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Last Will & Testament

Should I Transfer my Home to my Kids to Protect it from the Nursing Home Care?

February 24, 2022

By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com I often get asked whether transferring someone’s home to their children would protect it from nursing home costs. The short answer – probably not.  The correct answer depends on your family’s unique situation, including health and financial situation. There are several things to consider when …

Should I Transfer my Home to my Kids to Protect it from the Nursing Home Care?Read More

The Number One Reason Why Trusts Fail

February 21, 2022

By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com A trust can have powerful benefits – avoiding probate and saving legal costs, reducing estate taxes, protecting assets from long term care costs, addressing unexpected events, preserving benefits for the disabled, and the list goes on. (To learn more about trusts, you can read my …

The Number One Reason Why Trusts FailRead More

How Do I Know if my Estate Plan is Out of Date?

February 18, 2022

By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Most individuals do not have an estate plan in place to dictate what should happen to their assets after they pass away and if they create an estate plan, they tend to not think about it often after that. While having the estate plan itself …

How Do I Know if my Estate Plan is Out of Date?Read More

Probating Newly Discovered Assets after the Close of Probate

February 15, 2022

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 (known as “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 …

Probating Newly Discovered Assets after the Close of ProbateRead More

The Importance of Updating Your Beneficiaries in Massachusetts

February 12, 2022

By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Have you checked recently who you have designated to inherit your assets?  If not, you may find that your designated beneficiary is not who or what you think it should be.   It is recommended that every few years you revisit these types of assets to …

The Importance of Updating Your Beneficiaries in MassachusettsRead More

Will they look at my new spouse’s assets when I apply for Nursing Home MassHealth?

February 9, 2022

By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Sometimes I meet with clients who explain that they recently got married but have chosen to keep their finances separate, maintaining separate bank accounts, splitting bills, and filing taxes separately.  Now, one spouse’s health has significantly changed and it looks like the ill spouse will …

Will they look at my new spouse’s assets when I apply for Nursing Home MassHealth?Read More

What If I Cannot Find the Original Will?

September 21, 2021

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 …

What If I Cannot Find the Original Will?Read More

Don’t Forget About the Elective Share

September 9, 2021

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 …

Don’t Forget About the Elective ShareRead More

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