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Estate Planning and Elder Law

We believe everyone needs an estate plan, not just the rich and affluent. Let us help you formulate a plan designed specifically for you. There’s no pressure and no “up-selling”. Attorney Monteforte can determine what documents you need in your Estate Plan to protect yourself and your family. Whether it's document drafting, asset protection, or planning for nursing home care, we can help. 

Wills, Trusts & Estate Planning

In Massachusetts, we believe everyone should have a Will. It's just that simple. Without a Will, you may be leaving a mess for your family, which may include months (to even years) of waiting for distributions, additional probate costs, susceptibility to creditors' claims, estate taxes, and more. A proper estate plan should be a MUST, especially for those of us with families and young children.

Even if you have taken care to leave money or property for your loved ones after you are gone, the process for transferring that property can be much more difficult if there is no Will to consult. The Commonwealth of Massachusetts has very specific rules regarding "who gets what" if you die without a Will, and the new Mass Uniform Probate Code (MUPC) has imposed even greater restrictions. Having a proper and up-to-date Will helps ensure that what you leave behind goes where you want it to. While it’s true that “You can't take it with you,” a Will can help you direct where it goes once you're gone    

Elder Planning, and Medicaid/MassHealth

It’s very likely that most of us will require some sort of nursing home stay at some point in our lives. When it comes to long-term care, there are three ways to pay for it: (1) You have Long-Term Care Insurance in place; (2) you can pay for it yourself - private pay; or (3) MassHealth/Medicaid can pay, if you qualify. The bottom line is that, in most cases, if you have more than $2,000.00 in “countable” assets, you probably will not qualify for Medicaid. Most likely you will have to private pay for nursing home care until all of your hard-earned assets are gone, and you have nothing more than $2,000.00 left (as per Code of Massachusetts Regulations, 130 CMR 520.003).

Attorney Monteforte can help you plan for long term care so you can maximize your MassHealth eligibility and minimize personal liability. There are numerous methods for doing this, including trusts, annuities, and allowable asset transfers. At the same time, we will seek to minimize your estate tax liability. 

Let Attorney Monteforte help you protect what’s yours, so you can pass your assets on to your loved ones.

Trusts

Will a Trust help you? A Trust can be a useful tool for holding real estate, money, or other property. Also, a Trust can be used to keep certain property protected against liability, or to possibly keep property out of the probate process. Trusts can be versatile vehicles for accomplishing a number of goals. Attorney Monteforte can provide you with legal advice on various types of Trusts, and the ways they can benefit you.

 

Estates and Probate
The Mass Uniform Probate Code (MUPC)

The Mass Uniform Probate Code (MUPC) recent law updates have changed the way that we draft Wills, and the way we go through the probate process for Estates. Attorney Monteforte has experience with the new probate processes, including Will Contests, Will drafting and probate of estates. The new MUPC allows for even more customization of your Will. Attorney Monteforte has experience in the drafting of, and litigation of, trusts under the new Mass Uniform Trust Code. 

If you need an experienced attorney to help you through the probate process - from being appointed as the Personal Representative, to dealing with creditors, to making distributions and selling real estate, Attorney Monteforte can help you get through it all.

For more information, visit www.montefortelaw.com 

*Estate Planning services are provided by Attorney Monteforte, through his law office, the Law Office of Michael Monteforte Jr. Attorney Monteforte is licensed to practice law in Massachusetts and New York. For more information, visit www.montefortelaw.com