flung customers, it can be difficult to keep track of the ever-changing legal rules that apply. Here’s a look at just some of the issues on the horizon that online retailers should be aware of: Is your website accessible to the disabled? You might be
- [Time to renew Individual Taxpayer Identification Numbers](https://www.beliveaulaw.net/2016/11/time-to-renew-individual-taxpayer-identification-numbers/) - Individual Taxpayer Identification Numbers (ITINs) are nine-digit numbers issued by the IRS so certain taxpayers who do not have a social security number can file a tax return. According to the IRS, approximately 11 million people have received an ITIN. Now, some of these numbers may need to be renewed. ITINs that have not been
- [Stay ahead of the deadline for 2016 required minimum distributions](https://www.beliveaulaw.net/2016/11/stay-ahead-of-the-deadline-for-2016-required-minimum-distributions/) - If you’re over 70½ and are required to take distributions from your IRA or other retirement account, remember that you must take your 2016 required minimum distribution by December 31. Due to year-end holidays and transfer time constraints, getting the process started now can avoid a last-minute rush, as well as a steep penalty of
- [Can your business survive these seven potential disasters?](https://www.beliveaulaw.net/2016/11/can-your-business-survive-these-seven-potential-disasters/) - Disasters, natural or otherwise, could ultimately lead to your company’s demise. Fortunately, advance planning can keep you on track. Here are seven scenarios to be prepared for. A natural disaster. To paraphrase the old saying, you can talk about the weather, but there’s not much you can do about it – except have a plan
- [Insurance enrollment begins this month](https://www.beliveaulaw.net/2016/11/insurance-enrollment-begins-this-month-2/) - Beginning this month, you can sign up for a new 2017 health insurance policy on the health insurance Marketplace. You can also change or renew the policy you purchased during the last enrollment period. Even if your current policy has an automatic renewal feature, you’ll want to verify that you’re getting the best deal, and
- [Save yourself some stress. Start your year-end tax review now](https://www.beliveaulaw.net/2016/11/save-yourself-some-stress-start-your-year-end-tax-review-now/) - An important part of our service to you is to help identify actions you can take before year-end to minimize your personal 2016 federal income tax bill. Accelerating or delaying income and deductions, contributing to retirement plans, and taking investment losses are just a few of the strategies you might want to consider. Here’s a
- [Multi-generational families are facing zoning problems](https://www.beliveaulaw.net/2016/10/multi-generational-families-are-facing-zoning-problems/) - A growing number of families want to live in a home along with elderly parents or “boomerang” grown children – but they may run into problems with the local zoning board. Some 18% of Americans now live in a home with more than one adult generation, and that figure is growing. In many cases, what
- [Congress extends homeowner credits for energy improvements](https://www.beliveaulaw.net/2016/10/congress-extends-homeowner-credits-for-energy-improvements/) - Congress has extended a number of tax credits for homeowners who make energy-efficient improvements to their home, as long as the equipment they install is certified by the manufacturer as qualifying for the programs. The credits fall into two categories: (1) Traditional improvements You can get a credit for 100% of your expenses for central
