Estate Planning & Asset Protection in Massachusetts - helping people, one family at a time...

Why worry?

2012-01-18T15:12:00.000-05:00

Dear Friends, Clients and Colleagues:

So many clients say that they feel a great sense of relief after completing their estate plans. Estate planning is one of those tasks that people think to themselves, "I' ll do it before the end of the year," or "I'll get around to it after taxes," etc. It becomes lost in a list of everyday priorities that include working, managing your life, paying taxes, and dealing with life's unexpected events.

Speaking of unexpected events, here are some common problems that can become big issues if you've not done proper planning:

If you've remarried, your prior will is revoked by law, unless your wrote it in contemplation of this new marriage.

If you've divorced, you'll need to update beneficiary designations on retirement accounts and insurance policies, otherwise your former spouse may be dancing to the bank!

If you've married and have children from a previous marriage/relationship, you need to write a trust or will, otherwise ALL of your assets will pass to your new spouse, under the new Uniform Probate Code. Thus, you can accidentally disinherit your kids by failing to plan.

If you've accumulated significant assets, or have inherited a large sum recently, you may need to do some Estate Tax Planning. Estates over $1 million are taxable in Massachusetts, and will be taxable by the Federal government in 2013, at a rate of 55%.

If you become incapacitated for a time, maybe due to complications from surgery or a sudden illness, who can access your checking account to pay your bills, renew insurance polices, enroll your kids in school, or make payroll, if you're a business owner? Without a Durable Power of Attorney, no one is entitled to act on your behalf, unless they go to Probate Court and establish a costly, lengthy & public Conservatorship action.

Also, who could make medical decisions on your behalf if you were incapacitated? Too often, children argue over treatment options, and this is a burden they shouldn't carry when they're already emotionally upset. A comprehensive Health Care Proxy takes care of that problem.

If you're unmarried, but living with a partner, can your family kick them out of your home if you die? This issue is so relevant today, with so many unmarried couples living together, and gay couples who have no rights under Federal law. Special planning is needed to protect loved ones.

Last, if you or a family member might need Long-Term Care (assisted living, nursing home care, etc.) then you should look into planning early, to protect your assets.

I see families in crises all the time. Don't let life catch you unprepared; plan now, not next month or next year. You'll rest easy knowing you've protected your loved ones. No worries!

Best regards & Happy New Year!

Denise Kent
www.denisekentlaw.com

To comply with the U.S. Treasury regulations, we must inform you that (i) any U.S. federal tax advice contained in this newsletter was not intended or written to be used, and cannot be used, by any person for the purpose of avoiding U.S. federal tax penalties that may be imposed on such person and (ii) each taxpayer should seek advice from their tax advisor based on the taxpayer's particular circumstances.

Estate Planning for Same-Sex Couples & Unmarried Partners

2012-01-17T11:09:00.001-05:00

Here's a link to a short video clip that I posted: http://youtu.be/I5Atp5dJQNI
Regarding this important topic.

Same-sex couples and unmarried partners are confronted with many legal uncertainties due to the varying degrees of protection afforded them by the federal and state governments. Changes in state and federal law create a patchwork of protection for these couples.

Comprehensive planning is essential to protect inheritance rights, property distribution, and medical and final arrangement decisions. Tax planning and retitling are necessary to avoid unintended consequences.

My objective is to draft documents to protect inheritance rights, property distribution, and medical and final arrangement decisions of same-sex and unmarried couples;

To optimize the planning for inheritance rights for same-sex couples and unmarried couples whose relationships are not recognized by state and federal governments; and

To utilize tax-planning strategies to alleviate disparate tax treatment for same-sex couples and unmarried partners

Please feel free to contact me to arrange for a confidential, no-obligation consultation. Protect your loved ones and enjoy peace of mind!

What kinds of matters do we handle in a practice focused on Estate Planning, Probate and Elder Law?

2011-11-29T09:38:00.000-05:00

1. Estate planning, including more advanced tax planning issues for estates subject to Federal or State estate taxation;

2. Asset protection planning, including implementation of asset-protection trusts, in conjunction with structuring of business entities, such as LLC’s.

3. Long-term care planning, including advice regarding long-term care insurance and the availability of Medicaid;

4. Guardianship of the person and conservatorship of the estate;

5. Probate (or other procedures required on a person’s death), including will contests, and trust administrations;

6. Planning and implementation of “living wills” and other advance directives and health care rights;

7. Planning for the care of physically or mentally disabled children and adults, including special needs trusts;

8. Counseling on availability of Veteran’s Benefits, and prosecuting such claims as necessary;

9. Dissolution of marriage where one spouse is physically or mentally disabled;

10. Elder abuse and exploitation.

Planning for "Never"

2011-11-14T14:02:00.000-05:00

I am Suzanne Benfield, an attorney here at the Denise Kent Law Group and I especially enjoy helping out families with young children (like myself). Most people say to me, “Oh, I have a will. I’m all set.” Mmmmmm, no. Not quite. Not even close.

Unfortunately, we have to think of the worst case scenario. I have an acquaintance whose parents were killed simultaneously in an auto accident in upstate New York several years ago (really). The only good thing about it was that their children were grown adults, married and self-sufficient at the time of their death.

But what if the kids were young and at home with a babysitter while you and your spouse were driving to a local restaurant on a “date night” and the same turn of events occurred? Who would take care of and raise your kids in your absence? Not only should you consider who you would want to take care of your kids, but who would physically be able to take care of your kids? Further, how would that person/persons provide for your kids for day-to-day financial needs, as well as health insurance and college?

It’s really hard to imagine this scenario for yourself. Trust me, I know. Even though I am a lawyer, I didn’t have an estate plan in place for some time after my kids were born. More than imagining me not being alive, it was harder to imagine my young and vulnerable kids without me or my spouse. The good thing about this is that statistically, it is highly unlikely that both you and your spouse will be taken out simultaneously. But, we should plan for the worst case, so that no one else does it for you.
So, what to do? If you are like me, you don’t have a whole lot of assets…a house with a mortgage, a couple of cars, a retirement account, some cash accounts and maybe some other small investments. Will that, all together, support your kids in the event you die or can’t work due to disability? Probably not. So, I have life insurance whose proceeds will dump into a trust for the benefit of my spouse and kids. (Well, it’s a little more complicated than that, but that’s the jist of it.)

What happens if you don’t do estate planning? Should something happen to you and/or your spouse, a judge (who doesn’t know you or your family) will decide the fate of your children. And, the proceedings will be public. I can’t urge you enough to take the time to think about doing estate planning sooner rather than later so that in the unlikely event something does happen, things go smoothly and seamlessly for your children at an already very difficult emotional time.

We provide solutions to these problems. Please feel free to contact us at Denise Kent Law Group, where we enjoy helping people, one family at a time.

Pet Trusts

2011-10-12T10:11:00.000-04:00

Who will be your pet's guardian when you are not there? Providing loving care to your pet is a lifelong commitment. In light of recent legislation that allows use of pet trusts in Massachusetts, I have been drafting estate plans in which clients have provided for their pets.

The History of Estate Planning and Pets
• The concept is based on English common law, and was not introduced into the American legal system until the last century. In 1923, the Kentucky Supreme Court considered this issue and held that a bequest to a trust for a pet was valid, under a law that allowed gifts for humane purposes.
• Most states have now adopted pet trust statutes.
• In Massachusetts, M.G.L c.430 is An Act Relative to Trusts for the Care of Animals. It was enacted January 7, 2011, and covers trusts set up for the care of your pets after your death.

