Over the last several months, we have received word from clients of what appears to be an official and important notice that is being sent out to homeowners. The notice says that the recipient is required to have a copy of their deed to prove ownership and request payment to receive a copy of their …
Forbes Article: The Unique Estate Planning Needs Of The Unmarried
Estate planning discussions often give the impression that every senior in America is married with two or more kids. That’s not true, of course, and those who do not fit the profile need estate planning guidance at least as much as the stereotypical couple does. Read more here.
Forbes Article: The Unique Estate Planning Needs Of The UnmarriedRead More
What If I Cannot Find the Original Will?
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com I sometimes receive a call from a family after someone passes telling me that they cannot find the original Last Will and Testament. Without the original Will, estate administration involves an application by a proposed Personal Representative (“PR”, formerly known as the Executor) and usually …
How to Handle an Unexpected Inheritance
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com For most people, receiving an inheritance is something good, but for the elderly or a nursing home resident, an inheritance may not be as welcomed. Medicaid (MassHealth in Massachusetts) has strict income and asset limits so an inheritance can suddenly and unexpectedly make the Medicaid …
The Problem with Out-of-State Documents
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com I am often asked whether moving from one state to another requires someone to redo their legal, estate planning documents. While I obviously do not have knowledge of the laws in every state, my general answer is that if a will, power of attorney, or …
Don’t Forget About the Elective Share
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 …