Taxation & Estate Planning

My website has moved, please come with me!

Posted on January 14, 2010
My website has moved to http://www.hamilllawoffice.com/, which will now have the most up to date information for you. If you have subscribed to this site by email, you can enter your email address at the new site to continue to get updates. Likewise, if you subscribe by RSS you can get the new RSS feed over there...

Better Sleep* and Peace of Mind - What Does An Attorney Sell?

Posted on January 08, 2010
Ironically, the idea for this post came to me during a bout of insomnia. It's often said that estate planning attorneys sell "peace of mind." That is, we help people put the pieces in place that allow their family members (or people of their choosing) to legally assist them with their health care and financial decisions when they are unable...

I Can't Lead a Horse To Water, or Make It Drink

Posted on January 06, 2010
Many times my biggest competition is not other attorneys - it's inertia. It isn't that people are meeting with other attorneys and getting their estate plans in order, it's that they just aren't doing them. The biggest excuses I hear are usually "I don't have any thing to leave to people and my family knows how to divide my stuff" or "I won't care what happens to my stuff, I won't be around then anyway...

New Rules for Reverse Mortgage Counselors

Posted on December 09, 2009
The New York Times has a recent article on the new rules for reverse mortgage counselors. Under the new rules, counselors are required to pass an exam that was used in recent years by the AARP Foundation to qualify its reverse-mortgage counselors, and they must take part in training every two years...

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New Guardianship & Conservatorship Forms

Posted on December 08, 2009
The new forms for petitioning for guardianship and conservatorship can be found on the Probate Court website, by clicking here. There are instructions for the forms that can be helpful for the physicians who may not be used to filling out the new, more extensive medical certificates, and for folks who are representing themselves in petitioning for a guardianship or conservatorship.

New Guardianship Procedures - The Medical Certificate

Posted on December 04, 2009
The procedures for obtaining guardianship or conservatorship (see below for definitions) over a person who has become unable to handle their own affairs has recently changed in Massachusetts with the adoption of the Uniform Probate Code. I will be doing some posts over the next couple of weeks to outline some of those changes...

Site Nominated for the ABA Top 100 Law Blog List

Posted on December 03, 2009
My blog has been nominated to the American Bar Association Top 100 Blog List. This is a great honor, and makes me proud because it means that I'm continuing to provide the value to my readers that I strive for. Voting to select the Top 10 is now taking place...

Tips for Beating the Holiday Blues

Posted on November 24, 2009
The AGS Foundation for Health In Aging has published some tips for beating the holiday blues. Some of the tips include: Accepting your feelings. Just because the media and other may make it seem likely everyone else is happy, it's perfectly normal to not feel happy all the time...

Holiday Time - Checking In With Your Aging Parents

Posted on November 16, 2009
If you are returning home this holiday season to spend time with aging relatives, take a few minutes to check things out and make sure they are still safe at home. You don't need to make a big production out of it, but here are some things to keep an eye out for: Is there adequate lighting inside and out to prevent falls? Is the refrigerator stocked with food? Is any of it spoiling? Are there any throw rugs that could cause falls? Is their mail piling up unopened? Are your normally tidy parents having a harder time with housekeeping? Is their house warm enough? Are their medications up-to-date? Do your loved ones seems healthy? Just because you notice some issues, doesn't mean your parents can't be living at home...

I Have a Trust. Why Do I Still Need a Power of Attorney?

Posted on November 03, 2009
I am often asked by my clients, "if I have a trust that is going to allow for the management of all my property, why do I still need a durable power of attorney?" The durable power of attorney, in addition to allowing your agent to manage your non-trust property, also allows the agent to act on your behalf in many different scenarios where the powers of the trustee do not apply: Filing tax returns and otherwise dealing with the Internal Revenue Service, Applying for public benefits, and filing appeals on your behalf if those benefits are denied, Inquiring about, managing, changing and cashing out life insurance policies that aren't owned by your trust, Signing admission agreements on your behalf to a hospital, rehab facility or nursing home, Resigning on your behalf if you are serving as executor, guardian or conservator of someone and become unable to fulfill your duties, Obtaining information from pension company or human resources department, Hiring caregivers and other professionals on your behalf, Accessing safe deposit boxes, Changing your domicile (the place that is legally considered your home,) Filing for bankruptcy on your behalf, Acting on your behalf in probate proceedings, including assenting to accounts or other proceedings, Filing a change of address with the post office...

Advance Directives For Mental Illness

Posted on October 07, 2009
Most people know that they should have an advance directive or living will in place in the event of a serious illness or injury, so that their loved ones will know what their wishes are. I wondered recently if similar advance directives exist for people with mental illness, so they can state their wishes for care when their illness worsens...

Geriatric Care Managers - A Valuable Member of the Team

Posted on September 30, 2009
I have posted before about the value of hiring a geriatric care manager (GCM). According to the National Association of Geriatric Care Manager, a GCM is a health and human services specialist who helps families who are caring for older relatives. The GCM is trained and experienced in any of several fields related to care management, including, but not limited to nursing, gerontology, social work, or psychology, with a specialized focus on issues related to aging and elder care...

Is Your Attorney Nosy? You Should Hope So.