Taxes and Pet Planning
• The IRS does not yet recognize a trust whose beneficiary is an animal, but still requires that such entities are taxed under Section 641, as a trust!
• Presently, we cannot enjoy any income tax or estate tax deduction for gifts to a charitable trust when the non-charitable trust distributions are solely for the benefit of an animal.

Plan now: All too often, animal shelters and animal rescue organizations find that the incapacity or death of an owner results in abandonment, surrender or the inability to care for a pet. Here at Denise Kent Law Group, we respect your wishes and recognize the importance of pets as family members.

We look forward to helping you take care of your dependents.

Denise Kent Law Group joins ElderCounsel & WealthCounsel

2011-09-29T13:55:00.000-04:00

PRESS RELEASE:

Denise Kent of the Denise Kent Law Group is pleased to announce her affiliation with WealthCounsel LLC – a nationwide collaboration of trusts and estate attorneys and other legal, tax and business professionals, and also with
ElderCounsel LLC, a collaboration of Elder Law attorneys. As a member, Kent contributes to and draws on
the knowledge and expertise of thousands of her colleagues.

Attorney Kent said that she joined WealthCounsel in order to offer clients the most up-to-date estate planning strategies, and joined ElderCounsel in order to provide the most sophisticated solutions to issues facing the elderly and disabled. Using their resources, clients are assisted with cutting-edge planning techniques executed in documents that are comprehensive, flexible and easy-to-read.

WealthCounsel and ElderCounsel members contribute to the ongoing development of practice systems through web-based discussion groups, study groups and continuing education courses. This year's curriculum offering include such topics as, "Power of the Lifetime QTIP", "Using LLC
to Protect Family Assets", "Trustee Selection for Irrevocable Trusts" and “Medicaid Immersion”.

WealthCounsel systems were recently praised during the 45th annual Philip E. Heckerling Institute on Estate Planning hosted by the University of Miami School of Law.

Kent is pleased to bring such quality to her practice, and
looks forward to utilizing colleagues and resources to deliver technically up-to-date peer-reviewed documents, advice and counsel for clients.

Denise Kent founded the Denise Kent Law Group in 2008, and practices together with her associate, attorney Suzanne Benfield. Their practice areas include Estate Planning, Probate & Estate Administration, and Elder Law, as well as certain Family Law services, such as Divorce Mediation. Key services include Medicaid Planning
and Special Needs Trusts.

Kent is a graduate of Gordon College and Mass School of Law and is licensed to practice in Massachusetts and the U.S. District Courts of Massachusetts. In additon, she earned a Certificate in Trust and Estate Planning, from The Foundation for Continuing Legal Education, Inc., Wenham, MA

To learn more about the firm, visit www.denisekentlaw.com

SOURCE Denise Kent Law Group

Elder Law and How I Help

2011-09-15T12:09:00.000-04:00

I practice Elder Law, which, in general, means that I assist elderly and/or disabled people find the help and the resources to live as independently as possible, with respect and dignity. Long-term care can be devastating to a person’s lifestyle, finances and security. It drastically alters or completely eliminates the three principal retirement dreams of elderly Americans, which are:
1. Remaining independent in the home without intervention from others
2. Maintaining good health and receiving adequate health care
3. Having enough money for everyday needs and not outliving assets and income
Have you considered the following:
What do you want your children or friends to do on your behalf?
When it comes time for them to help, what if you can't say what you want because of a physical or mental disability? This is where a written estate plan comes into effect.

Do you have a financial plan or long term care insurance? Retirement savings can disappear quickly when used for care services.

What types of care services and facilities are available and what are the costs?

What will government programs pay for and how do you qualify?

When you make directives, assignments and arrangements in advance of needing elder care, then everyone involved can follow the prearranged care plan. In a best-case scenario, an individual has made financial, legal and personal long term care plans years before. Without such planning, families often find themselves in crisis where time, money and lifestyle are sacrificed, and caregivers suffer both emotionally and medically themselves.
There are a lot of new services and programs available to draw from, and it’s my pleasure to work with families and assist them in navigating the maze of pressing health care and financial needs.
Sincerely,
Denise Kent
“Helping people, one family at a time.”

The 2011 Budget Control Act and How it Affects My Clients

2011-08-03T12:16:00.000-04:00

What follows is a VERY brief summary of the key issues that concern me and my clients, and ultimately, all of us.

The 2011 Budget Control Act established an agreed-upon deficit-reduction amount, but largely leaves specifics out. It is therefore difficult to know for certain what changes we will be looking at, but we do know that the Act puts major tax changes under consideration, and possibly social programs as well.

Personal income tax deductions/credits, and business deductions are back on the table for review by the special joint committee. Also, certain health programs (long-term care insurance & disability) that were slated to begin in 2012 may be abolished, if the committee follows the recommendations proposed by the "gang of six." Results: once again, such safety-nets as LTC and disability insurance will remain largely unaffordable for most Americans.

Additionally, the existing federal estate tax exemption, together with associated tax cuts that were enacted in December, 2010, are still slated to sunset on December 31, 2012, returning to exemption levels of $1 million, and a tax rate of 55%. Pair that with the proposed elimination of state tax credits, and you get a potentially horrific estate tax burden. Results: Many unsuspecting Massachusetts residents could be subject to both the Massachusetts (16-20%) AND Federal Estate Tax (55%) burdens, which could confiscate over 70% of gross estate, if they have not done proper estate planning!

I'll be watching carefully, because any changes in tax laws or health care reform programs need to be taken into consideration for estate planning, long-term care planning, and business entity formation/asset protection planning.

Estate Planning for Same-Sex Couples & Unmarried Life Partners

2011-07-08T15:21:00.000-04:00

Same-sex couples and unmarried partners are confronted with many legal uncertainties due to the varying degrees of protection afforded them by the federal and state governments. Changes in state and federal law create a patchwork of protection for these couples.

Comprehensive planning is essential to protect inheritance rights, property distribution, and medical and final arrangement decisions. Tax planning and retitling are necessary to avoid unintended consequences.

Bodies of Law that affect unmarried but committed individuals:
 Probate Laws
 Domestic Relations Laws
 Disability Laws
 Tax Laws
What Benefits does marriage (as recognized by the federal government) confer?
 Property Rights
 Tenancy by the Entireties
 Homestead
 Corporate Benefits
 Pensions and Social Security
 Divorce
 Inheritance Rights
 Spousal Elective Share
 Probate Preferences
 Taxes

 Other Rights Include Legal Standing in Personal Injury Cases
 Loss of Consortium
 Intentional Infliction of Emotional Distress/Wrongful Death
 Other Rights
 Spousal Privileges (Testimony & Communication)
 Family Medical Leave Act
 Health Care Rules/Guardianship
 Premarital Agreements
 Adoption

What tools do I employ, as an Estate Planning Attorney?
 Life Alliance Agreements - non-marital agreement between unmarried persons
 Estate Planning Strategies
 Comprehensive Will package
 Comprehensive Trust package
Until the laws change, it’s important to plan accordingly so that your loved ones will be protected, and your wishes carried out.

Planning and Paying for Long-term care

2011-06-29T14:56:00.001-04:00

Do you know someone who has spent time in a nursing home? It is one of those situations where we feel “It could never happen to me.” But studies show that approximately two (2) out of every five (5) people reaching age 65 will need some type of long-term care. Are you one of the many people who would prefer to stay at home no matter what the cost? Without proper planning, the lack of available services and the staggering price-tag may leave you with few alternatives.

