By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com We see this scenario often: A parent passes away and one of the decedent’s children, a beneficiary of the trust, takes over because they were named trustee of the parent’s trust. Other siblings are also beneficiaries. Since no one in the family is familiar with …
Estate Planning & Trusts
Why You Need More Than a Will
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com I often hear from prospective clients who say, “I’m calling because I need to create a simple Will.” My experience reveals that a simple will is not enough to adequately provide for what happens should you become incapacitated or when you pass away, but getting …
Can a Power of Attorney Manage Your Social Security Benefits?
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com You did the right thing, you established an estate plan consisting of the five foundational documents, including a durable power of attorney, health care proxy, HIPAA release, personal directive, and last will and testament. In particular, a power of attorney is a powerful document that …
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Some Assets May Not Belong in Your Living Trust
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com A trust can be an effective estate planning tool for clients who desire a level of control over their assets. A trust allows you to place various “rules” and incentives on distributions to beneficiaries. You can direct your trustee to distribute an inheritance to a …
What Grandparents Should Know About 529 Plan Impact on Taxes, MassHealth Eligibility
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Grandparent 529 plans are becoming a popular way to save for college – and for good reason. With a 529 plan, you can build an educational legacy for your grandchild while taking advantage of tax and estate planning benefits. One potential drawback of grandparent 529 …
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Do Your Kids Know Your Plans? Talk To Them Today.
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Most families never talk about what their wishes may be when they become incapacitated or when they die. After all, no one likes to talk about their own mortality, especially with their children (even if they are adults themselves). However, an open dialogue is the …
Considering a Personal Care Contract
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com This article will explore common issues and questions related to Personal Care Contracts, which is one strategy available to assist an elderly loved one with their daily care as well as a planning technique to qualify an elderly individual for Medicaid/MassHealth. A Care Contract. In …
Avoiding Probate
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, 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 no …