Estate Planning for Same-Sex Couples & Unmarried Life Partners

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

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

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

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

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!

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...

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!