In Massachusetts, the annual cost of nursing home care ranges from approximately $90,000.00 to over $100,000.00, and it is climbing each year! That is approximately $300.00, per day. If you choose to stay at home, where most of us would prefer to be, and hire home health aides, the cost of your care could be even more. Home health care costs vary widely, but agencies charge anywhere from $18 to $30 per hour for home health aides. In some cases, people pay over $200,000 per year for 24 hour-a-day home care. What many people fail to realize is that their health insurance and Medicare will not cover the cost of long-term care, whether at home, in assisted living or in a nursing facility. Paying for long-term care is a personal responsibility which has become a primary concern for all age groups across our state and the nation.

Within the past year, reform of Medicare, Social Security and Medicaid has risen to the top of the government’s agenda. It is thus imperative that seniors, those approaching retirement age, and the families of those needing long-term care take advantage of the planning opportunities that exist today. Everyone's situation is unique, and it is impossible to discuss all of the planning opportunities in this seminar. As with any planning, a good way to begin is to seek competent advice from a qualified professional. At Denise Kent Law Group, we are dedicated to helping you find solutions to your long-term care concerns.

For more information, join us at our next Long-Term Care /Asset Protection Seminar:

Wednesday, September 14th, at 1PM, at the Ipswich Council on Aging, 25 Green Street in Ipswich, MA.

Medicaid Planning / Long-Term Care Planning Seminar

2011-06-08T17:09:00.001-04:00

I’m pleased to announce the next presentation in our seminar series, Long-Term Care Planning. This topic is of special concern to elderly and disabled persons, who may be facing such issues right now, or who fear impoverishment if they become unable to live independently.
This seminar will focus on the topic of long-term care planning and asset protection. We will discuss the costs related to care at home, in assisted living, and in skilled nursing facilities. We will discuss options for maximizing resources in order to pay for such care as needed, and the role that Medicaid plays when a person’s resources fall short.

What can you do to protect your assets? Come join us to find out!
There is ample free parking on-site, and refreshments will be served.

Warm regards,
Denise M. Kent

Date: Wednesday, June 29, 2011
Time: 10:00 AM
Place:
Salem Council on Aging
5 Broad Street
Salem, MA 01970

Register by phone at (978) 468-9000 or online, at the following link:

Spring & Summer 2011 Seminar Series

2011-03-03T09:00:00.002-05:00

Topic: Estate Planning Bootcamp: Muscle up on your knowledge on estate planning!

When: Thursday, March 24th, 2011 at 12:45PM

Where: Ipswich Council on Aging, 25 Green Street, Ipswich MA

and

Topic: Medicaid Planning: How to Protect Your Assets

When: Wednesday, June 29th, 2011 at 10:00AM

Where: Salem Council on Aging, 5 Broad Street, Salem MA

Fall, 2010 Seminar Schedule

2010-09-02T17:27:00.002-04:00

The following seminars are offered at no charge; however, pre-registration is recommended, as space fills up quickly. To pre-register, please email Suzanne.Benfield@comcast.net

Topic: Caregiver Burnout

Date / Time: Thursday, October 14th . Dinner at 5:30PM, followed by lecture from 6:00-7:00 PM (you don’t need to have dinner to attend the event).

Place: The Atrium, 1 Veronica Drive, Danvers, MA
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Topic: Basic Estate Planning

Date / Time: Wednesday, November 3rd, at10:00 AM.

Place: Salem Council on Aging, 5 Broad St., Salem, MA
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Topic: How to Avoid Probate

Date / Time: Wednesday, November 10th, at10:00 AM. Light refreshments will be served.

Place: Ipswich Council on Aging, 25 Green St., Ipswich MA
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** If my schedule allows, I will be adding an additional seminar on the popular topic : Medicaid Planning- How to Protect Your Assets.

We're Growing!

2010-08-03T10:17:00.003-04:00

I am very pleased to announce to announce that Attorney Suzanne Benfield has joined the law firm as Associate.
She will practice in the areas of Family Law and Wills, Estates and Trusts.

Admitted to the Massachusetts bar in 1998, Attorney Benfield previously worked in the area of corporate compliance in the insurance industry.

Suzanne lives on the North Shore and is married with two children. While raising her children, she volunteered at the Jeanne Greiger Crisis Center in Newburyport as a Court Advocate and for her local municipality in various capacities. She is currently a member of her town’s Planning Board.

I am happy to have such a dedicated and compassionate colleague join me in the practice. Suzanne understands the challenges and stressors facing today's families, particularly as they relate to Family Law and Elder issues. She will undoubtedly be an asset to the firm, and a trusted advisor to our clients.

Welcome, Suzanne!

Do The Math...

2010-07-20T09:16:00.002-04:00

Will + Marriage or Divorce = Catastrophe!

Did you know?

1. If you write a will and then get married, your will is effectively revoked by operation of law in Massachusetts, unless you write it specifically with the upcoming marriage in mind.

2. Divorce or annulment has the effect of invalidating any bequests to the former spouse, causing property to pass as if that former spouse predeceased you.

Sounds good, but this makes it possible for minor children to inherit all of a parent’s assets, without oversight or restraint. That’s okay, your teenagers will appreciate having all that money left to them, and I’m sure they’ll use it responsibly!

I once worked on a case in which a man died, and his wife sued his estate.
Why?
She was his second wife.
He had not provided for her in a new will, and had in fact left trusts for the benefit of only his children. Under Massachusetts Law, his wife was entitled to a share, and sued the estate the claim it.
This sort of thing causes all sorts of bad blood between family members, and I can’t imagine that the husband would have wanted his wife and his children, their stepmother, to be fighting over his assets.

It’s important to take a look at your estate plan (you do have one, right?) whenever there is a major life event, such as birth, marriage, separation, divorce, death, or major illness that could require long term care, etc.

Plan for yourself, or the courts will be happy to do it for you!

This Little Piggy...

2010-06-02T13:01:00.001-04:00

A True Story:

I presented a seminar a couple of years ago, which was attended by a middle-aged couple, among several others.
- It was a second marriage for both of them.
- The husband had adult children from his previous marriage; the wife had no children of her own.
- Neither of them had an estate plan.

The wife asked me, "What if I die? What happens to my assets"?
I answered that, pursuant to Massachusetts laws of intestacy (where one dies without a will), her husband would inherit everything, and after his death, his children would inherit the whole of their combined estates, if he remained single and did no planning.

She was outraged! She wanted her assets to go to her nieces and nephews. I explained that she needed to express this legally with a will or a trust or other such planning, for example:
by adding her nieces and nephews as joint owners of assets or pay-on-death beneficiaries of assets; naming them as beneficiaries of life insurance or retirement plans (when possible), etc.

Instead, this is the result- her blood relatives would inherit nothing from her estate.

She failed to plan and so: Her little piggy goes all the way to her unintended beneficiary!

Alzheimer's Families - Mine is one of them.

2010-05-04T10:18:00.001-04:00

This post is a different one than my usual. Instead of offering some basic information on estate planning or family law, I wanted to share my own family's experience with Alzheimer's disease.

My grandfather was diagnosed about 6 ½ years ago, but I suspect that he was living with the disease for a couple of years before that, maybe after my grandmother died. We noticed that he started having trouble with numbers, which can be an early sign of the disease. He couldn't seem to make sense of his household bills, and could no longer manage his checkbook.

