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Channel: Massachusetts Estate Planning, Probate & Elder Law » Protection from Creditors
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Jointly-Held Assets in Massachusetts: The Good, the Bad and the Ugly

Adding someone’s name to an asset of yours can be done all too easily, without your realizing all of the ramifications. There are many issues that come into play when deciding whether making an asset...

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Problems with Outright Gifts in the Medicaid Planning Context

An Irrevocable Trust Is Often a Better Planning Maneuver Than an Outright Gift There are several problems with outright gifts in the Medicaid planning context that can lead to the recommendation of the...

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Protecting Your Home from Creditors in Massachusetts

A Revocable “Living” Trust Does Not Protect You Some of my clients are concerned about the possibility of losing their homes to creditors. The following are some of the ways which can help you protect...

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Questions and Answers about Declarations of Homestead in Massachusetts

Over the last few years in my law practice, I’ve found that there is a lot of interest in Declarations of Homestead.  It seems that much of that interest has been generated by salespersons who were...

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What’s So Bad about Probate?

A company named Schumacher Publishing owns and runs www.estateplanning.com and licenses articles on various estate planning topics; lawyers and financial planners can pay to use some of Schumacher’s...

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More Questions and Answers about Declarations of Homestead in Massachusetts

The Massachusetts law regarding Declarations of Homestead has never been very clear.  Having already answered some typical questions in...

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Are You Personally Responsible for Your Spouse’s Nursing Home Bills in...

It may come as a surprise to some people, but you can be held personally responsible for your spouse’s bills if they are for payment of necessaries.  In the case of East Longmeadow Management Systems...

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Protecting Assets and Maximum Income for the Community Spouse When Applying...

One of the biggest mistakes that many spouses make when the other spouse enters a nursing home is not getting legal advice from an elder law attorney about Medicaid, known in Massachusetts as...

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Supreme Judicial Court Rules That Trusts Were Ineligible for Homestead...

Before the new Massachusetts homestead law took effect on March 16, 2011, it was an unsettled question of law as to whether the Trustee or beneficiary of a trust was eligible to file a valid...

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Protecting Assets and Maximum Income for the Community Spouse When Applying...

One of the biggest mistakes that many spouses make when the other spouse enters a nursing home is not getting legal advice from an elder law attorney about Medicaid, known in Massachusetts as...

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Protecting Assets and Maximum Income in 2014 When Applying for MassHealth to...

One of the biggest mistakes that many community spouses (i.e., any spouse who is not in a nursing home) make when the other spouse enters a nursing home is not getting legal advice from an elder law...

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