Probate
Although avoiding probate is often a desirable goal, it is not always possible even with the best planning. The probate and estate planning attorneys at Samuel, Sayward & Baler LLC recently represented a client from Newton, Massachusetts who was the executrix of her mother's Will. Even though her mother had created a Revocable Living Trust and taken other steps to have her assets avoid probate, her mother was the beneficiary of an aunt's estate and the aunt had died just 4 months prior to the mother and her estate was not yet settled. The mother's estate was entitled to receive all of the assets from the aunt's estate, but both had to be probated in order for that to happen. The lawyers at Samuel, Sayward & Baler LLC were able to assist our client through the probate process in a timely and efficient manner.
Powers of Attorney
A Durable Power of Attorney is an essential estate planning document and can save families an enormous amount of time, money and aggravation when a loved becomes ill or has an accident. The estate planning lawyers at Samuel, Sayward & Baler LLC were recently contacted by a client from Norwood, Massachusetts whose husband was going to be admitted to a nursing home. The nursing home was insisting that she be appointed as the legal guardian of her husband, a costly and time consuming process. In fact, this couple had created Durable Powers of Attorney as part of the estate planning they had done with Samuel, Sayward & Baler LLC several years earlier and we were able to persuade the nursing home that the Power of Attorney was all that was needed.
Blended Families
It is a fact of life today that many families are made up of 'steps' – step-parents, step-children, even step-grandparents. Planning for the blended families requires an extra level of sensitivity and sometimes creativity. The estate planning lawyers at Samuel, Sayward & Baler LLC have worked successfully with many such clients from all over the metro-Boston area. Some of the issues which we have helped clients address include working with large retirement accounts, dealing with a beloved vacation home, and paying estate taxes. We recently worked with a couple from Dedham, Massachusetts, who wanted to make sure that the survivor of them be well taken care of at the death of the first member of the couple, but that at the death of the survivor of them, their assets would be distributed to their children in accordance with their wishes. The estate planning attorneys at Samuel, Sayward & Baler LLC created a plan for this couple that would carry out their wishes.
Nursing Home Care Costs
There is no doubt about the fact that a nursing home costs a lot of money – about $10,000 per month in Massachusetts. However, Massachusetts law protects the spouse of a nursing home resident from having to impoverish herself to pay for her spouse's nursing home care. Earlier this year, the elder law lawyers at Samuel, Sayward & Baler LLC helped a woman from Westwood, MA whose husband had to go into a nursing home due to advanced Alzheimer's disease. She had been told that she would need to spend her assets down to $2,000 by paying for her husband's nursing home care before he would be eligible for Medicaid to pay for his care. The elder law attorneys at Samuel, Sayward & Baler LLC were able to assist this woman so that her husband became MassHealth (Medicaid) eligible immediately and she was able to retain her home and other assets.
Applying for Medicaid
The process of applying for Medicaid benefits to pay for long term nursing home care costs can be extremely trying and difficult. In Massachusetts, some nursing facilities direct families of residents to certain individuals or companies for free assistance with the MassHealth application. Beware of such 'free' assistance. Such services often receive payment from the nursing home and owe their allegiance to the facility not to MassHealth applicant. When you hire an attorney to represent you in connection with a MassHealth application you are engaging an advocate to represent your interests. At Samuel, Sayward & Baler LLC, our elder law attorneys have helped many families from all over the metro-Boston area including Dedham, Norwood, Westwood, Newton, Canton, Walpole and West Roxbury, successfully obtain long-term care Medicaid benefits from MassHealth for nursing home care costs while preserving family assets.
Wills
All people over the age of 18 years should have a Will directing how their assets are to be distributed at death. A Will is especially important for parents of minor children. The estate planning attorneys at Samuel, Sayward & Baler LLC recently represented a young mother from West Roxbury, Massachusetts, who was suffering from a serious illness and wanted to ensure proper guardianship for her child at her death. Creating a Will in which she designated the people who would take care of her daughter gave this woman peace of mind during a very difficult time.
Estate Tax Planning
Recent changes in the federal estate tax laws mean that most estates will not be subject to federal estate tax (the so-called 'death tax') but estates in excess of $3.5 million are still liable for the tax. In addition, Massachusetts imposes a tax on estates in excess of $1 million. For families with taxable estates, planning to reduce or eliminate the estate tax liability is a key element of their estate plan. The estate tax planning attorneys at Samuel, Sayward & Baler LLC are knowledgeable about estate tax planning and have helped many couples and single individuals living in the metro-Boston area, including Westwood, Needham, Newton, Dedham, Norwood, West Roxbury and Walpole significantly reduce the estate tax liability that their families would otherwise have borne. Recent estate tax savings achieved by clients of Samuel, Sayward & Baler LLC range from $47,000 to $600,000!