My dad took over the bill-paying tasks for him, and eventually we had to pull Papa's driver's license. This decision was preceded by much argument in the family, because it meant that Papa would lose his autonomy. Eventually, Dad became Papa's caretaker, a huge responsibility, and one that not every family can or should try to manage.

There has been much sorrow in seeing Papa struggle with confusion and disorientation and realizing that he has entirely forgotten my grandmother, with whom he shared over 60 years of marriage; but he remains cheerful in attitude, and rarely forgets his every day family members, which has been a blessing to us. There have also been some funny moments, such as when Papa was discovered vacuuming the lawn. He told the neighbor it needed a little trim!

My Dad has coped with his enormous responsibility with assistance from several agencies, including his local Elder Services agency, and a caregiver support group. Dad and Papa got by for five years with some subsidized home care services and a couple of days a week of elder day care, and we have recently investigated assisted living centers and nursing homes. That time has come.

Alzheimer's disease is not a normal part of aging, but there are many people living with this disease, and many families struggling to deal with it. I think I am now better able to understand the needs of, for lack of a better term, "Alzheimer's Families". These families will need to find competent and compassionate medical and legal help, and perhaps some form of emotional support.

Our family has found tremendous stress, but also tremendous support. To quote a Burmese proverb, "In time of test, family is best" (whether that family is made up of blood relatives or beloved friends), but I have learned that a family can't go it alone with this disease. Reach out; get the help and support that is needed.

Wills of the Rich and Famous!

2010-04-12T16:01:00.003-04:00

Spring is here, and so is tax season, so thought I would keep this post short and breezy. Let’s talk about some famous and interesting wills from famous and interesting dead people, shall we?

FYI: Wills are public records. By design they must always be filed (proved) in probate to be effective, which allows anyone interested to read them. Trusts, on the other hand, are generally private documents. They are usually not subject to public view or court review.

From William Shakespeare’s will, some interesting language and an even more interesting bequest:
Item I gyve unto my wief my second best bed with the furniture; Item I gyve and bequeath to my saied daughter Judith my broad silver gilt bole. Question: Why does his wife get the second-best bed?

Leona Helmsley disinherited two of her grandchildren and left $12 million to her dog, aptly named “Trouble”. This kind of bequest is sure to cause trouble and invites a will challenge, and in her case it certainly did!

Warren Burger, Former Chief Justice of the U.S. Supreme Court, wrote his own will. He failed to include certain important clauses, such as those giving the executors rights to sell real estate, or pay debts and administrative expenses, forcing his estate to spend time and money in probate court to cure the poorly-drafted will. Moral: Even if you are the former Chief Justice of the Supreme Court, don’t draft your own will, because you don’t know what you don’t know!

Elvis Presley incorporated trust provisions in his will (called a testamentary trust) in which he specifically provided for his daughter, his grandmother, and his father as beneficiaries. While this is not an unusual practice, it has the effect of making the trust provisions public, and subject to the oversight of the probate court. For these reasons, people often choose to write wills in which all of their probate property “pours” into an existing separate trust, and is managed privately from that instrument.

I hope you enjoyed this will trivia. Have a wonderful week!

Medicaid / Long-Term Care Planning

2009-11-05T13:11:00.002-05:00

When people are faced with the possibility of nursing home care, they usually fear losing their home to Medicaid estate recovery. There are many tools and strategies that an elder law attorney can employ to preserve the home and other assets of people facing long-term skilled nursing care.

Such tools may include:
• Asset transfers
• Irrevocable Trusts
• Life Estates
• Annuities
• Spending down of assets, including:
o prepaying funeral expenses,
o paying off a mortgage,
o making repairs to a home,
o replacing an old automobile,
o updating home furnishings,
o paying for more care at home, or even
o buying a new home.

Do you need an attorney for long-term care planning? This depends on your situation, but in most cases, the prudent answer would be "yes." There are very particular regulations and penalties to be avoided, and complex financial considerations. There may be a particular rule that applies in your case or some recent changes in the law. In addition, by the time you're applying for Medicaid, you may have missed out on significant planning opportunities.

If you are going to consult with a qualified professional, the sooner the better. If you wait, it may be too late to take some steps available to preserve your assets.

**This is only for advertising purposes. It does not create an attorney client relationship. It only provides general information and is not legal advice. Every case is different; you should contact an attorney to discuss your specific situation.

Where Should I Store My Will?

2009-10-05T14:29:00.002-04:00

Once your will is properly signed and witnessed, you need to store it in a safe place. This location is largely a personal choice, but in every instance, be certain that your executor knows of your chosen storage location, and has access to that location. There are several options, each having some advantages and disadvantages. Consider the following choices, in no particular order of preference:

1. Your own personal fireproof home safe- Your executor will need ready access to the safe, by combination or key, or both.
2. Safe deposit box- Make sure your state law does not require banks to seal the box upon death, and consider who else has access to that box. Be certain your survivors know of this location.
3. Leave it with your lawyer- Some law firms have vaults for such storage of wills and trusts, but some attorneys will not store your will, as they may have concerns about the propriety of this practice; specifically, the concern that a deceased client’s family may feel pressured to use that firm’s services in order to probate the will.
4. The probate court- For a nominal fee, your local probate court may file your will for safekeeping, and produce it only for your named executor, with proof of your death. Consider that this might not be optimal if you happen to move away and perhaps end up retiring in another state.
5. A trust company- If you name a trust company as your estate representative then that company will often hold your will for safekeeping.
** Note that in all cases it is imperative that your survivors be made aware of the location of your will, and that they must have ready access to that location.

In addition to a will, you should also have a Health Care Proxy and a Power of Attorney. Your original Health Care Proxy can be given directly to your chosen nominee, so that there will be no delay if you should become incapacitated. You should keep a copy for your own records.
The safekeeping of a Power of Attorney is a matter best discussed with your lawyer, as there are some serious considerations with this particular instrument. By design, Powers of Attorney are very powerful instruments, and there is always the concern that such a document could be abused in the wrong hands.
I hope that you found this article helpful. Please feel free to call me with your questions or concerns.

**This is only for advertising purposes. It does not create an attorney client relationship. It only provides general information and is not legal advice. Every case is different; you should contact an attorney to discuss your specific situation.

Aging Info Expo

2009-09-14T14:31:00.001-04:00

ANNOUNCING: AGING INFO EXPO
DATE: Saturday, October 3, 2009
TIME: 10 am – 2 pm
PLACE: Bessie Buker Elementary School
1 School Street
Wenham, MA 01984

Get information on many services, products, agencies and programs assisting elders in living as healthy and independent a lifestyle as possible. Speakers and vendors will provide information on Estate Planning, Money Management, Home Care, Nutrition, Nursing Home Advocacy, & Volunteer and Enrichment Opportunities.
Attorney Denise Kent will be available to chat informally with you and to offer some basic information on such issues as:

BASIC ESTATE PLANNING: Find out the various tools and strategies employed to create an effective estate plan, including wills, trusts, health care proxies, and powers of attorney, and discuss exactly what these instruments are designed to do.

LONG TERM CARE PLANNING: If you or a loved one may be facing the need for long term care, an estate planning attorney can implement a plan that will work to preserve the assets of the family and allow you greater control and dignity throughout a complex and often heart-wrenching process.

AVOIDING PROBATE: There are numerous strategies and tools available that can be employed to effectively plan your estate so as to avoid the costly and lengthy probate process altogether.

