Legal Notes—Funeral Arrangements: How Do You Give Directions? Who Has Authority?
If you are someone who likes to be prepared and to have your affairs in order, you may have an estate plan in place to address management of your medical needs and finances in case of incapacity and the testamentary disposition of your assets. In contemplating end-of-life issues, you may also have planned for your
Legal Notes: Joint Bank Accounts—A Convenient Tool, with Pitfalls
A common estate planning goal is smooth administration of one’s affairs in incapacity and at death. People often create a joint bank account adding another person, typically a spouse or an adult child, so the other account holder can assist with bill paying and have uninterrupted access to the account for funeral and other expenses.
Legal Notes: Covid Clauses for Medical Advance Directives
In August of 2020, during the first wave of COVID-19 cases, I advised readers to review their medical advance directive documents. These documents could contain language that prohibits intubation and/or use of a ventilator in all situations. Allowing intubation and ventilator use can be life-saving for some COVID-19 patients. There have been a few variants
Legal Notes: Estate Planning and Guns (Part Two)
The last article in this two-part series addressed the importance of proper management of firearms when a gun owner becomes incapacitated or dies. This article discusses gun trusts as an effective solution.
John owns a collection of antique rifles passed down from his father. He names Daughter in his will as personal representative. Daughter wants
Legal Notes: Life Estate Deeds and Insurance Coverage
Many homeowners, as they get older, convey their real estate to family members and retain a life estate. When they create a life estate deed they no longer are the sole owners of the real estate and will then own what is known as a life estate interest, and the person or persons they conveyed
Legal Notes: Lessons Learned From Audrey Hepburn’s Sons’ Dispute Over Her Estate
Almost 30 years ago, on January 20, 1993, the elegant and talented actress Audrey Hepburn passed away. When she died she had an estate plan in place that seemingly took care of everything, so that her wishes for the distribution of her estate would go smoothly after her death. According to a Daily Mail article
Legal Notes: Foreign Lottery Scams
Recently, an investigative reporter interviewed a retired school principal who was a victim of a Jamaican lottery scam. Over time, she gave about $27,000 to the scammer. Other victims of these scams lost their entire life savings. The scam begins with a telephone call mailing or informing the victim that they have won a large
Pooled Trusts are supplemental needs trusts administered by a nonprofit for the benefit of disabled individuals on Supplemental Security Income (SSI), a (d)(A) trust, and those over age 65, a (d)(4)(C) trust. Federal Medicaid and MassHealth regulations permit a deposit of any excess funds that exceed the