Moschella & Winston, LLP Your Legal Advisor for Life

Special Needs Trust Had Properly Drafted Provisions

By Neal A. Winston

A recent case demonstrates the importance of the proper planning and drafting of a special needs trust in order to keep those funds from reducing or terminating Medicaid and other public benefits. Challenging a MassHealth decision, however, should be determined on a case-by-case basis.

Spouses and children receiving court-ordered support may also be eligible for needs-based public benefits such as MassHealth (Medicaid) and Supplemental Security Income (SSI). Both programs are income sensitive, and support that is directly received, including child support to the custodial parent, can cause these benefits to be reduced or terminated. However, if a Court orders the support to be paid directly into a Special Needs Trust (SNT) drafted with certain provisions, then the support would not be countable as it goes into the trust.  Distributions from the trust can then be structured in such a way as to have minimal or no effect whatsoever on public benefits received by the beneficiaries.  (more…)

Did you know that as many as 70 percent of Americans die without a will ⁽¹⁾? If that statistic applies to you and doesn’t scare you, then you haven’t thought about what this means for your loved ones. If you die “intestate,” meaning without a will, you leave it up to the State and the courts to decide how your property and financial assets will be distributed. At that point it will be too late to express your wishes and more importantly, protect your loved ones. You also open the door for a much more complex and lengthy court process, especially if family members disagree with how your assets are being divided. All of this can be avoided with a few essential estate planning documents. (more…)

Special needs attorney Neal A. Winston briefly describes special needs trusts in this video

Special and supplemental needs trusts serve two primary purposes — protecting government support and managing funds for the benefit of those who are not capable of managing funds themselves. Attorney Neal Winston regularly assists parents who may be doing estate planning for a disabled child with their own assets, or setting up planning for a disabled minor or adult who has received funds through an accident or inheritance. In each case, it  imperative that an attorney who is experienced with special needs trusts, carefully reviews the individual’s needs in order to recommend and design the proper trust model. According to Neal, “I like to make the trusts that I draft flexible so that they can be adapted over the years to the changing needs of the individual and governmental programs.”

Neal recently served as president of the Special Needs Alliance, a national, not for profit organization of attorneys dedicated to the practice of disability and public benefits law. Individuals with disabilities, their families and their advisors rely on the SNA to connect them with nearby attorneys who focus their practices in the disability law arena. (more…)

Boston Elder Law Attorney

Attorney Alex Moschella describes his passion and commitment to elder and disability law, which spans more than 30 years — including teaching elder law at Boston’ Suffolk Law School (his alma mater). Alex enjoys helping people who are vulnerable — helping them to overcome adversity and overwhelmig difficulties navigating government agencies, and to hold on to their hard earned savings.

Please get to know Alex by watching the video below.

See more videos by our Massachusetts estate planning attorneys.

You can reach Alex at (617) 776-3300.

Massachusetts Special Needs and Disability Lawyer

Neal Winston is a founding partner of Moschella & Winston, a Boston-area estate planning law firm. In this video, Neal explains his background from working as a VISTA volunteer to helping people solve their problems with governmental agencies such as Social Security, which led to him becoming an elder law attorney. Neal has furthered distinguished his work as an estate and trust attorney by serving children and adults with special needs as a special needs attorney. He has been president of the Special Needs Alliance, a national non-profit lawyers group dedicated to serving children and adults with special needs.

For more information, please watch the video below.

See the related video: What is a Special Needs Trust?

See our comprehensive FAQ on Special Needs Trusts.

To contact Neal Winston, please call (617) 776-3300.

A Massachusetts probate attorney answers common legal questions about how to handle the estate of a family member or other loved one who has died

By Michelle Mulvena

The death of a loved one is often a very emotional and confusing time for the family. Most of the time the family does not know where to begin when a father, mother, husband or other family member passes away. The loved one’s assets need to be located, bills need to be paid, homes need to be taken care of, and Social Security and other government agencies may need to be notified. In many instances, this can become a complicated and overwhelming process. In the immediate aftermath of the death of a family members, there are many things to consider. Here are a few critical questions to get started:

• Did your loved one leave a will? Check such places as the safe, strong box, bank deposit box, or contact your loved one’s attorney to see if they have the will.
• Did you notify Social Security Administration? If your loved one was receiving Social Security benefits, the Social Security Administration will need to be notified to stop benefits immediately. Sometimes the funeral home or the bank, if they have notice of the death, will notify Social Security for you.
• Are there bills that need to be paid immediately? Unless your loved one had a joint bank account, funds may not be accessible to pay bills until an “executor” or “administrator” is appointed by the Probate Court.
• Does the deceased own real estate? There are many expenses associated with real estate that may need to be paid and rents may need to be collected.

It is always best to consult with an attorney who is experienced with probate administration to help you answer these questions and guide you through the probate process. The attorneys at Moschella & Winston are dedicated to estate planning and administration services for families and individuals. Located in Somerville, MA, we serve families throughout the Boston metro area and across Massachusetts. If you would like to discuss the steps involved and learn more about handling estate settlement issues due to the death of a loved one, please call us at 617-776-3300. We have helped many, many people deal with these sometimes complicated issues that require proper attention during a difficult, emotional time.

• Learn more about our Probate Administration services.
• Read our Probate Adminstration FAQ.

Michelle Mulvena is a trust and estate attorney at Moschella & Winston, LLP, a Boston-area law firm specializing in legal planning and protection for individuals and families for over 30 years. She is also host of the Somerville Cable TV show, “Legally Speaking with Michelle Mulvena.”  Please contact her at mm@moschellawinston.com or (617) 776-3300.

