Planning for Life

5 Reasons Why Disinheritance is Not a Viable Option for Special Needs Planning

Posted by Harry S. Margolis on February 2, 2015

By Harry S. Margolis

Special-Needs-Planning-Estate-Planning-Wellesley-MA

Some parents of children with special needs choose to disinherit such children for a number of reasons. They recognize that leaving funds directly to such children (who very well may be adults now) could cause a number difficulties. They may lose eligibility for important public benefits, such as Supplemental Security Income, MassHealth or subsidized housing. In many instances, their children would not be able to manage the funds and would be susceptible to losing the funds to financial predators or simply bad decision-making. Other parents reason that their other children will take care of the child with special needs or that the child has no need of funds since public programs are providing for her adequately.

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Topics: special needs planning

Will MassHealth Take My House? Asset protection in Massachusetts

Posted by Harry S. Margolis on June 24, 2014

By Harry S. Margolis

Masshealth-asset-protection-Massachusetts-Wellesley-MA

I'm often asked whether MassHealth "will take my house" or other assets. A recent posting on ElderLawAnswers.com, where I answers questions from consumers, reads in part:

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Topics: special needs planning, MassHealth, asset protection

A Short Introduction to Special Needs Planning

Posted by Harry S. Margolis on April 29, 2014

 
special-needs-planning-trust-ABLE-account-Wellesley-MA
 
 
Estate planning by parents who have children with disabilities involves many challenges, including the following:
  •  How do you leave funds for the benefit of the child without causing the child to lose important public benefits?
  • How do you make sure that the funds are well-managed?
  • How do you make sure that your other children are not over-burdened with caring for the disabled sibling, and that duties fall relatively evenly among the siblings?
  • What is fair in terms of distributing your estate between your disabled child and your other children?
  • How do you make sure there’s enough money to meet your disabled child’s needs?
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Topics: special needs planning, MassHealth

5 Questions to Ask Before Making Gifts for MassHealth or Tax Planning

Posted by Harry S. Margolis on January 14, 2014

By Harry S. Margolis

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Topics: MassHealth planning, special needs planning, Estate Planning

Who Should You Choose as Trustee of a Special Needs Trust?

Posted by Christina T. Vidoli on October 2, 2013

By Christina T. Vidoli

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Topics: trusts, special needs planning

"Special" or "Supplemental" Needs Trusts? - Massachusetts

Posted by Harry S. Margolis on September 10, 2013

By Harry S. Margolis

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Topics: special needs planning, Retirement Planning

Case Raises Serious Issues About Special Needs Trustees

Posted by Harry S. Margolis on September 3, 2013

By Harry S. Margolis

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Topics: special needs planning

How Not to Settle a Personal Injury Lawsuit

Posted by Harry S. Margolis on August 27, 2013

By Harry S. Margolis

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Topics: special needs planning, MassHealth, personal injury settlement

MassHealth Programs are Available to Help with At-home Care Costs

Posted by Maggie Lorenzo on June 19, 2013

By Patricia C. D'Agostino


Masshealth-Elder-Law-Attorney-Wellesley-MA-02481

Do you or someone you care about need assistance with care in order to remain living at home? If so, you or they may be eligible for assistance with the cost of the care from MassHealth.

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Topics: MassHealth planning, special needs planning, MassHealth

Pay Your Mom's Nursing Home Bill or Go to Jail - Massachusetts

Posted by Harry S. Margolis on March 5, 2013

By Harry S. Margolis


Parents are legally responsible for taking care of their children until they reach age 18.  Spouses are legally responsible for making certain that that their husbands and wives have the basic necessities of life—food, shelter, and clothing. No one seems to question whether these rules makes sense.

But should children be legally responsible for the care and basic necessities of their parents? Does it make a difference if the parents are ill or suffer from dementia? Does it matter what kind of parents they were when the children were young?

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Topics: long-term care planning, nursing homes, special needs planning, MassHealth

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