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Conservatorship is a legal process where the Probate and Family Court grants authority to an individual to oversee the financial affairs of another. For example, this could benefit an elderly parent suffering from dementia, a minor, or a person who is mentally incompetent or disabled. The COVID-19 pandemic has caused courts throughout the nation toRead more

The COVID-19 pandemic has resulted in many people more carefully considering their own mortality and the need to develop an estate plan. According to December 2019 study by Caring.com, only 48% of people age 55 or older have a will or estate planning documents. For those between ages 35 and 54, only 27% have estateRead more

Nursing Home Safety – The COVID-19 pandemic has created a lot of tension and anxiety across the United States, especially in nursing homes. The elderly and often ill residents are at a much higher risk of death or severe results when exposed. Infections can spread rapidly in long-term care facilities due to the enclosed quartersRead more

The COVID-19 pandemic has forced people to confront their mortality, and their health care directives, in a more serious way than they ever have before. The serious health outcomes associated with the virus can include life-threatening respiratory conditions, long-term stays in hospitals and incapacitation. Given the threat the virus poses, there has never been aRead more

The COVID-19 pandemic understandably has people reviewing their estate plans – or in some cases, finally getting down to starting the estate planning process. It has become even more important for people planning their estate to do so in a way that will avoid probate. Now is the time to make sure you are takingRead more

MassHealth Home Services for Seniors If you live in Massachusetts, are eligible for MassHealth, and are age 60 or older (or under 60 with Alzheimer’s) there are many at-home health services you may be eligible for. They include nursing care, day care, housekeeping, meal preparation. These services can help seniors to live at home longerRead more

Many people have heard that they should avoid probate at all costs but have misconceptions about what that means. It’s true that going to probate court is not a fulfilling experience for most, and that estate taxes can be inevitable, but it is all a part of distributing property after a person dies. Having aRead more

No one particularly enjoys being a personal representative, also known as an executor. Even if you weren’t close to the deceased, it still can be a significant amount of paperwork and hassle. However, having a personal representative is a necessary part of property distribution. If you should find yourself in the position of probating aRead more

Determining Medicaid eligibility for long-term care comes with a significant income and asset cap. This can be difficult for those whose assets are too valuable yet they cannot afford expensive nursing home care on their own. Before you sell your house to pay the bills, consult an elder law and/or estate planning attorney. It isRead more

Rules for MassHealth nursing home eligibility are designed to help cover the costs of long-term care. The rules are notorious for being complicated, which can lead to misunderstandings about whether you qualify and for how much coverage. Countable Assets There is a limit on “countable” assets—that is, the assets that count against your MassHealth eligibility.Read more

Protect assets from bankruptcy, lawsuits or divorce. Estate planning is a way to protect your assets and preserve as much as possible for your end of life care and your beneficiaries. Estate planning can help to avoid paying a hefty estate tax if possible, provide for the care and custody of any minor child youRead more

If you’re 65 or over and female, you have a 52% chance of needing a nursing home stay in your future, whether briefly or perhaps for the rest of your life. Men have a 33% chance. Depending on your physical condition and financial situation, you may be able to qualify for MassHealth and Medicaid. MassachusettsRead more

Estate planning is a way to save taxes, prevent family disputes, take care of your dependents, and ensure that you will be cared for if you become incapacitated. Even if you don’t think of yourself as someone wealthy enough to qualify as having an estate, any property you have when you die will be subjectRead more

As you may know, estates in Massachusetts may be subject to an estate tax. The tax rate varies, starting at 0.8% and topping out at 16% for estates worth more than $1 million—even if the value is just a dollar or so over $1 million. In contrast, the federal government only taxes the amount overRead more

MassHealth is Massachusetts’ Medicaid offering, designed to help low-income residents get the medical care that they need. At some point in your life, you might find that you or a loved one needs the care of a full-time nursing facility. This can be a lengthy and arduous process, given the amount of forms and informationRead more