New Massachusetts law allows establishing a trust for the care of one or more animals

It is a proven fact that pet owners live longer, happier lives.  After all, there is nothing better than coming home after a hard day to wagging tails and happy meows. In most homes, pets are considered members of the family. So shouldn’t we do everything we can to protect them? Although many individuals set up an estate plan to protect their families and loved ones upon their death, until recently, no such security was available for our pets and animals. However, new legislation now provides Massachusetts pet owners with a legally enforceable method to protect the future wellbeing of their furry family members.

What is a pet trust?

In the past, pet owners had little say over how their animals were to be cared for upon their death. Many had chosen to designate money and appoint an individual in their wills for pet care, but there was no real legal obligation to carry out their wishes – until now. The Massachusetts Pet Trust Bill recently signed by Governor Deval Patrick allows pet owners to establish a pet trust and set aside funds for their animals, along with specific instructions for care, exercise and diet. Additionally, pet owners can designate a caregiver as well as appoint a Trustee, who will ensure that all directions are carried out accordingly.  If the terms of the trust are not met the Trustee will be held accountable, possibly even removed and replaced.

Not only will a pet trust give you peace of mind and ensure that your pet’s daily routine and lifestyle will not be disrupted, but it will drastically reduce the number of animals forced to enter shelters and rescues because their owners have passed away.  For all the love and joy our pets bring to us we can now make sure their future needs are protected.

Learn more about estate planning for pets

Have you considered what is to happen to your animal family members upon your death? If you would like to discuss the concept of estate planning for your pets, please call Michelle Mulvena at 617-766-3300.

Michelle Mulvena is a trust and estate attorney at Moschella & Winston, LLP, a Boston-area law firm specializing in legal planning and protection for individuals and families for over 30 years. She is also host of the Somerville Cable TV show, “Legally Speaking with Michelle Mulvena.”  Please contact her at mm@moschellawinston.com or (617) 776-3300.

Attorney Michael Couture will be participating in the Arlington Council on Aging (COA) “Families Caring for Mom and Dad” Health Care Fair. The Health Care Fair will be held on Saturday, June 18th, at the Arlington Town Hall, located at 730 Massachusetts Avenue, from 12:30 pm to 4:30 pm.

The goal of the Health Care Fair is to educate seniors and their families on the many resources available to seniors. Experienced professionals will be at the Health Care Fair to answers questions such as:

• “Something seems wrong with Mom, but we don’t know what it is?”
• “How do we tell Dad we think he should stop driving?”
• “How will Mom and Dad get to the doctor’s appointment if they can’t drive?”
• “How do we know this home care service is reputable?” “Is this service covered by health insurance?”
• “How should I make a financial plan?”
• “Are there alternatives to taking all these expensive drugs?”
• “Do I need a will?”
• “How do I apply for Veterans’ Benefits?”

More than 30 exhibitors will provide information and answer questions about senior programs and services, including diabetes counseling, healthy eating advice, home health and rehabilitation programs, and physical therapy services. Additionally, there will be blood pressure and vision screenings, an exercise demonstration (participants can join in), discussions on Memory Loss and Alzheimer’s Disease as well as Round Table Discussions.

Come join us and take a few moments to speak with Attorney Couture.

Michael R. Couture is an associate at the law firm of Moschella & Winston, LLP, where he specializes in Veterans’ benefits, Veterans’ healthcare, Medicaid, Social Security, special needs law, and estate planning. He is an accredited attorney with the Department of Veterans Affairs, as well as a member of the National Academy of Elder Law Attorneys and the Massachusetts Bar Association.

Spring has sprung!  Time to dust off the cobwebs of winter and let the light shine in.  Spring is a good time to dust off the cobwebs of those old estate plans you did five or ten plus years ago when the kids were babies.  Well the kids are all grown up with babies of their own now.  Your life circumstances and assets have probably changed considerably too.  Not to mention the laws have changed as well and may impact your estate plan, particularly the Medicaid and estate tax laws.

Is Your Will Up to Date?

Reach deep into the back of your closet and pull those Wills out of mothballs and ask yourself some questions:

• Does the Will still reflect my wishes?
• Is the Will enough?  Should I consider a trust?
• Have my family circumstances changed?
• Have my assets changed?
• Is it time to consider protecting my assets in case I need a nursing home later?
• Do I need to be concerned about estate taxes?

What’s in an Estate Plan?

Estate plans should really be reviewed every three years.  The foundation of any estate plan must include a:

• Will
• Health Care Proxy
• Durable Power of Attorney.

Trusts are important as well, but whether you need one, or need to revise your current trust, will depend on your individual circumstances.

So include your estate plan as part of your spring cleaning this year and stay ahead of the curve.  Proactive planning is the best plan there is. To learn more about our estate planning services, please visit our Estate Planning FAQ on our website.

Michelle Mulvena is an attorney at Moschella & Winston, LLP, a law firm specializing in legal planning and protection for individuals and families for over 30 years. She is also host of the Somerville Cable TV show, “Legally Speaking with Michelle Mulvena.”  Please contact her at mm@moschellawinston.com or (617) 776-3300.

The March/April episode of Legally Speaking with Michelle Mulvena. This episode discusses the new Massachusetts homestead protection law, and the current housing market climate and the impact on estate planning.

See this related article by Michelle: Protect Your Home with a Homestead Declaration.