A complimentary lunch will be provided for those who pre-register. To pre-register, please call Trudy Reid, Wenham Council on Aging (978) 468-5529

Law Office of Denise M. Kent
254 Bay Rd.
Hamilton, MA 01982
TEL (978) 468-9000
FAX (978) 468-9008
www.denisekentlaw.com

Probating an Estate- what does it entail?

2009-08-10T15:43:00.004-04:00

What does it mean to "probate an estate"? In the Commonwealth of Massachusetts, the Probate and Family Court oversees the settlement of estates for deceased residents. Whether or not you die having left a will, your estate will be probated through this court system, provided you have left assets in your own name, and provided those assets exceed $15,000, excluding the value of your automobile.

An attorney experienced in probate practice will assist family members to:

- collect asset and debt information
- file timely tax returns (perhaps referring the preparation to appropriate tax professionals)
- file appropriate court documents
- obtain a license to sell real estate, if necessary or deemed prudent
- deal with creditors and insolvency
- obtain releases of the estate tax lien, where necessary
- prepare inventories of assets and file accounts with the court as necessary
- assist with proper distribution of the estate among beneficiaries

Probating an estate is often a lengthy process, by necessity, because the estate must usually remain "open" until at least a year has passed, to give creditors time to file liens for debts owed, and also to ensure that any state or federal tax obligations are satisfied.

An experienced probate attorney can make this lengthy process less stressful, particularly for family members who may already be carrying a heavy burden of grief.

* this information is accurate as to statutes and probate procedures in effect in the Commonwealth of Massachusetts as of August 10, 2009, the date of this publication, but is not legal advice, nor intended to be legal advice, and does not constitute an attorney-client relationship *

Child Support Modifications

2009-07-22T15:11:00.002-04:00

In Massachusetts, both parents are responsible for the support of their children, whether they are married, divorced, separated, or were never married to each other.

Child support represents a significant cash flow in or out of a household, and the economy has undoubtedly affected many families. Recently, I have assisted clients obtain changes (modifications) to their existing child support orders.

You or someone you know may be able to benefit from the new Massachusetts child support guidelines, which were effective on January 1, 2009. Under the new guidelines, existing child support orders cannot be modified for three years unless there is a material change in circumstances (for example, a significant change in financial circumstances) or a change in health insurance.

* However, the court has discretion to deviate from the new guidelines in other limited circumstances, for example, where a child has special needs or where a parent has extraordinary medical expenses.

Whether you are the payer or the recipient of child support, you might want to consult with me regarding the possibility of a change in your existing order of support, particularly if that order is more than three years old.

MEDICAID PLANNING - HOW TO PROTECT YOUR ASSETS

2009-06-18T11:37:00.004-04:00

Many people fear that they may end up in a nursing home, which means a great loss of personal autonomy and an enormous financial price. Monthly costs for skilled nursing care runs into thousands of dollars each month in my state of Massachusetts.

Most people end up paying for nursing home care out of their own pockets until they have exhausted their assets; this is where they become eligible for Medicaid assistance.

There are many tools and strategies that a planner can employ in order to ethically preserve assets and fund long term care needs, such as:
annuities, long-term care insurance, reverse mortgages, and the use of certain trusts.

If you or a loved one may be facing the need for long term care, it is best to seek guidance from an estate planning attorney and implement a plan that will work to preserve the assets of the family and allow you greater control and dignity throughout a complex and often heart-wrenching process.

Why YOU need a will:

2009-04-29T09:09:00.002-04:00

•Regardless of whether you want to avoid probate, you should have a will.
•A will directs who receives your estate when you die, and it appoints a personal representative, the executor, to make certain your wishes are carried out. If you have minor children, a will enables you to appoint a guardian for their care.

•In conjunction with a Will, Health Care Proxy and Durable Power of Attorney, (and a Living Will/Advance Directive and HIPAA just to be extra cautious), you can create a solid estate plan that will serve to avoid a full probate proceeding and provide for the event of your disability as well.

•Probate is the judicial process by which a will (or, in the case of intestacy, the estate of the decedent) is reviewed by the court, debts of the estate are paid, and final distributions are made to the heirs.

•The probate process is public; anyone can go into the probate court and view your will and all of the related probate filings, which is a reason why many people use pour-over wills in conjunction with living trusts, in order to avoid probate and keep their wishes private.

•Your estate, whether you leave a will or not, consists of all of the assets that were in YOUR NAME ALONE when you died; therefor, if you think that you can avoid probate of your estate by simply refraining from writing a will, you couldn't be more wrong!

The next in my Seminar Series

2009-04-17T10:21:00.002-04:00

FREE SEMINAR
DATE: SATURDAY, MAY 2, 2009
TIME: 10:30 AM
PLACE: LAW OFFICE OF DENISE M. KENT
254 BAY RD
HAMILTON MA
(ON ROUTE 1A, DIRECTLY ACROSS FROM THE HAMILTON PUBLIC SAFETY BUILDING)

You've Been Widowed... Now What?

What should one do after facing the initial shock of being widowed? There are many legal and financial considerations that need to be addressed. We will discuss how to navigate the confusing maze of probate, taxes, government benefits and more.

Learn what to do in order to best secure your financial future and to ensure that your family is protected from the consequences of failing to plan for your own estate. This Seminar is free and is intended to help answer common questions and issues faced by the newly widowed. If you or someone you know could benefit from this informal discussion, please join us.

Space is limited, RSVP: (978) 468-9000

My spouse died, what do I do now?

2009-03-31T14:31:00.002-04:00

You’ve been widowed... now what?
This post discusses common issues and challenges faced by newly widowed persons, and answers a question that was recently asked of me at a Seminar I had presented, “How to Avoid Probate”.

There are many legal and financial considerations that need to be addressed by a recent widow(er). After the initial shock and grief have been absorbed, a person can be left feeling confused and unsure of what to do in order to best secure their financial future and to ensure that their family is protected from the consequences of failing to plan for their own estate.

So, what to do after your spouse dies?

I would advise that you consult a qualified estate planning attorney and a financial planner. Pull together your financial information; get acquainted with your current asset, income, and debt situation. This is particularly important if you were not the primary person to handle finances in the relationship. You will now be responsible for your own financial maintenance, and it is important that you are able to understand the nature and quality of your investments, and determine the best strategy for ensuring that you will be able to live comfortably within those means. Perhaps you need to downsize your home, or update your life insurance policy? A financial planner can assist you with these issues.

You should also consult an experienced probate & estate attorney to probate your spouse’s will, if he or she left one. You may also need to re-title certain assets, if they are in your former spouse’s name, collect life insurance policies on your own behalf, and consider whom you have named as beneficiary on your own life insurance policies or retirement plans. If your spouse is still your named beneficiary, then now is the time to change that designation. You may also be entitled to certain government benefits such as Survivor’s Benefits from the Social Security Administration, which has information here: http://www.ssa.gov/pubs/10084.html
or certain benefits that are payable to surviving spouses of Veterans. Those benefits can include such assistance as bereavement counseling, burial assistance, or death pensions. Specific information on Veteran’s Benefits can be found here:
http://www.vba.va.gov/bln/dependents/spouse.htm

You will also need to consider your own estate planning needs. Have you written a will? What would happen if you were to die? Have you taken steps to ensure that your final wishes are carried out, and that the people whom you want to take care of will in fact be protected?
If you fail to take steps ahead of time, then the assets that are in your name alone when you die will pass through the probate court, ensuring a costly, public, and lengthy administration. Because you now own all of your marital property, your estate may be quite large. If your estate is sufficiently large enough to reach the estate tax threshold ($1 million in Massachusetts, $3.5 million Federal, for deaths occurring in 2009) then you absolutely should consult an estate planning attorney, who can help you to minimize the tax bite.

