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Taxation & Estate Planning

Estate Planning and Elder Law

Discussion of estate planning, elder law and health insurance matters in Massachusetts.
By Leanna Hamill, Esq.

Post Frequency: 3.8/day

Last Entry: January 14, 2010 at 15:23:11

Health (and other) Effects of Clutter

Posted on January 02, 2008
The New York Times had a recent article on the health effects of clutter. The article points out that if you can't find your shoes, you certainly won't be able to go walking, and if you can't find your medications or other instructions from your doctor that could be harmful to your health as well...

ABA Guide to Wills and Estates

Posted on December 19, 2007
The American Bar Association has book called the Guide to Wills and Estates available for downloading from their website. The book guides you through the different estate planning tools, and talks about how planning now makes things easier for your family later...

Information Needed for MassHealth/Medicaid Application

Posted on December 17, 2007
If you or a loved one find yourselves needing to apply for Medicaid (also called MassHealth) coverage for a nursing home stay, or think you might have to in the future, you must be prepared for the extensive amount of information required by MassHealth...

Understanding What You are Signing

Posted on December 11, 2007
I often hear from people that they have some sort of estate plan in place, but they aren't sure what's in it because they didn't really understand what they were signing, and they haven't looked at it since they left the attorney's office months or years ago...

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Should You Discuss Your Plans with Your Children?

Posted on November 12, 2007
Clients often wonder if they should share their estate plans with their children. Now, these are not clients who are setting up elaborate trusts with millions of dollars that will flow down to future generations, these are just regular people who worked hard all of their lives and are now trying to figure out how to best divide up their estate...

Changed your mind? Make sure you change your will.

Posted on November 12, 2007
The Boston Globe had an article today about a Rhode Island man who had disinherited his two young children, and their mother's fight in court to obtain some of the estate for their use. What struck me about the article were the last few paragraphs: Family members on both sides of the dispute agree on one thing: Corky Sliwkowski loved his daughters dearly...

Important Coversations to Have with Loved Ones

Posted on November 08, 2007
With the holiday seasons coming up, many people will be traveling home to see parents or aunts and uncles. At this time, you may notice that things have changed since you last saw them. While it can be difficult to talk about changes, and to see them in yourselves and your loved ones, it's important to realistically assess the situation...

Probating an Estate in Massachusetts

Posted on November 06, 2007
Probating an estate is the process by which a person's Will is delivered to the Court, allowed by the court, an executor is appointed, and the person's property is distributed according to their Will. If the person has no Will, the process, called estate administration, is similar and the property is distributed according to state law...

Free Alzheimer's Coaching Services

Posted on October 30, 2007
Part of the difficulty of having a loved one with Alzheimer's is adapting your own actions and expectations to the changing behavior of the person with Alzheimer's. A coach can help you with that. Thanks to funding from a Title IIIE Older Americans Act Grant, Alzheimer Coaching Services is able to offer up to three in home coaching visits free of charge...

Planning for the holidays when a loved one has Alzheimer's

Posted on October 24, 2007
The holiday season is coming upon us (or is already upon us if you count the Red Sox being in the World Series a holiday). If you have a loved one with Alzheimer's or other memory issue, some traditions may need to change in order to make things easier (and safer) on yourself and your loved one...

When Do you Buckle Your Seat-Belt?

Posted on October 02, 2007
Do you buckle your seat belt when you get in the car? It's easy, doesn't take much time, and you know you'll be protected in the event of an accident. Do you figure that since things are fine now, you'll wait to fasten your seat belt until you feel the car start spinning out of control? Unless you have the reflexes of Superman, you probably won't have enough time...

Paperless Records can Leave Heirs in the Dark

Posted on September 14, 2007
This article from the Wall Street Journal, Paperless World Can Leave Heirs in the Dark, outlines the dangers of keeping all your records on your computer. With online bank accounts becoming more common, there might not be paper statements of your accounts, and if you don't leave a record of them, your heirs might never know you had them...

Quality Rating Tool for Massachusetts Nursing Homes

Posted on August 23, 2007
Choosing a nursing home for yourself or a loved one, either for a short-term stay after a hospital visit, or for a more permanent placement can be overwhelming. You can talk to your neighbors, get recommendations from doctors and look on-line for facilities in your area...

Another Reason to Plan Ahead

Posted on August 15, 2007
Sometimes, the first time I meet a client is in the nursing home or hospital following a crisis. The person's spouse or child or friend has called me to meet with their loved one and draw up the necessary legal documents - a health care proxy, power of attorney, will or trust, maybe a Medicaid Application- while the client is still capable of making decisions and signing documents...

Why You (yes, you) Need a Will

Posted on August 13, 2007
I sometimes have people say to me, "It's just me and my wife, we have no kids yet, and if I die all my stuff goes to her. We don't need Wills." This makes me cringe, because I have seen what happens in this situation, and related ones, if there is no Will...

"Do I Need a Health Care Proxy If I am Married?"

Posted on August 08, 2007
Through the magic of technology, I can tell what people are searching for on the Internet when they find my website. One of my visitors googled "do I need a health care proxy if I am married?" I'm not quite sure why the person thought they might not need one just because they were married, and the answer is a resounding YES! A health care proxy is a vital document for everyone over 18...