- [New rules if you buy real estate from a foreign owner](https://www.beliveaulaw.net/2016/10/new-rules-if-you-buy-real-estate-from-a-foreign-owner/) - Did you know that if you buy real estate in the U.S. from a foreign owner, you may have to withhold a big chunk of the sale price and send it to the IRS? This is required by a law called FIRPTA (the Foreign Investment in Real Property Tax Act), which is designed to make
- [‘Underwater’ homeowners may get mortgage principal reduced](https://www.beliveaulaw.net/2016/10/underwater-homeowners-may-get-mortgage-principal-reduced/) - Some 33,000 homeowners across the country will be eligible to have the amount of their mortgage principal reduced under a plan recently unveiled by the Federal Housing Finance Agency. This is a different plan from the government’s better-known HAMP and HARP programs. HAMP (the “Home Affordable Modification Program”) focuses mainly on reducing monthly payments rather
- [Can landlords refuse to rent to tenants with a criminal record?](https://www.beliveaulaw.net/2016/10/can-landlords-refuse-to-rent-to-tenants-with-a-criminal-record/) - Benigno Herrera, a 70-year-old man in Austin, Texas, was turned down when he tried to rent an apartment recently. The reason? He had a drunk driving conviction on his record – from 36 years ago. Cases like Herrera’s are coming up much more frequently, and raising legal questions about how far landlords can go in
- [How Medicaid’s look-back period works](https://www.beliveaulaw.net/2016/10/how-medicaids-look-back-period-works/) - Medicaid’s look-back period can be confusing, but it’s important because it can have a very significant effect on your ability to pay for long-term care. Unlike Medicare, Medicaid is a system that’s available only to people who have very few assets. As a result, the government is concerned that people will “game the system” by giving

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- [trust law](https://www.beliveaulaw.net/tag/trust-law/)
- [lease](https://www.beliveaulaw.net/tag/lease/)
- [Massachusetts real estate](https://www.beliveaulaw.net/tag/massachusetts-real-estate/)
- [refinance](https://www.beliveaulaw.net/tag/refinance/)
- [special needs](https://www.beliveaulaw.net/tag/special-needs/)
- [d4a](https://www.beliveaulaw.net/tag/d4a/)
- [settlement](https://www.beliveaulaw.net/tag/settlement/)
- [estate tax](https://www.beliveaulaw.net/tag/estate-tax/)
- [estate recovery](https://www.beliveaulaw.net/tag/estate-recovery/)
- [waiver](https://www.beliveaulaw.net/tag/waiver/)
- [POA](https://www.beliveaulaw.net/tag/poa/)
- [fees](https://www.beliveaulaw.net/tag/fees/)
- [homestead](https://www.beliveaulaw.net/tag/homestead/)
- [care taker child](https://www.beliveaulaw.net/tag/care-taker-child/)
- [two year](https://www.beliveaulaw.net/tag/two-year/)
- [capital gains](https://www.beliveaulaw.net/tag/capital-gains/)
- [income tax](https://www.beliveaulaw.net/tag/income-tax/)
- [during home fraud](https://www.beliveaulaw.net/tag/during-home-fraud/)
- [durable power of attorey](https://www.beliveaulaw.net/tag/durable-power-of-attorey/)
- [gifting](https://www.beliveaulaw.net/tag/gifting/)
- [5 year](https://www.beliveaulaw.net/tag/5-year/)
- [deduction](https://www.beliveaulaw.net/tag/deduction/)
- [dependent](https://www.beliveaulaw.net/tag/dependent/)
- [spousal share](https://www.beliveaulaw.net/tag/spousal-share/)
- [intestacy](https://www.beliveaulaw.net/tag/intestacy/)