Conservators aren’t just for Britney Spears—they’re court-appointed when an individual is mentally or physically incapacitated, or when a minor needs assistance managing their property. Conservators oversee finances while guardians oversee their ward’s personal care. In fact, in Massachusetts, guardians are not allowed to manage their ward’s finances at all. (Other states allow the roles toRead more

It’s tempting to write your own will, especially if your estate is fairly straightforward. After all, it saves money and time. But what saves money now could end up turning out to be a very costly, time-consuming ordeal for beneficiaries.  Understand these common  problems and do your research before deciding a DIY will (do-it-yourself) isRead more

With the abundance of legal software and internet resources, more and more people are turning to writing their own wills. This can be a minefield and is often not foolproof, but if you have a fairly straightforward estate and your bequests aren’t complicated, writing your own will is an option. But how do you getRead more

Trusts aren’t just for the wealthy The majority of the population may never have considered it, but a trust is a great option for a lot more people than the top 1%. You might be able to get by with a simple will but having a smaller estate shouldn’t rule trusts out completely. Here areRead more

It can be tough when you face the moment where you become responsible for your parents—but it may  happen. It’s smart to plan for that before illness renders your parents incapable of handling their own finances. Aging parents may find it hard to believe they are no longer fully capable of running their own lives,Read more

The fact of your looming mortality isn’t exactly light-hearted dinner conversation, but as the saying goes, death and taxes are the only two certainties in life. Do your loved ones know how you want your funeral handled—or if you want one at all? If you care what happens to your body and how you’re remembered,Read more

The average cost of a nursing home ranges from $50,000 per year up to $92,000 per year (for a private room), which is simply out of reach for many older Americans. In Massachusetts the number can exceed $150,000 annually.  That can deplete your resources quickly, and no one wants to see their life’s savings disappearRead more

The best New Year’s resolution for 2020 may be to protect your family and loved ones by reviewing your estate plan. Being prepared for the unexpected can help everyone during a time of stress and emotion. The below checklist can get you started. Baker Law Group can help ensure your plan meets your wishes —Read more

Use your Estate to gift money, property or personal loans When your estate tax liability is too high for your personal preferences or needs, you may want to consider gifting your assets. With some strategic planning and advice from an estate planning lawyer, gifting assets to others may reduce your tax liability and keep youRead more

Taking on the role of estate personal representative or executor is an important and often emotionally fraught task: you’ll be responsible for managing the deceased’s entire estate. Mishandling the estate administration can result in liability to the estate or its beneficiaries. This article helps you to know what you’re likely to encounter before you acceptRead more

When you’re looking into applying for MassHealth (Medicaid), you should consider seeking an attorney for professional assistance. MassHealth has strict asset limits and making even minor mistakes can lead to long disqualification periods. Sometimes, all you’ll need is help gathering documents and filling out the forms, but for some, this will require wealth transfers. WhenRead more

A handwritten will may (1) have it’s validity challenged, (2) increase the cost to an estate, and (3) result in the distribution of assets in a manner that was not intended. Consider if saving on legal fees would be worth the drawbacks of having a handwritten will. In Massachusetts, if you are over 18 andRead more

Longer lives don’t always mean healthy lives; according to the Alzheimer’s Association, about half of people who live past age 85 will suffer from some form of dementia. Watching a loved one lose their language, reasoning abilities and memories is tragic, which makes it important for them to have an estate plan. When you’re caringRead more

No one wants to think about the end of life, but everyone should put their end-of-life wishes into writing. Making an estate plan isn’t just for the wealthy and it is not limited to a last will and testament. It can prevent unpleasant family disputes, take care of your dependents, and can ensure that you’llRead more

When a loved one passes away, it’s difficult enough without having to sort out emotionally fraught estate issues. Plus, there are laws that govern the transfer of property which can make everything more complicated while you just need to grieve. It’s best to plan ahead so that you and your loved ones never have toRead more