An estate planning attorney will assess the best plan for you, reviewing such factors as your health, family particulars, assets, income, expenses & debts, and create an estate plan that best fits your specific needs and wishes.
Note that if you have children or grandchildren with special needs, or family members who may be subject to bankruptcy proceedings or a child who might be facing divorce, then you need to consider how best to plan for them. If you don’t plan ahead, it is likely that the people you want to protect won’t be so protected, and the people that you don’t want to reap the benefits of inheritance (creditors or ex-spouses) might enjoy a nice bite of your children’s inheritance. An attorney can help you wade through these issues and determine the plan that is right for YOU, whether that is a simple estate plan or a more sophisticated plan that includes a trust.
While all of these considerations may seem overwhelming, it is important that you get your affairs in order, and work with experienced professionals who will assist you. May you find peace and comfort in your memories, and joy in the journey still ahead.

*** The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact the office to arrange an appointment. Contacting Attorney Kent does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established.

Guardianship Changes (& how to avoid this proceeding!)

2009-03-12T12:25:00.005-04:00

What is a Guardianship action?

A guardianship is a legal right given to a person to be responsible for the food, health care, housing, and other necessities of a person deemed fully or partially incapable of providing these necessities for himself or herself. Sometimes the Guardianship encompasses both the right to make decisions on behalf of the incapacitated person and also to manage their financial affairs. This would be called Guardianship of the person and estate in Massachusetts.

Some Guardianships allow for extraordinary powers, such as the power to administer drugs, assent to medical procedures, or to commit a person involuntarily.

Guardians are held to the highest fiduciary standard, which means, in legal terms, that they must always act in the best interest of the ward. However, the probate court has lacked the mechanisms to control and prevent abuses of the Guardianship system until recently. This lack of control and lack of monitoring of Guardianships has led to some well-publicized and serious abuses of the system, wherein persons were stripped of their civil liberties and right to self-determination, or wherein their estates were looted by those Guardians to whom their money was entrusted.

The Massachusetts Uniform Probate Code was signed into law on January 15th, 2009, and the new Guardianship provisions become effective July 1, 2009.

The new changes are profound and will impact positively persons currently under Guardianship or possibly subject to future proceedings. Some of the more notable changes are;

* Limited Guardianships will be encouraged, so as to allow the incapacitated person as much personal freedom and self-determination as possible

* Guardianship control of the estate (a person's financial affairs) will be a separate and distinct proceeding

* Guardians seeking to admit an incapacitated person to a nursing home will now be required to obtain written findings by the court that such admission is in person's best interest

* Guardians will now be required to file annual reports on the capacity of person under Guardianship, whereas they previously only had to account for their management of money if they were Guardians of the estate.

* The probate court will now now mandate monitoring throughout the period of Guardianship

The net effect of these changes is a sweeping change that positively protects the rights and interest of individuals, and will very likely cut down the abuses that have existed in the previous system.

In sum, the MUPC offers many long-awaited positive changes to a flawed system. However, the more important point I need to make in summary is that most Guardianships can be avoided with pre-planning by means of a Durable Power of Attorney.

A Durable Power of Attorney is a seriously powerful tool, and yet it is often overlooked or misunderstood by people.

•A power of attorney is a document that allows you to appoint an individual to act as your agent (called an attorney-in-fact) should you ever become incapacitated, even if temporarily. You decide what powers your agent will have. For example: power to pay your bills, buy/sell property, make investments, run your business, etc.

•Benefits: allows you to avoid becoming the subject of a public, costly, and often embarrassing Guardianship proceeding, and allows your agent to act without delay.

•Drawbacks: The document is effective on signing; If you are uncomfortable with giving such power over to your agent immediately, you can give it in escrow to your attorney, to hold until such time as your physician deems you incapacitated. Obviously, give your physician a copy of the document.

I applaud the legislature for improving Guardianship law and practice. However, pre-planning so as to avoid such proceedings by having a Durable Power of Attorney in place in the event of your incapacity can avoid the cost, delay, and red-tape involved in a Guardianship proceeding.

Love is free... but divorce will cost you $20K

2009-02-13T10:12:00.003-05:00

Happy Valentine's Day (almost)!

I am reflecting on the fact that, in this past week, I have had 3 consults for divorce & divorce-related matters. I now have a couple of new clients, in an area from which I did not expect to see much work.

According to my latest newsletter from the Massachusetts Bar Association, divorce business is booming for practitioners, and yet miscellaneous articles in the mainstream media have been saying that "people cannot afford to get divorced" in this economy, and that Bankruptcy attorneys are the ones making a killing.

I have heard that financial difficulties or differences in handling finances are often the root of divorce. All I can say is, from my personal experience, people seem even likelier to split now, under the tremendous stress that this economy is causing. Even more likely, people will seek modifications of their existing alimony or child support payments, in order to survive the downturn.

This has been my first-hand experience, and I expect that my family law practice will probably continue to expand.

Somehow I feel a little guilty about being the grim reaper of love during this particular holiday!

How to Avoid Probate

2009-02-11T10:08:00.005-05:00

I have had several people mention that they could not attend my evening seminar last month, so I am repeating the seminar, this time scheduled for a Saturday morning, at my office (pictured here)

TOPIC: How to Avoid Probate
DATE: Saturday, 2/28/09 at 10:30am
PLACE: Law Office of Denise M. Kent, 254 Bay Rd (Rte 1A)
Hamilton, MA 01982

This seminar will address many common questions regarding the probate process, and the various tools and strategies employed to create an effective estate plan. We will also cover the basics of estate planning, including wills, trusts, health care proxies, and powers of attorney, and discuss exactly what these instruments are designed to do.
There will be examples and illustrations in order to help you understand what you need to consider in planning your own estate.

Light refreshments will be provided.

(978) 468-9000

Presentation by
Denise M. Kent, Esq.
254 Bay Road
Hamilton, MA 01982

Lawyering is fun when....

2009-02-07T12:38:00.002-05:00

Over the years, I have had some humorous experiences in the law. Here are a few that still make me chuckle:

Probating a will: the very first article of the will directed the executor to burn the decedent's bedroom furniture! But why? Were her memories in that room so good or so BAD?! I wish I could have been the lawyer who drafted that will, because I would definitely have asked why. I do not know if the executor actually carried out this directive, but by law he should have!

Probating another will: decedent directs his executor to clean out his extensive video collection before letting family into the house. 'nuff said.

Trust administration: Most families fight over money, but in this 6 million dollar trust estate, we had the two beneficiaries fighting over the family photo collection. Family photos. We had to collect them and hold them in safekeeping and negotiate how they would be duplicated and divided. The two beneficiaries ultimately ended up suing each other.

Criminal Defense case, assault & battery charge- the defendant is a woman, accused of attacking her boyfriend with a tire chain. Where did she get the tire chain, was it just lying around the kitchen, or what? And aren't those things REALLY heavy, how did she swing it??

My First Seminar

2009-01-30T15:11:00.003-05:00

I presented my first free, educational seminar this week. The topic was " How to Avoid Probate", and the attendance was a pleasant surprise to me. While the topic concerns death and touches upon disability and taxes, there is definitely a need for the kind of information that I presented.