- [loan](https://www.beliveaulaw.net/tag/loan/)
- [undue influence](https://www.beliveaulaw.net/tag/undue-influence/)
- [private foundation](https://www.beliveaulaw.net/tag/private-foundation/)
- [declanation](https://www.beliveaulaw.net/tag/declanation/)
- [public administrator](https://www.beliveaulaw.net/tag/public-administrator/)
- [oral trust](https://www.beliveaulaw.net/tag/oral-trust/)
- [fiduciary duty](https://www.beliveaulaw.net/tag/fiduciary-duty/)
- [trustee responsibility](https://www.beliveaulaw.net/tag/trustee-responsibility/)
- [omitted heir](https://www.beliveaulaw.net/tag/omitted-heir/)
- [income tax deduction](https://www.beliveaulaw.net/tag/income-tax-deduction/)
- [child deduction](https://www.beliveaulaw.net/tag/child-deduction/)
- [wrongful death](https://www.beliveaulaw.net/tag/wrongful-death/)
- [will contest](https://www.beliveaulaw.net/tag/will-contest/)
- [intestate](https://www.beliveaulaw.net/tag/intestate/)
- [no will](https://www.beliveaulaw.net/tag/no-will/)
- [life estate](https://www.beliveaulaw.net/tag/life-estate/)
- [trustee liability](https://www.beliveaulaw.net/tag/trustee-liability/)
- [beneficiary rights](https://www.beliveaulaw.net/tag/beneficiary-rights/)
- [eviction](https://www.beliveaulaw.net/tag/eviction/)
- [paternity](https://www.beliveaulaw.net/tag/paternity/)
- [incapacitation](https://www.beliveaulaw.net/tag/incapacitation/)
- [charitable deduction](https://www.beliveaulaw.net/tag/charitable-deduction/)
- [funeral](https://www.beliveaulaw.net/tag/funeral/)
- [trust funding](https://www.beliveaulaw.net/tag/trust-funding/)
- [deed](https://www.beliveaulaw.net/tag/deed/)
- [PR](https://www.beliveaulaw.net/tag/pr/)
- [asset protection](https://www.beliveaulaw.net/tag/asset-protection/)
- [creditor](https://www.beliveaulaw.net/tag/creditor/)
- [statute of frauds](https://www.beliveaulaw.net/tag/statute-of-frauds/)
- [voluntary administration](https://www.beliveaulaw.net/tag/voluntary-administration/)
- [indigency](https://www.beliveaulaw.net/tag/indigency/)
- [IRA](https://www.beliveaulaw.net/tag/ira/)
- [condo](https://www.beliveaulaw.net/tag/condo/)
- [home owners association](https://www.beliveaulaw.net/tag/home-owners-association/)
- [renting](https://www.beliveaulaw.net/tag/renting/)
- [foreclosure](https://www.beliveaulaw.net/tag/foreclosure/)
- [representative payee](https://www.beliveaulaw.net/tag/representative-payee/)
- [designated beneficiary](https://www.beliveaulaw.net/tag/designated-beneficiary/)
- [beneficial designation](https://www.beliveaulaw.net/tag/beneficial-designation/)
- [Medicare](https://www.beliveaulaw.net/tag/medicare/)
- [Massachusetts fiduciary tax](https://www.beliveaulaw.net/tag/massachusetts-fiduciary-tax/)
- [complex trust](https://www.beliveaulaw.net/tag/complex-trust/)
- [deminia](https://www.beliveaulaw.net/tag/deminia/)
- [disability](https://www.beliveaulaw.net/tag/disability/)
- [disclaimer](https://www.beliveaulaw.net/tag/disclaimer/)
- [qualified disclaimer](https://www.beliveaulaw.net/tag/qualified-disclaimer/)
- [1041](https://www.beliveaulaw.net/tag/1041/)
- [1040](https://www.beliveaulaw.net/tag/1040/)
- [living trust](https://www.beliveaulaw.net/tag/living-trust/)
- [revocable trust](https://www.beliveaulaw.net/tag/revocable-trust/)
- [Medicaid trust](https://www.beliveaulaw.net/tag/medicaid-trust/)
- [irrevocable trust](https://www.beliveaulaw.net/tag/irrevocable-trust/)
- [dpa](https://www.beliveaulaw.net/tag/dpa/)
- [health care proxy](https://www.beliveaulaw.net/tag/health-care-proxy/)
