What happens when you die without a Will?

When a person dies without a Will, he has died “intestate,” meaning his property passes to his “heirs at law.” A person’s heirs are determined by the intestacy succession laws of the state in which he lives. The current intestacy laws of Massachusetts cover any person with a date of date on or after March…

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Should my mother stop paying her credit card debt now that she is in a nursing home and collecting MassHealth Long-Term Care Benefits (Medicaid)?

As with any legal question, every situation has its own set of unique facts. Generally speaking, your mother has a legal obligation to pay any lawful debt. Despite her MassHealth status, a creditor may obtain a judgment from a court against your mother for failure to pay. However, in the event your mother does not…

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Governor Baker’s Fiscal Year 2017 Budget Proposal: Expanded Estate Recovery Provisions

Governor Charlie Baker’s Fiscal Year 2017 budget proposal presents an alarming challenge to many previously established estate plans. The proposal includes provisions that significantly amend current Massachusetts law to expand the types of property against which the Commonwealth of Massachusetts can make claims to seek reimbursement for MassHealth benefits paid. Currently, the law limits “estate…

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Offsetting the Cost of Nursing Home: Medicaid Trusts

Pereira Law, P.C. – November 2015 The cost of long-term care is constantly on the rise. With the average cost of nursing homes in Massachusetts now ranging from $12,000 to $14,000 per month, it is more important than ever to plan ahead by developing a strategy of protecting family assets from these high costs. As…

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YES! You Can Wait on Your Estate Planning!

Pereira Law, P.C. – September 2015 It can be easy to put estate planning on the back burner.  We don’t like to think about our own mortality, and it may seem pointless to make financial investments into “what if”-type situations when those decisions can potentially be made at a later time. But waiting may come…

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