estate planning

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 other assets from the nursing home and long-term care expenses. One of the most effective ways to protect your home is

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 wishes. One of the most effective ways to avoid probate is to create a revocable living trust. A living trust is

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 of how it can be used to protect assets, and alternative options to safeguard your home from potential nursing home expenses.

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 inheriting property or assets. What is Disclaiming an Inheritance? Disclaiming an inheritance is a legal way to refuse to accept property

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 authenticity and provenance that will not be challenged in probate court. In this article, we will provide a brief overview of

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 the corresponding will is a pour over will which means that if there are any assets held outside the trust going

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 name and your creditors can’t touch her after your death. She will need to do her own estate planning so that

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 sibling died or divorced, their spouse might feel entitled to a portion of the cottage, not to mention, there is no

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 live in the property for your life and after your death the property should be donated to a charity. Your friend

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 a say that your granddaughter. However, is she is a minor, he can control the asset as her guardian. Follow us

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