First, what is your probate estate? In Massachusetts, your probate estate consists of assets that you own solely in your name when you die. Whether or not you leave a will, if you died owning assets in your name alone, the probate court is the venue required for legally changing title to those assets, getting them out of the name of the deceased person, and into the names of his or her heirs or beneficiaries.

If you don't write a will, then the probate court is the great decider; the court decides for you, according to the laws of intestacy and distribution, who gets your stuff, so if you have not properly planned for the disposal of your assets, the probate court will do it for you.

If you left a will, the probate court will oversee the payment of your debts and the distribution of your assets according to your wishes. There are many ways to avoid the delay, cost, and time involved in a full probate proceeding, and my seminar discussed the tools and strategies that can be used to achieve a non-probate estate, and eliminate the need for a full probate proceeding.

However, there were several people in the audience who assumed that avoiding probate meant that you also avoided estate taxes.

I'm very sorry to tell you that this is not the case.

Your TAXABLE estate consists of all assets in which you had an ownership interest when you died. That means probate assets, and other assets including traditionally non-probate assets such as life insurance that you owned; 401k's and profit-sharing plans; Inter Vivos Trust assets, if any, and also annuities. This list is not exhaustive; for example, the estate tax may also include certain transfers of property made within 3 years prior to death, among other things. Basically, if you had an ownership interest in an asset, it could be a countable asset included in your taxable estate.

I'll stop here and spare you the details on what you can deduct in order to reduce your taxable estate, because I don't want anyone to fall asleep. Suffice it to say that there is an enormous difference between a probate estate and a taxable estate, that most people don't realize it, and that I think people might be planning their estates under the erroneous belief that avoiding probate = avoiding estate taxes.

Let me make this very clear: estate planning can include tax planning strategies and probate avoidance strategies, but involves much more sophisticated planning than the average Joe or Jane should attempt on their own. So hire me.

What does a Paralegal do?

2009-01-24T14:08:00.004-05:00

Whatever the boss tells them to, har har!

Disclaimer: This post is biased toward Paralegals.

As a former Paralegal, I can give you some insight on this. Generally speaking, Paralegals are persons specifically educated (in either Certificate, or more commonly, 2 or 4 year college degree programs) to perform many of the tasks that an attorney performs, under the supervision of an attorney. At all times, a supervising attorney is ultimately responsible for her Paralegal's work product.

To be frank, some lawyers and law firms simply don't know what to do with a Paralegal, how to best utilize their skills. In my years as a Paralegal, I worked at various firms, each of which had a different use for my abilities. Sometimes Paras end up in unchallenging positions in which their daily workload is largely administrative, consisting of simple editing, writing letters, filing, copying, etc., and this can lead to boredom, frustration and job burnout. One wonders why they hired a Para, when a Legal Secretary could do the job. (This is not a put-down of secretaries, it is an observation that Paralegals are trained to perform substantive legal work, and secretaries are not. If you need lots of transcription, copying, filing, reception of clients, etc., and you are not comfortable with delegating your legal work, then you should hire a secretary.)

At the other end of the spectrum, there are some lawyers who maximize their Paras, and assign to them significant legal research tasks and legal drafting projects. Their attitude is, "take a stab at it", and a Para who has good legal research and writing skills can save an attorney quite a bit of time and time is money! Sometimes Paras are required to log a certain number of billable hours, just as attorneys are, and there is constant pressure to meet that billing quota. In this way, they are sort of like attorneys, but without the larger paycheck!

I have also worked with Paras who never seemed to master the legal research and writing basics, perhaps because this was not stressed in their educational program. This is another issue, the fact that the quality of Paralegal Education programs and standards varies. I was fortunate to have graduated from a Paralegal program that stressed the importance of legal research and writing, which are the foundation for the practice of law. The tools that a good Para can bring to a law firm are valuable and should be utilized.

These same skills helped me to get through law school. It was easier for me to navigate the law library and the online legal research sources and to draft various pleadings, simply because I had solid experience doing so. In my opinion, legal research and writing skills are absolutely the foundation of good lawyering. Sometimes lawyers themselves lack a solid foundation in legal research, so a knowledgable Paralegal could be indespensible to them, if they recognize and utilize their Paralegal appropriately.

If my practice grows to point where I can hire staff, I would choose a well-educated Paralegal (even without experience) versus a Secretary without hesitation. There is real value, in terms of their knowledge of legal concepts, and their ability to do tasks that can potentially save me time. And once again, when you're a lawyer, time IS money.

Marketing, networking, and becoming visible

2009-01-17T09:58:00.005-05:00

This past week, I focused a large chunk of time to marketing. All of my peers have said that
radio/tv/and even local print advertising had very little return on investment for them, and that they gained most of their business by word of mouth. People know you, they like you & trust you, so they refer others to you.

I am invisible, if I simply sit here in my office space and hope that people will somehow "find" me. Also, some of my own family members still think that I work for my previous law firm, and had no idea that I had hung out my own shingle.

I believe an Internet presence is very important, because today's consumer often researches businesses online, rather than flipping through the yellow pages. That is one reason why I started blogging; it will allow potential clients to read a bit about me personally, and find articles and news of note, and it will also (I hope) help other solos or aspiring solos. Sadly, I received news this past week that one of my lawyer friends had lost her job, and another was in danger of losing hers at any moment. I think perhaps that many lawyers are considering going solo, or starting a practice with a friend from law school because they simply have to.
And if law is your business, you have to sell yourself.

I joined a Meetup.com group for business owners, and I was surprised at how many of them are utterly without any online presence, and have never joined and social networking groups. Many of them had never heard of Linked-In, or Facebook, and had never taken advantage of such online advertisement venues such as MerchantCircle. Some people do not even have a website.
I think it's imperative to use these tools, in addition to blogging, so that potential clients can get an idea of you, the lawyer, as a person, and as a source of professional advice.

As an aside, the online services (& MerchantCircle basic version) are FREE, and provide a surefire way to enhance your web presence.

I did send basic snail-mail "I'm in Business" announcements to family, friends, and my business group, and I have will be presenting a free seminar in town in order to let people get to know me better. These seminars will be ongoing and presented on an at least monthly basis. I think it is absolutely KEY that people learn who I am and what I do, and get acquainted with my business style. I am not a salesperson; but I am knowledgeable, professional, and I deeply care about what I do, and whom I can assist with my legal skills. These are traits that people will only recognize by meeting me.

In order to reach my local fellow business owners, I went walking & knocking, literally! I just went from business to business, introducing myself, letting people know I am here, and what I do. In most cases, the business owner was in and warmly welcomed me; in a couple of cases, their employees were there and could not have cared less. In order to reach my family, friends, business associates, and networking groups, I maintain an accurate and up-to-date data base, so that I can email or snail-mail any new events.

I plan to start a Meetup group of my own, a business support group for the benefit of local business owners of Hamilton-Wenham, to help each other during this economic downturn. These efforts do take an awful lot of time & energy, and maybe a certain outgoing personality for the walking & knocking technique, but I think that most of the strategies and tools for marketing are affordable and easy enough for even LAWYERS to employ. (Lawyers are not historically known for being technologically forward-thinking. Ahem.)

Signing off for now, got to go set up a Meetup of my own!