- [hcp](https://www.beliveaulaw.net/tag/hcp/)
- [inventory](https://www.beliveaulaw.net/tag/inventory/)
- [incompetency](https://www.beliveaulaw.net/tag/incompetency/)
- [Trustee removal](https://www.beliveaulaw.net/tag/trustee-removal/)
- [trustee succession](https://www.beliveaulaw.net/tag/trustee-succession/)
- [trustee appointment](https://www.beliveaulaw.net/tag/trustee-appointment/)
- [lien](https://www.beliveaulaw.net/tag/lien/)
- [IRS](https://www.beliveaulaw.net/tag/irs/)
- [real estate contract](https://www.beliveaulaw.net/tag/real-estate-contract/)
- [NH Tax Laws](https://www.beliveaulaw.net/tag/nh-tax-laws/)
- [COLA](https://www.beliveaulaw.net/tag/cola/)
- [SSI](https://www.beliveaulaw.net/tag/ssi/)
- [Cost of Living Adjustment](https://www.beliveaulaw.net/tag/cost-of-living-adjustment/)
- [Massachusetts](https://www.beliveaulaw.net/tag/massachusetts/)
- [MA](https://www.beliveaulaw.net/tag/ma/)
- [FL](https://www.beliveaulaw.net/tag/fl/)
- [New Hampshire](https://www.beliveaulaw.net/tag/new-hampshire/)
- [executor fee](https://www.beliveaulaw.net/tag/executor-fee/)
- [probate asset](https://www.beliveaulaw.net/tag/probate-asset/)
- [sale of house](https://www.beliveaulaw.net/tag/sale-of-house/)
- [closings](https://www.beliveaulaw.net/tag/closings/)
- [contempt](https://www.beliveaulaw.net/tag/contempt/)
- [forclosure](https://www.beliveaulaw.net/tag/forclosure/)
- [mortgage](https://www.beliveaulaw.net/tag/mortgage/)
- [workers comp](https://www.beliveaulaw.net/tag/workers-comp/)
- [workers compensation](https://www.beliveaulaw.net/tag/workers-compensation/)
- [debt collection](https://www.beliveaulaw.net/tag/debt-collection/)
- [bond](https://www.beliveaulaw.net/tag/bond/)
- [bad credit](https://www.beliveaulaw.net/tag/bad-credit/)
- [debt](https://www.beliveaulaw.net/tag/debt/)
- [beneficiaries](https://www.beliveaulaw.net/tag/beneficiaries/)
- [trust distribution](https://www.beliveaulaw.net/tag/trust-distribution/)
- [springing power of attorney](https://www.beliveaulaw.net/tag/springing-power-of-attorney/)
- [resident agent](https://www.beliveaulaw.net/tag/resident-agent/)
- [renunciation](https://www.beliveaulaw.net/tag/renunciation/)
- [formal probate](https://www.beliveaulaw.net/tag/formal-probate/)
- [informal probate](https://www.beliveaulaw.net/tag/informal-probate/)
- [small estate](https://www.beliveaulaw.net/tag/small-estate/)
- [parental rights](https://www.beliveaulaw.net/tag/parental-rights/)
- [tenant in common](https://www.beliveaulaw.net/tag/tenant-in-common/)
- [joint tenant](https://www.beliveaulaw.net/tag/joint-tenant/)
- [estate adiministration](https://www.beliveaulaw.net/tag/estate-adiministration/)
- [medical decisions](https://www.beliveaulaw.net/tag/medical-decisions/)
- [gravestone](https://www.beliveaulaw.net/tag/gravestone/)
- [limited liabaility company](https://www.beliveaulaw.net/tag/limited-liabaility-company/)
- [nominee trust](https://www.beliveaulaw.net/tag/nominee-trust/)
- [month to month](https://www.beliveaulaw.net/tag/month-to-month/)
- [d(4)(a) trust](https://www.beliveaulaw.net/tag/d4a-trust/)
- [special needs trust](https://www.beliveaulaw.net/tag/special-needs-trust/)
- [supplemental needs trust](https://www.beliveaulaw.net/tag/supplemental-needs-trust/)
- [pooled trust](https://www.beliveaulaw.net/tag/pooled-trust/)
- [inherited IRA](https://www.beliveaulaw.net/tag/inherited-ira/)
- [traditional IRA](https://www.beliveaulaw.net/tag/traditional-ira/)