Estate Planning When Your Child is an Addict

Posted on August 01, 2007
People often consider putting an estate plan together when they are going through a crisis. But how often do they think about doing (or re-doing) their estate plan when their child is in crisis? A recent article in the Boston Globe about parents of heroin or oxycontin addicts who have formed support groups made me wonder how many of these parents have changed their Wills, Trusts, or life insurance policies to reflect the crisis that their children are in...

The Perfect Wedding Gift?

Posted on June 15, 2007
Tired of the same old items on a wedding gift registry? A recent article in the Boston Globe points out that some couples are looking to register for more useful things - like legal services. It makes sense; once you are married you'll need a Will, perhaps to update your health care proxy and power of attorney to appoint your new spouse, maybe you need assistance with getting your names changed, or you want to put the house in both names...

You Have a Plan in Mind, but Do You Have a Plan in Place?

Posted on May 25, 2007
I was speaking with someone from the Planned Giving Department of the Salvation Army today. She was relaying the story of a woman who wanted to leave a donation to the Salvation Army in her Will. She had an old Will that left her money to some nieces and nephews, she also had several bank accounts that named one niece as the beneficiary on the account (the person who was to receive the money upon her death), and she had a hand written note listing who she wanted her money to go to, including the Salvation Army...

Talking to Your Family About Your Estate Plan

Posted on May 21, 2007
In addition to meeting with your attorney to discuss your estate plan (your Wills, Durable Powers of Attorney, Health Care Proxies, Trusts, etc.) you should also talk with your family about your plan. If you have children you are appointing as executors or agents, they need to know this and should agree to be appointed...

"It's like a second job"

Posted on May 18, 2007
This is what one of my client's children said to me last month as she and I were leaving the nursing home after visiting her father. It is indeed like a second job, although instead of getting paid, you are the one who is paying - in time away from your job, your spouse, your kids, in the emotional toll of having to parent your parent whose health and mental status may be declining, and in trying to navigate the maze of medical terminology, health insurance or public benefit requirements and coverage guidelines...

Moving Parent to a Different State - Make Sure to Review Estate Documents

Posted on April 04, 2007
If your parent is moving to a different state, or you are moving your parent here from out of state, one of the first things you should do is have an elder law attorney review their Durable Power of Attorney, Health Care Proxy and Will or Trust to make sure they conform to the requirements of the new state, and take into account the changes that might be down the road...

Living With Alzheimer's Disease

Posted on April 02, 2007
The New York Times recently had an article about living with Alzheimer's Disease after diagnosis but while the person is still able to carry on conversations, and go about their daily life, although with small but growing differences. One important step to take during this time, is to make sure that you have you Health Care Proxy, Living Will, Durable Power of Attorney and Will or Trust set up...

Estate & Retirement Planning Seminar

Posted on March 08, 2007
THIS SEMINAR TOOK PLACE IN 2007. Leanna Hamill, Attorney at LawInvites you to join her for a special educational workshop featuring presentations on Long-Term Care, Retirement, and Estate Planning TUESDAY, MARCH 27TH, 2007 6:00P.M. TO 7:30PM. Presenting will be: Leanna Hamill, Attorney At LawLEAVING A LASTING LEGACY WITH ESTATE PLANNING STRATEGIESLeanna is an elder law and estate planning attorney in Hingham...

New Local Web-zine, with a Focus On Parkinson's Disease

Posted on March 05, 2007
Cindy Beth Bittker, the creator of the new web-zine Hull Magazine, has put a special focus on Parkinson's Disease in her online magazine. In addition to containing tons of information about the lovely little seaside town of Hull, the magazine also offer articles on Parkinson's and links to Parkinson's support groups and other resources...

A Financial Checklist for Parents of Children with Special Needs

Posted on February 23, 2007
Financial and estate planning is important for every family, but more so for those families who have children with special needs. MassMutual has a recent article on Helping to Build the Financial Future of Your Child with Special Needs, which provides a checklist for parents to consider when planning...

Preparing for the Estate Planning Meeting

Posted on February 15, 2007
You've scheduled an appointment with your attorney, and the meeting to talk about your estate plan is next week. You have the information form she asked you to fill out, but in addition to listing your assets and income and children, there are other things to think about that don't fit so nicely into a box on a form...

Love Matters

Posted on February 13, 2007
My friend, Ann Quinlan, of Healthy Aging Matters has written a guest post today, in honor of Valentine's Day. LOVE MATTERSAnn V Quinlan During this month of February florists, chocolate and card vendors move into action and become instamatic cupids and messengers of love...

So, Your Kids Want You to See an Elder Law Attorney?

Posted on February 12, 2007
Many of my clients come to me by way of their children. Their adult children start worrying about their parents ?getting their affairs in order? and they call or email me, maybe they even make the appointment. You may find this helpful, you may find this meddlesome, or somewhere in between...

Old Enough for an Elder Law Attorney?

Posted on February 10, 2007
I often have people ask me, "how old do you have to be to need an elder law attorney?" I usually say that there is no age limit, and if you think you might get old some day, you need an elder law attorney. I have some clients who are in their 40's, but want to do some long term planning to make sure they will have enough to live on when they retire, and they have questions about long term care insurance and what that pays for...

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