Posted on September 24, 2009
I was bitten by a tick this summer and went to the doctor to have it checked out. The first thing they did, as always, was weigh me and take my blood pressure. I wondered how either of these things were relevant to my tick bite, so I asked. The response, "the doctor likes to track these things at each visit to be on the look out for changes...

What to Pack for a Trip to the Hospital

Posted on September 14, 2009
As people get older and sicker, they may find themselves going to the hospital more frequently - either for planned appointments or emergencies. Being prepared for these visits can go a long way towards making them less stressful. Here is a list of things to remember: A copy of your health care proxy, A copy of your HIPAA release, A copy of a Do Not Resuscitate Order if you have one, Health insurance cards (Medicare, Medicaid, supplemental insurance) Glasses, hearing aids, dentures, Supply of medication, list of medications and dosages, any allergies, Slippers or socks with rubber soles, Robe, PJs or nightgown, Toiletry items, Ear plugs, Telephone card and small amount of cash for incidentals...

Medicaid Myths and Getting the Facts

Posted on September 10, 2009
I hear a lot of things from my clients at our first meeting when their spouse or parent has entered a nursing home and they need to seek eligibility for Medicaid/MassHealth in order to continue paying for the care. Some of the things my clients have been told are: The Government is going to take your house, Just give everything away, that will protect it, You need to spend all of the money on the nursing home before you can qualify for Medicaid, You can just give your house to your child for $1...

Action Item - Write It Down

Posted on September 01, 2009
Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...

Action Item - Start Writing Your Letter of Intent

Posted on August 25, 2009
Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...

Action Item - Keep Your Attorney in the Loop

Posted on August 18, 2009
Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...

End of Life Conversations Will Result In Your Death - 100% of the Time

Posted on August 12, 2009
Everyone is going to die. All of us. Some will die when we are young, some when we are old. Some will die a quick death, and others will linger while those around us try to figure out what to do. So, all this talk about "end of life conversations" leading to more old people dying makes me wonder what people think will happen if you don't talk about your end of life wishes...

Action Item - Check Your Estate Plan Before Filing for Divorce

Posted on August 11, 2009
Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...

Action Item - Guardians for Your Minor Children

Posted on August 04, 2009
Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...

Action Item - Check Your Beneficiaries

Posted on July 28, 2009
Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...

Recording for How & Why to Avoid Guardianship and Conservatorship

Posted on July 22, 2009
I had the pleasure of speaking with Barbara Friesner, of AgeWiseLiving, on her AgeWise Living Radio Show about Why and How to Avoid Guardianship and Conservatorship (click to listen to the recording.) You may want to turn the volume down on your computer before clicking the link to the show, since the audio starts right away...

Why & How To Avoid Guardianship or Conservatorship - Radio Show

Posted on July 17, 2009
I will be speaking on Tuesday at 11:00 a.m. Eastern Time on the AgeWise Living Radio Show about Why and How to Avoid Guardianship and Conservatorship. I will be talking about what a guardianship and conservatorship are, why one or both would be needed, what the process is for obtaining them, what the costs associated with them are, what families can expect when them embark on seeking protective proceedings over a loved one, what the responsibilities are of the guardian or conservator once they are appointed, and most importantly, what some of the alternatives to these proceedings are that can provide the elder or disabled person with the support they need, while maintaining their rights and keeping family relationships in tact...

How To Find a Lost Will (or at least where to look)

Posted on July 15, 2009
I always recommend that my clients keep their original wills (and other important documents) in a fireproof box in their house, and that they let some family members know where the documents are located, and where the key is (or what the combination is) if the box is locked...

New Guide for Lesbian, Gay, Bisexual & Transgender Elders

Posted on July 06, 2009
The National Center for Lesbian Rights has released a new planning guide for LGBT Elders called Planning With A Purpose: Legal Basics for LGBT Elders. Download PlanningWithAPurpose. This booklet provides basic information about how the laws affect the rights of LGBT elder's in terms of financial issues, health care decisions, long term care planning, and estate planning...

Caregiver's Corner - Resources from Around the Web

Posted on July 02, 2009
All the links will open in a new window, so feel free to click as you read knowing you won't lose this page. Shambala Sun , the Buddhist magazine, focuses their recent issue on caregiving and illness. They have an audiodownload by Frank Ostaseki whose mission is to seed "our culture with innovative approaches to end-of-life care that reaffirm the spiritual dimensions of dying...

Protecting Your Privacy and Your Children's with a Trust

Posted on July 01, 2009
There has been much talk in the media lately about Michael Jackson's death - what he owed, what he owned, and who would get it. People were waiting for his Will to be presented to the Court to perhaps get a deeper look at his financial life. Well, his will was presented to the Court today Download Michael Jackson's Will...

Choosing Long Term Care Insurance

Posted on June 29, 2009
I have many clients who have long term care insurance, and many who don't. From what I've seen, my clients with long term care insurance have many more options when it comes to choosing care and choosing where they live than my clients who don't. The New York Times has a recent article about how to choose a long term care insurance policy...

New Caregiver Authorization For Minor Children Living With a Non-Parent

Posted on June 26, 2009
For various reasons a minor child will sometimes go and live with someone besides his or her parents. Maybe the parents are struggling with health or substance abuse issues and their child goes to live with a grandparent. Maybe a teenager wants to finish their last year at school and will live with a friend while their parents move to a different state...

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