- [capital gain exclusion](https://www.beliveaulaw.net/tag/capital-gain-exclusion/)
- [successor Trustee](https://www.beliveaulaw.net/tag/successor-trustee/)
- [declination](https://www.beliveaulaw.net/tag/declination/)
- [gift tax](https://www.beliveaulaw.net/tag/gift-tax/)
- [life insurance](https://www.beliveaulaw.net/tag/life-insurance/)
- [premiums](https://www.beliveaulaw.net/tag/premiums/)
- [fraud](https://www.beliveaulaw.net/tag/fraud/)
- [incompetenct](https://www.beliveaulaw.net/tag/incompetenct/)
- [guardian](https://www.beliveaulaw.net/tag/guardian/)
- [ancillary probate](https://www.beliveaulaw.net/tag/ancillary-probate/)
- [ancillary estate](https://www.beliveaulaw.net/tag/ancillary-estate/)
- [eminent domain](https://www.beliveaulaw.net/tag/eminent-domain/)
- [business income tax](https://www.beliveaulaw.net/tag/business-income-tax/)
- [tax obligations](https://www.beliveaulaw.net/tag/tax-obligations/)
- [Landlord](https://www.beliveaulaw.net/tag/landlord/)
- [coronavirus](https://www.beliveaulaw.net/tag/coronavirus/)
- [covid-19](https://www.beliveaulaw.net/tag/covid-19/)
- [beneficiary designation](https://www.beliveaulaw.net/tag/beneficiary-designation/)
- [verbal contract](https://www.beliveaulaw.net/tag/verbal-contract/)
- [contract](https://www.beliveaulaw.net/tag/contract/)
- [promise](https://www.beliveaulaw.net/tag/promise/)
- [guardian; guardianship](https://www.beliveaulaw.net/tag/guardian-guardianship/)
- [by owner](https://www.beliveaulaw.net/tag/by-owner/)
- [Sole Proprietorship](https://www.beliveaulaw.net/tag/sole-proprietorship/)
- [Business Law](https://www.beliveaulaw.net/tag/business-law/)
- [covid](https://www.beliveaulaw.net/tag/covid/)
- [Livings Wills](https://www.beliveaulaw.net/tag/livings-wills/)
- [Advance Directives](https://www.beliveaulaw.net/tag/advance-directives/)
- [Healthcare Proxy](https://www.beliveaulaw.net/tag/healthcare-proxy/)
- [Homestead Exemption](https://www.beliveaulaw.net/tag/homestead-exemption/)
- [Non-Compete Agreement](https://www.beliveaulaw.net/tag/non-compete-agreement/)
- [Real Estate Law](https://www.beliveaulaw.net/tag/real-estate-law/)
- [Home Improvement Contracts](https://www.beliveaulaw.net/tag/home-improvement-contracts/)
- [Contracts](https://www.beliveaulaw.net/tag/contracts/)
- [title](https://www.beliveaulaw.net/tag/title/)
- [Title Search](https://www.beliveaulaw.net/tag/title-search/)
- [RMD](https://www.beliveaulaw.net/tag/rmd/)
- [Economic Injury Disaster Loan](https://www.beliveaulaw.net/tag/economic-injury-disaster-loan/)
- [Paycheck Protection Program](https://www.beliveaulaw.net/tag/paycheck-protection-program/)
- [CARES Act](https://www.beliveaulaw.net/tag/cares-act/)
- [Coronavirus Aid](https://www.beliveaulaw.net/tag/coronavirus-aid/)
- [Lawsuit](https://www.beliveaulaw.net/tag/lawsuit/)
- [Release Deeds](https://www.beliveaulaw.net/tag/release-deeds/)
- [Quitclaim Deeds](https://www.beliveaulaw.net/tag/quitclaim-deeds/)
- [Warranty Deeds](https://www.beliveaulaw.net/tag/warranty-deeds/)
- [life settlement](https://www.beliveaulaw.net/tag/life-settlement/)
- [Secure Act 2.0](https://www.beliveaulaw.net/tag/secure-act-2-0/)
- [retirement](https://www.beliveaulaw.net/tag/retirement/)
- [Death Beneficiaries](https://www.beliveaulaw.net/tag/death-beneficiaries/)
- [Restricted Stock](https://www.beliveaulaw.net/tag/restricted-stock/)
- [probate; Massachusetts; estate administration](https://www.beliveaulaw.net/tag/probate-massachusetts-estate-administration/)
- [common law marriage](https://www.beliveaulaw.net/tag/common-law-marriage/)
