By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Sometimes I meet with a client who explains for a variety of reasons that they want to not include their spouse as part of their estate plan. Typically, they want to update their Will but not any other documents. I usually explain to the client …
What is a Declaration of Homestead Exemption?
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com If you own your home, Massachusetts homestead law may protect your home against claims of many creditors. The homestead law protects your home if: Manufactured or mobile homes are also protected by this law. The homestead law does not protect the house from “secured” claims. …
Funeral Expenses and Medicaid
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Whenever I talk to a family whose loved one is close to spending down the required amount of assets to qualify for Medicaid (MassHealth in Massachusetts), the topic of funeral and burial expenses comes up. Most people are aware that Medicaid permits setting aside funds …
Estate Planning for the “Troubled” Adult Child
You never stop being a parent, but in some cases, estate planning decisions can be challenging if you have an adult child who may be troubled or demonstrate problematic behavior in some way (e.g., is addicted to drugs or alcohol, is financially irresponsible). You likely already know the heartbreak associated with trying to help that …
Using a testamentary supplemental needs trust to protect assets from the cost of nursing home care
What is a testamentary supplemental needs trust? A trust is a written agreement between the person(s) who creates the trust and the person who administers the trust as to how any property owned by the trust may be used. A testamentary trust is any trust created by the terms of a person’s Will. A supplemental …
Have You Checked Your Beneficiary Forms Lately?
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Have you checked your beneficiary designations for your retirement accounts or life insurance policies recently? If not, you may find that your designated beneficiary is not who or what you think it should be, especially if you have had a major life event, such as …
Planning for Parents with a Disabled Adult Child
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Buy enough life insurance A parent of any child is irreplaceable, but in the case of a disabled adult child, older adult parents are faced with the challenge of deciding how best to care for their child in the event of their passing. In that …
What is MOLST?
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com MOLST is a medical order containing the patient’s preferences about life-sustaining medical treatments. A MOLST form is signed by the patient (or health care agent/guardian) and the clinician. The MOLST is the doctor’s order. Where does MOLST fit in advanced care planning? There are several …