2006 Articles

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'Tis the Season . . . to Review Your Estate Plan: A New Year's Resolution That's Easy to Keep

  • Gina M. Barry, Esquire • 2006-12-21
  • It's the time of year for New Year's resolutions. Most resolutions are so cumbersome, the maker of the resolution is unable to keep the resolution, which is self-defeating. A simple ...

Passing the Baton: The Importance of Succession Planning in Business

  • Martin C. Dunn, Esquire • 2006-12-20
  • The baton may go to those who plan best, not to the swiftest. Succession: The $10 Trillion Question An article posted on the Small Business Administration's web site (Family-Owned Business ...

Down in Black and White - The Latest Word on Company Handbooks

  • George O'Brien • 2006-12-19
  • The employee handbook has been part of the business landscape for decades, and its basic purpose - to inform workers of a company's policies and operating philosophies - hasn't changed. ...

When a Loved One Passes Away - Steps to Take Even If You Think There Is No "Probate" Estate

  • Lisa L. Halbert, Esquire • 2006-12-18
  • The passing of a parent, spouse, partner or good friend is never easy to address or contemplate. In addition to the physical and emotional loss, the mere thought of navigating ...

Power of Attorney - Designating Someone to Handle Your Financial Matters

  • Bruce M. Fogel, Esquire • 2006-12-16
  • As you may have already heard or read, a Durable Power of Attorney (DPA) is a very important and beneficial document to have available, not only as you age, but ...

What Brownfields Can Do for You - How Some Developers are Spinning Environmental Contamination into Gold

  • Jeffrey I. Fialky, Esquire • 2006-12-03
  • Generally speaking, Brownfields are contaminated properties. Be it oil, detergents, polychlorinated biphenyls, (PCB's,) or some other volatile organic compound, (VOC) or contaminate, a Brownfield is generally considered an environmental headache. ...

Calm Before the Storm - Dealing with Secured Lenders When Times Become Tough

  • Justin H. Dion, Esquire • 2006-12-01
  • Most small businesses are financially cyclical to some extent, with some days, weeks, months and years better than others. Although good financial planning can lessen the impact of economic downturn, ...

Co-owning Property with Your Spouse or Children - How To Chose the Right Type of Ownership

  • Hyman G. Darling, Esq. • 2006-11-18
  • There are three principal types of ownership (tenancies) relative to real estate. The most familiar is what is known as joint tenants. This means that if one person dies, the ...

Timing is Everything-or Is It? - Cortez Challenges the "Snapshot" Approach to Analyzing Abuse Pursuant to 11 USC - 707(b)

  • Justin H. Dion, Esquire • 2006-11-17
  • It has been said that life is all about timing. This is especially true when examining someone's financial status. Someone could be solvent today and insolvent tomorrow (or vice versa). ...

Tripping over the Fine Print - How to Avoid Pitfalls When Negotiating Vendor Agreements

  • Jeffrey I. Fialky, Esquire • 2006-10-19
  • Samuel Goldwyn once said, "A verbal contract isn't worth the paper it's written on." Are the days of a handshake deals gone once and for all? Perhaps. Businesses and customers ...

The New Bankruptcy Law: Assessing The Law's Impact on Women

  • Justin H. Dion, Esquire • 2006-10-18
  • It is well understood that consumer bankruptcy is designed to assist someone to obtain a "fresh start," which in most cases entails discharging some, if not all, debts and obligations. ...

Top 10 Estate Planning Mistakes - And All of Them Can Be Easily Corrected

  • Brett A. Kaufman, Esq. • 2006-10-17
  • To err is human and to correct is divine. If you have an existing estate plan and haven't revisited it for several years, or you never thought you needed one, ...

The Will That Won't - Should it be Contested?

  • Gina M. Barry, Esquire • 2006-10-16
  • You neighbor just received terrible news. Her mother, who was an elderly widow, has passed away. Although your neighbor was estranged from her mother for a number of years before ...

