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.” Nearly right away, I educate this prospective client that a simple will is not enough to adequately provide for what happens should you become incapacitated or when …
Last Will & Testament
Where to Keep Your Estate Planning Document
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com You have planned ahead and have decided how you want your affairs to be handled upon your passing. You have signed all of your Foundational Estate Planning documents: A Last Will and Testament, a Durable Power of Attorney, a Personal Directive (sometimes called a living …
Is Your Child Disabled? If so, an Inheritance from You Could Cost Them their Benefits
By: Brandon C. Walecka, Esq. Walecka Law, P.C. 774-203-9003 Brandon@WaleckaLaw.com Many times, a person on disability relies on certain governmental benefit programs such as Medicaid (known as MassHealth in Massachusetts) or Supplemental Security Income (SSI) for support and medical insurance. They may receive SNAP benefits (commonly known as food stamps), PACE (commonly known as fuel …
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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, 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 …
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 …
What is a “no contest” clause?
Written by Brandon C. Walecka, Esq. A “no-contest” (also called in terrorem clause) provision is a clause that you can put in your Last Will & Testament to discourage a disappointed heir from challenging your estate plan. If an heir files a lawsuit against your estate, then such a clause effectively cancels that heir from …
Common Misconceptions About Your Last Will & Testament
Written by Brandon C. Walecka, Esq. Before I discuss the common misconceptions that many of my clients have about their Last Will & Testament, we should ask, “What is a Last Will and Testament?” The Last Will and Testament is a document in which you designate who will receive your property after your death. It is …
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Avoiding Burnout: Caregiving in a Pandemic
Written by Brandon C. Walecka, Esq. In recognition of November being National Family Caregiver Month, a time to celebrate the tireless contributions of caregivers, here are some tips and strategies to avoid caregiver burnout, a risk under any circumstances, but especially as you care for your loved one in these unprecedented times. For many caregivers, …