- [quitclaim deed; estate plan; probate; inheritance](https://www.beliveaulaw.net/tag/quitclaim-deed-estate-plan-probate-inheritance/)
- [probate; estate planning](https://www.beliveaulaw.net/tag/probate-estate-planning/)
- [EIN](https://www.beliveaulaw.net/tag/ein/)
- [employer identification number](https://www.beliveaulaw.net/tag/employer-identification-number/)
- [double probate](https://www.beliveaulaw.net/tag/double-probate/)
- [denied access](https://www.beliveaulaw.net/tag/denied-access/)
- [Medicaid; nursing home](https://www.beliveaulaw.net/tag/medicaid-nursing-home/)
- [probate; divorce](https://www.beliveaulaw.net/tag/probate-divorce/)
- [probate; title; deed](https://www.beliveaulaw.net/tag/probate-title-deed/)
- [Trustee power](https://www.beliveaulaw.net/tag/trustee-power/)
- [realty trust](https://www.beliveaulaw.net/tag/realty-trust/)
- [credit card debt](https://www.beliveaulaw.net/tag/credit-card-debt/)
- [name change](https://www.beliveaulaw.net/tag/name-change/)
- [notary](https://www.beliveaulaw.net/tag/notary/)
- [nursing home expenses](https://www.beliveaulaw.net/tag/nursing-home-expenses/)
- [home protection](https://www.beliveaulaw.net/tag/home-protection/)
- [elderly care](https://www.beliveaulaw.net/tag/elderly-care/)
- [aging parents](https://www.beliveaulaw.net/tag/aging-parents/)
- [financial planning](https://www.beliveaulaw.net/tag/financial-planning/)
- [revocable living trust](https://www.beliveaulaw.net/tag/revocable-living-trust/)
- [assets](https://www.beliveaulaw.net/tag/assets/)
- [jointly owned assets](https://www.beliveaulaw.net/tag/jointly-owned-assets/)
- [named beneficiaries](https://www.beliveaulaw.net/tag/named-beneficiaries/)
- [payable-on-death](https://www.beliveaulaw.net/tag/payable-on-death/)
- [estate taxes](https://www.beliveaulaw.net/tag/estate-taxes/)
- [creditors](https://www.beliveaulaw.net/tag/creditors/)
- [lawsuits](https://www.beliveaulaw.net/tag/lawsuits/)
- [consultation](https://www.beliveaulaw.net/tag/consultation/)
- [legal services](https://www.beliveaulaw.net/tag/legal-services/)
- [long-term care](https://www.beliveaulaw.net/tag/long-term-care/)
- [Medicaid eligibility](https://www.beliveaulaw.net/tag/medicaid-eligibility/)
- [long-term care insurance](https://www.beliveaulaw.net/tag/long-term-care-insurance/)
- [gift taxes](https://www.beliveaulaw.net/tag/gift-taxes/)
- [family limited partnership](https://www.beliveaulaw.net/tag/family-limited-partnership/)
- [legal structure](https://www.beliveaulaw.net/tag/legal-structure/)
- [estate planning; divorce; Last Will and Testament; Wills](https://www.beliveaulaw.net/tag/estate-planning-divorce-last-will-and-testament-wills/)
- [estate planning; no contest; disinherit](https://www.beliveaulaw.net/tag/estate-planning-no-contest-disinherit/)
- [separation](https://www.beliveaulaw.net/tag/separation/)
- [divorce](https://www.beliveaulaw.net/tag/divorce/)
- [abandon](https://www.beliveaulaw.net/tag/abandon/)
- [Mass](https://www.beliveaulaw.net/tag/mass/)
- [NH](https://www.beliveaulaw.net/tag/nh/)
- [elective share](https://www.beliveaulaw.net/tag/elective-share/)
- [spousal rights](https://www.beliveaulaw.net/tag/spousal-rights/)
- [reverse mortgage](https://www.beliveaulaw.net/tag/reverse-mortgage/)
- [limited power of appointment](https://www.beliveaulaw.net/tag/limited-power-of-appointment/)
- [creditor period](https://www.beliveaulaw.net/tag/creditor-period/)
- [step child](https://www.beliveaulaw.net/tag/step-child/)