Expecting Mom? Expecting Dad? - How Much Leave Should You Expect?

  • Kevin V. Maltby, Esquire • 2006-10-03
  • Many expectant parents have questions about how much leave they are entitled to after the arrival of a new child. The laws are different for expectant mothers and fathers. Depending ...

Vacation Home Co-ownership - Proper Documentation Can Help Avoid Some Headaches

  • Todd C. Ratner, Esquire • 2006-10-02
  • When Michael and his wife, Alice, began looking at weekend homes on Cape Cod, it quickly became apparent they could not undertake the financial burden alone. Fortunately, they had friends ...

Homestead Declaration Sweet Homestead Declaration

  • Gina M. Barry, Esquire • 2006-10-01
  • Very often, a person's home is their most valuable asset, and they take many steps to protect their investment. These steps include securing homeowner's insurance and spending countless hours and ...

Health Care Proxies and Powers of Attorney - Providing Your Voice When You Are Unable to Speak for Yourself

  • Gina M. Barry, Esquire • 2006-08-21
  • If you were to become incapacitated and unable to make your medical and financial decisions, do you know who would speak for you? Ideally, you have executed formal legal documents, ...

Be Careful with Handshake Deals - The Recipe for Business Agreement Success Calls for More Than a Pinch of Trust

  • Julie A. Dialessi-Lafley, Esq. • 2006-08-21
  • Cooking up a successful business relationship requires trust between the parties involved, but having an agreement in writing is essential to the mix. A lack of agreement and understanding of ...

Where There's a Will, There's an Heir

  • Gina M. Barry, Esquire • 2006-07-30
  • Many have heard the expression, "where there's a will, there's a way," but among estate planning specialists, we have changed the old adage some, that is, to "where there's a ...

People, Even Young Ones, are Not Invincible - Health Care Proxies Are Not Just for People 50 and Over

  • Brett A. Kaufman, Esq. • 2006-06-29
  • Facing your own mortality is a difficult concept to come to terms with. There are several scenarios that younger individuals must be aware of that may leave you unable to ...

Your Will Means Your Way - A Look at the Most Overlooked and Undervalued Estate Planning Tool

  • Julie A. Dialessi-Lafley, Esq. • 2006-06-26
  • Your Will means your way, and this is a powerful reality. We've all heard a horror story from a family member or friend, or have lived through one ourselves involving ...

Capital Ideas - Business Financing in a Rising-interest-rate Environment

  • Gary G. Breton , Esq. • 2006-06-19
  • Business funding has become more challenging lately as rates are on the rise and venture capital seems to have dried up. Yesterday's obvious funding solutions may seem to be a ...

A Sense of Community - Assisted Living Facilities - A Means to Live Independently Longer

  • Hyman G. Darling, Esq. • 2006-06-19
  • One relatively recent residential opportunity for older adults is the option to live in an assisted living facility. These are not skilled nursing facilities, like nursing homes, but they do ...

The Medicaid Rules Have Changed, but the Planning Continues

  • Gina M. Barry, Esquire • 2006-05-30
  • Last month, this article reviewed the changes to the Medicaid program resulting from the enactment of the Deficit Reduction Act of 2005 ("DRA") on February 8, 2006. The changes reviewed ...

License to Chill - 'Tis the Season for Liquor-serving Establishments to Act Responsibly

  • Julie A. Dialessi-Lafley, Esq. • 2006-05-30
  • The season of spring is the first ingredient in the recipe for profit for most bars, restaurants, clubs and lounges. The next few favorably-weathered months will also see an abundance ...

Additional Evidence - Bacon & Wilson Adds New Attorney to Westfield Office

  • George O'Brien • 2006-05-30
  • Steve Krevalin says it took one lunch for him to know the move made perfect sense - for both parties. He was referring to the addition of long-time Westfield attorney ...

