By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com When an individual dies owning property solely in his or her name, then a formal procedure (“probate”) is usually needed to determine to whom the property should pass. If there is a valid will, the property will pass according to its terms. If there is …
My Dead Relative Received a Stimulus Check. Can We Keep It?
Written by Brandon C. Walecka, Esq. People who receive stimulus checks for relatives who are no longer with us are scratching their heads wondering what they should do with the money. Keep it? Deposit it into an estate account? Send it back? Donate it to charity? Something else? Fortunately, the IRS has specific guidance on what …
My Dead Relative Received a Stimulus Check. Can We Keep It?Read More
The Risks with Unequal Inheritances
Written by Brandon C. Walecka, Esq. In order to avoid conflict, many parents and/or grandparents may decide to leave their children the same inheritance, although equal may not always be equitable. With the pandemic bringing the drafting and execution of more Wills, this issue is coming up more frequently. One stark example of this situation …
MassHealth Estate Recovery Policy Update
Written by Brandon C. Walecka, Esq. MassHealth is making the several reforms to their estate recovery policy in an attempt to prevent undue hardship for members and their families and to support low and middle-income families retain some assets while remaining in compliance with federal and state law. Usually, when a MassHealth recipient dies, MassHealth’s …
PBS documentary: “When my time comes”
Written by Brandon C. Walecka, Esq. Spurred on by the death of her husband, Diane Rehm takes an in-depth look at medical aid in dying. She speaks to people on all sides of the issue, uncovering the pros and cons, and the facts and the myths surrounding this controversial practice that is now legal in …
Updated Justice in Aging Guide: 25 Common Nursing Home Problems & How to Resolve Them
By Brandon C. Walecka Justice in Aging has updated its guide, “25 Common Nursing Home Problems-& How to Resolve Them.” The revised guide includes, among other things, COVID-19 specific information, 2021 Medicare eligibility standards, and advice on how to refuse arbitration agreements under a recently revised federal regulation. This updated version of the guide offers …
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Do Not Leave Health Care Decisions to Chance
By Brandon C. Walecka You likely have your own ideas on what should happen if you became incapacitated. However, your loved ones could have other ideas. Most people think about finances, wills, guardians for dependents, and who inherits, when the issue of their inevitable death arises. But in the event that you do not die …
What if the Bank will not Accept the Power of Attorney?
Written by Brandon C. Walecka, Esq. Sometimes I get a call from a client after they go to a bank or other financial institution only to learn that the bank will not accept their family member’s power of attorney document. I will discuss strategies to discuss with your financial institutions to avoid this issue. …
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