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Tag Archives: Massachusetts

Medicaid reimbursement claim

Medicaid Reimbursement Claim Must Be Filed in Time

NewsletterBy Robert FlemingJanuary 3, 2021Leave a comment

If a person over age 55 receives long-term care from Medicaid the state may make a claim against their estate. The Medicaid reimbursement claim may seem like a pointless thing. After all, in order to qualify for Medicaid benefits the patient must be impoverished. So why would they have a probate estate anyway? A Medicaid…

Spendthrift trust

A Spendthrift Trust Might Be Reachable by Creditors

NewsletterBy Robert FlemingJuly 1, 2018

The whole point of a spendthrift trust is to protect the trust’s assets from the beneficiary’s creditors. The name hints at the purpose: the point is to protect someone who can’t control spending. Even if the necessary protection is from himself or herself. Generally, a spendthrift trust can work very well for its intended purpose.…

Residuary Clause

Ambiguous Residuary Clause in Will Causes Difficulty

NewsletterBy Robert FlemingJune 18, 20171 Comment

Your will should accomplish at least three simple things. It should identify who will manage the estate (the “personal representative”, in Arizona). The will should identify individual items, dollar amounts or percentages that are to go to particular recipients. Finally, the will should include a “residuary clause” — a statement about who will receive the…

Decant

Even Without State Statute, Court Approves Trust Decanting

NewsletterBy Robert FlemingApril 30, 2017

VOLUME 24 NUMBER 18 When a trustee transfers assets to a new trust with the same beneficiaries (but different terms), it is often called decanting. “Decant” is an analogy: the trustee is, in a sense, pouring trust assets from an old vessel into a new container, and improving the quality of the trust in the…

Husband’s Interest in Trust Not Divided in Divorce Proceedings

Newsletter, Tucson Elder LawBy Robert FlemingAugust 21, 2016

AUGUST 22, 2016 VOLUME 23 NUMBER 31 Carl and Debbie (not their real names) were married, and have two children together. After more than a decade together, Carl filed for a divorce in their home state of Massachusetts. In the course of the divorce action, the court was required to divide Carl and Debbie’s assets…

Conservator’s Accounting Approved in Contentious Proceeding

Newsletter, Tucson Elder LawBy Robert FlemingApril 9, 2011

APRIL 11, 2011 VOLUME 18 NUMBER 13 The Montana Supreme Court identifies him as “J.R.” to protect him from public identification, but it is possible to get quite a feeling for him, his family and the two different conservators appointed to handle his finances. In 2006, when the legal proceedings started, J.R. was 78 years…

Reverse Mortgage Danger Signals

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 12, 20101 Comment

SEPTEMBER 13, 2010 VOLUME 17 NUMBER 28 This week’s Elder Law Issues addresses a problem that is increasingly common in the senior community: the aggressive sale of reverse mortgage arrangements to homeowners who may not really need or benefit from such a financing technique. We saw the following list of danger signals for reverse mortgage…

Why Do I Have To Complete That Darned Questionnaire?

Newsletter, Tucson Elder LawBy Robert FlemingMay 31, 20102 Comments

MAY 31, 2010  VOLUME 17, NUMBER 18 You have made your appointment to discuss estate planning. Our office has sent you a reminder letter, an explanation of what will happen when you get here, a map with parking instructions — and an 8-page questionnaire, asking for all sorts of details about your family, your assets…

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