- [long-term care planning](https://www.beliveaulaw.net/tag/long-term-care-planning/)
- [estate plan](https://www.beliveaulaw.net/tag/estate-plan/)
- [Medicaid Asset Protection Trust](https://www.beliveaulaw.net/tag/medicaid-asset-protection-trust/)
- [annuities](https://www.beliveaulaw.net/tag/annuities/)
- [gifting strategies](https://www.beliveaulaw.net/tag/gifting-strategies/)
- [legal counsel](https://www.beliveaulaw.net/tag/legal-counsel/)
- [Massachusetts estate planning attorney](https://www.beliveaulaw.net/tag/massachusetts-estate-planning-attorney/)
- [Estate Planning Attorneys](https://www.beliveaulaw.net/tag/estate-planning-attorneys/)
- [Tax Implications](https://www.beliveaulaw.net/tag/tax-implications/)
- [Federal Taxes](https://www.beliveaulaw.net/tag/federal-taxes/)
- [Step-Up in Basis](https://www.beliveaulaw.net/tag/step-up-in-basis/)
- [Reporting Requirements](https://www.beliveaulaw.net/tag/reporting-requirements/)
- [Fiduciary Income Tax](https://www.beliveaulaw.net/tag/fiduciary-income-tax/)
- [State Laws](https://www.beliveaulaw.net/tag/state-laws/)
- [Tax Efficiency](https://www.beliveaulaw.net/tag/tax-efficiency/)
- [Wealth Preservation](https://www.beliveaulaw.net/tag/wealth-preservation/)
- [Dying intestate](https://www.beliveaulaw.net/tag/dying-intestate/)
- [Probate process](https://www.beliveaulaw.net/tag/probate-process/)
- [Intestacy laws](https://www.beliveaulaw.net/tag/intestacy-laws/)
- [Heirs](https://www.beliveaulaw.net/tag/heirs/)
- [Single individuals](https://www.beliveaulaw.net/tag/single-individuals/)
- [Estate distribution](https://www.beliveaulaw.net/tag/estate-distribution/)
- [Estate planning attorney](https://www.beliveaulaw.net/tag/estate-planning-attorney/)
- [Living trusts](https://www.beliveaulaw.net/tag/living-trusts/)
- [irrevocable living trust](https://www.beliveaulaw.net/tag/irrevocable-living-trust/)
- [asset management](https://www.beliveaulaw.net/tag/asset-management/)
- [asset distribution](https://www.beliveaulaw.net/tag/asset-distribution/)
- [estate tax planning](https://www.beliveaulaw.net/tag/estate-tax-planning/)
- [estate attorney](https://www.beliveaulaw.net/tag/estate-attorney/)
- [Business Compliance](https://www.beliveaulaw.net/tag/business-compliance/)
- [exemptions](https://www.beliveaulaw.net/tag/exemptions/)
- [marital deduction](https://www.beliveaulaw.net/tag/marital-deduction/)
- [annual gift tax exclusion](https://www.beliveaulaw.net/tag/annual-gift-tax-exclusion/)
- [business succession planning](https://www.beliveaulaw.net/tag/business-succession-planning/)
- [estate tax law changes](https://www.beliveaulaw.net/tag/estate-tax-law-changes/)
- [professional guidance.](https://www.beliveaulaw.net/tag/professional-guidance/)
- [Creditor Periods](https://www.beliveaulaw.net/tag/creditor-periods/)
- [Super Creditors](https://www.beliveaulaw.net/tag/super-creditors/)
- [Legal Compliance](https://www.beliveaulaw.net/tag/legal-compliance/)
- [Revocable Trusts](https://www.beliveaulaw.net/tag/revocable-trusts/)
- [Irrevocable Trusts](https://www.beliveaulaw.net/tag/irrevocable-trusts/)
- [Testamentary Trusts](https://www.beliveaulaw.net/tag/testamentary-trusts/)
- [Charitable Trusts](https://www.beliveaulaw.net/tag/charitable-trusts/)
- [Supplemental Needs Trusts](https://www.beliveaulaw.net/tag/supplemental-needs-trusts/)
- [lost trust](https://www.beliveaulaw.net/tag/lost-trust/)
- [tenants in common](https://www.beliveaulaw.net/tag/tenants-in-common/)
- [Credit Shelter Trusts](https://www.beliveaulaw.net/tag/credit-shelter-trusts/)