Planning for Eldercare

2009-01-15T15:43:00.001-05:00

"Planning for Eldercare" January 15, 2009
Return to Article Page Eldercare & Veterans Benefits Books

New Years Resolution – Plan for Long Term Care
“According to some sources, 60% of us will need long term care sometime during our lives. It is important for all of us to prepare for that day when we will need to help loved ones with elder care or we will need elder care for ourselves.”
“It is simply a fact of life to prepare financially for unexpected disasters by covering our homes, automobiles and health with insurance policies and to provide funding for our retirement. But no other life event can be as devastating to our lifestyle, finances and security as needing long term care. It drastically alters or completely eliminates the three principal retirement dreams of elderly Americans, which are:
1. Remaining independent in the home without intervention from others 2. Maintaining good health and receiving adequate health care 3. Having enough money for everyday needs and not outliving assets and income
Yet, it is our experience that the majority of the American public does not plan for the devastating crisis of needing elder care. This lack of planning also has an adverse effect on the older person's family, with sacrifices made in time, money, family lifestyles and even affecting the family's or caregiver's medical and emotional health.” National Care Planning Council “ The 4 Steps of Long Term Care Planning”
Because of changing demographics and potential changes in government funding, the current generation -- more-than-ever -- needs to plan for long term care.
If you have spent time helping a parent or loved one cope with a disability resulting from aging, you know the frustration of balancing what you feel they need to do and what they want to do. Communication is strained at times, because after all, you are the child and they the parent, yet physically and mentally the rolls have changed.
When you make directives, assignments and arrangements in advance of needing elder care, then everyone involved can follow the prearranged care plan.
As an example, Jefferson Simpson wrote in his care plan that if dementia or Alzheimer's inhibited his mental abilities to communicate or recognize his surroundings, he wished to be in a respectable facility and only asked that he be visited and brought chocolates. To his children this request seemed silly at the time, but when his mental capacities did diminish, the instructions were there. No one had to wonder if they should try to take care of Father Jefferson at home and how they would do it. Without quilt or question they placed him in a respectable facility that took care of his needs. All they had to do was make loving visits, and of course they brought chocolates.
In order for Jefferson's simple request to happen, he had made financial, legal and personal long term care plans years before.
What do you want your children or friends to do on your behalf?
When it comes time for them to help, what if you can't say what you want because of a physical or mental disability? This is where a written long term care plan comes into effect.

Do you have a financial plan or long term care insurance? Retirement savings can disappear quickly when used for care services.

Where is your paperwork; insurance policies, living will, medical directives, Armed Services discharge or disability papers? Is there someone designated to know the location?

What are the legal documents that are needed for power of attorney, estate planning and disbursement of assets? When do they have to be completed?

What types of care services and facilities are available and what are the costs?

What will government programs pay for and how do you qualify?

There is a lot you can do now to put together a plan for your own long term care. You may have limited resources in the future or health problems that will inhibit your ability to take care of things you could do now. For example.

James and Cindy want to be able to stay in their home as they age. In order to do this, when they were in their 40's they took out a long term care insurance policy that will pay for home care if it is needed. The policy will also pay for nursing home costs as a care option. With taking the policy at a younger age and in good health the monthly payments are low. Extra funds can now be put away for retirement without worries of having to deplete savings for care costs.

Or consider Sarah's following experience:

After taking care of her own parents for many years, Sarah realized the importance of making, in advance, a plan and preparations for herself. She saw all of her parents' assets dissipated in order for her father to qualify for Medicaid nursing home coverage. She didn't want the same thing to happen to her. She took the time to create her own plan on paper-- expressing her wishes for her own care. A trip to her attorney provided all the legal documents and estate planning she wanted to be in place to insure care for her and an inheritance for her children.

There is much to learn about long term care and there are a lot of new services and programs available to draw from.

The National Care Planning Council has gathered together an overall review of government and private long term care services both on the Council website, www.longtermcarelink.net and in their book The 4 Steps of Long Term Care Planning.
The 4 Steps of Long Term Care Planning provides comprehensive information about long term care planning. The design also allows you to record personal information, family agreements and directions on 20 planning sheets at the back of the book. Using this book as a single-source repository for information and directions makes it much easier for you or your care coordinator to carry out your wishes when the need for care occurs.

The Generic Lawyer

2009-01-12T15:20:00.003-05:00

Law is a business all about people. People often use the services of lawyers when they have some sort of crises, such as a lawsuit, bankruptcy, divorce, guardianship issue, or a DUI arrest. They also hire us on happy occasions such as when purchasing real estate or assisting in an adoption proceeding.

I guess then it should come as no surprise that other attorneys tell me that conventional advertising does not generate the bulk of their business. It seems it really is all about who you know. With that in mind, I have sent announcements to all of my nearest and dearest, in my family, and business community, to let them know that I am in business.

A former boss once told me to tell people that I am simply A LAWYER, because to say that you specialize in any one area could cost you valuable business. I agree, but it is only human nature to prefer or have a talent for a certain niche. My niche is Estate Planning & Elder Law. While I am happy to assist in a real estate closing or a simple Consumer Protection dispute, I find helping families to be very personally rewarding. It is also a constantly changing area of law, and each case presents a different challenge, particularly if you are dealing with difficult personalities in the family dynamic. (hmmm, that's a whole post in itself!) I guess I would say I lean toward Probate & Family Law, both because of my work history in that area, and because of my own inclination, but it's certainly not ALL I do..

Anyway, this issue of "what kind of lawyer are you?"came up this morning at a networking meeting that I had joined through Meetup.com. The meeting itself was very productive, as I did meet several people whose business I or my clients certainly would need: Realtors, Financial Planners, a Counselor/Life Coach, etc.

In general, people don't really understand how I could do Criminal Defense and still write their mother's will (and health care proxy & power of attorney, because to neglect them would be malpractice, in my opinion). People do like to pigeon-hole one another, and I need to resist doing that to myself. I like the idea of doing a little bit of everything, while sub-specializing in what I know best.

Happy New Year!

2009-01-10T14:47:00.003-05:00

I think it fitting that my inaugural post coincides with the new year, and good riddance to 2008! This blawg (slang for law blog) will record my journey in the establishment of my solo law practice.
While I had always wanted to open my own practice some day, circumstances sort of dropped me into the road a bit sooner than I had planned for; but then, who could have counted on anything in 2008? And so I find myself renting a little office in my small hometown, and looking forward to the journey ahead.

I found it helpful to read other blawgs over the past couple of years, while I had planned my own practice, and those blawgs will be noted here. The information I amassed has been a great help to me. There are myriad decisions as to practice location, marketing, software, choice of rental situations, office equipment, etc., not to mention what type of law to specialize in. Although I have a strong base of experience in Estates & Trusts, which encompasses probate, guardianships, and Medicaid planning, I realize that as a new business I will need to diversify, in order to remain afloat.

I am sharing office spaces with several other attorneys, and I find I both need and enjoy the company, the mentoring of more experienced attorneys, and the general ambiance of a "law firm" feel, without actually having a boss. I have been pleasantly surprised by the offers of support, in both time and materials, from other solos. My challenge will be to grow and maintain a practice in which I hope to establish a rewarding and fulfilling practice and a positive work/life balance. It helps that I like people, and I love helping people.

My background in Estate Planning is a good foundation for a specialization in Elder Law (mainly Medicaid Planning). My most rewarding professional experiences stem from helping those who are least powerful, and assisting families in times of crises. To that end, I will be presenting seminars on related Estate Planning and Elder Law topics. I will also post here various articles and information that people might find helpful.

Here's to a better, brighter New Year!