Good News for Landlords - Bankruptcy Law Revisions Make it Easier to Evict

  • Justin H. Dion, Esquire • 2006-05-15
  • It can be tough being a landlord in Massachusetts. In addition to the everyday hassles, such as dealing with ornery tenants and rent collections, there are also long term considerations, ...

Medicaid Madness Continues as the Rules Change Once Again

  • Gina M. Barry, Esquire • 2006-04-30
  • On February 8, 2006, President Bush signed the Deficit Reduction Act of 2005 ("DRA") and significantly changed the Medicaid rules. Medicaid is a joint federal and state program that provides ...

The Power Of Planning: Legal Tools You Can Use To Avoid Guardianship and Conservatorship

  • Julie A. Dialessi-Lafley, Esq. • 2006-04-19
  • In last month's issue of The Healthcare Ledger, I discussed the role, purpose and function of guardians and conservators. In this article, I will highlight the important legal documents that ...

Some Advice - on the House - Deadly Sins of a Home Improvement Project

  • Adam J. Basch, Esq. • 2006-04-19
  • For most people, their home is their most prized possession. This is often true from both a financial standpoint, as well as a sentimental one. Both aspects of your attachment ...

Shaking The Money Tree - There Are Many Options for Finding Cash for Your Strapped Business

  • Julie A. Dialessi-Lafley, Esq. • 2006-04-19
  • Money. Money. Money. Whether it is start up capital, cash flow injection or purchasing power, every business needs money. Cash is "King." We all have heard the saying, and it ...

Elder Abuse - Unveiling the Dirty Little Secret

  • Gina M. Barry, Esquire • 2006-04-12
  • All people, regardless of age, deserve to be treated with dignity, respect and in a fashion that keeps them safe from physical, emotional and financial harm. This is particularly true ...

Your Place or Mine? - Addressing the Caretaker Child Conundrum.

  • Gina M. Barry, Esquire • 2006-03-13
  • When an aging parent needs assistance to continue to live at home, many children opt to provide the needed care personally. Often, the parent will not agree to hire health ...

How to Hire a Lawyer - The Yellow Pages Is Not the Place to Begin a Search

  • Michael B. Katz, Esquire • 2006-03-07
  • At some point in life, everyone needs to consult with an attorney, but there are many things that should be considered when trying to find the right one. Where to ...

Getting Paid for Your Work

  • Adam J. Basch, Esq. • 2006-03-07
  • If you have ever had to file a lawsuit to collect a debt, you will agree; the bottom line is getting paid. Quite simply, if you are owed money, you ...

Guardians And Conservators: Who are They? What Do They Do? Can You Avoid Them?

  • Julie A. Dialessi-Lafley, Esq. • 2006-03-07
  • Planning has become a way of life. Most of us have daily, weekly and monthly planners. We plan strategically in our careers and our investments, we plan our vacations and ...

Medicaid Proposals Will Strain Everyone

  • Julie A. Dialessi-Lafley, Esq. • 2006-02-17
  • Whoever said change is not always bad, obviously did not see the new proposed rules for Medicaid. Medicaid or MassHealth as we know it in Massachusetts is a joint federal-state ...

Prescription For Progress - Taking The Mystery Out Of Medicare Part D and Its Enrollment Decisions

  • Gina M. Barry, Esquire • 2006-02-17
  • Approximately 42 million Medicare beneficiaries will be offered coverage for prescription costs through the new Medicare Prescription Drug Improvement and Modernization Act of 2003, which became law on December 8, ...

My Home Sweet Home - How to protect your personal residence from Medicaid Recovery

  • Julie A. Dialessi-Lafley, Esq. • 2006-01-17
  • My home sweet home is my most valuable asset. My home is where my heart is. I do not want to lose my home, home on the range. The question ...

Business in a Box - Is Franchising Risk Worth the Potential Payoff?

  • Todd C. Ratner, Esquire • 2006-01-16
  • Frustrated middle managers, executives looking for a career change and blue-collar workers seeking financial independence alike are enticed by the idea of starting their own enterprise by purchasing a franchise. ...