2009 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 • 2009-12-22
  • 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 ...

Preparing for 2010 - Shaping Up Your Employment Policies

  • Kevin V. Maltby • 2009-12-21
  • The end of the calendar year marks the time for business owners to finalize financials and prepare for the upcoming year. In addition to corporate governance compliance, there are other ...

Fraternization, Romance, and Liability - Reasons to Tighten Up Your Employee Handbook Right Now

  • Kevin V. Maltby • 2009-12-07
  • In the past few months, two high-profile celebrities have been in the news for having affairs with a co-workers and/or staff. David Letterman admitted on national television that he had ...

Patients' Rights - What You Can Expect from Your Doctor or Medical Facility

  • 2009-12-01
  • Every patient of a hospital or clinic and every resident of a convalescent or nursing home licensed by the Massachusetts Department of Public Health has rights, as stated in Chapter ...

Uncle Sam is Coming to Dinner - Plan Ahead and Enjoy the Holidays

  • Gina M. Barry • 2009-12-01
  • Year end is soon approaching. As you sit down for your holiday dinner, remember that soon Uncle Sam will be visiting to enjoy his share of your bounty. Despite the ...

Taxing Situation - The Rules Are Changing for Condominium Unit Owners' Organizations

  • Mark J. Beglane • 2009-11-23
  • Condominium unit owners' organizations should be aware that on July 3, 2008 the Governor signed into law "An Act Relative to Tax Fairness and Business Competitiveness.*" This act takes effect ...

When Mom and Dad Won't Move - Sweeping the Minefield of Long Distance Caregiving

  • Gina M. Barry • 2009-11-01
  • When the time comes for long-term care, most elders prefer to stay in their present location, even if staying there means being at a distance from their primary caregiver. Although ...

Estate Planning for Women

  • Julie A. Dialessi-Lafley, Esq. • 2009-11-01
  • Fast Facts: Women generally have longer life expectancies than men, so they need to save more for retirement. Many women generally spend fewer years in the workforce and earn less ...

Lien and Mean - Knowing the Rules Can Help Ensure That You Get Paid for Your Work

  • Adam J. Basch • 2009-10-26
  • While receiving payment for a project has always been a challenge, in today's economic environment, it is getting even harder. In order for a contractor (whether a general contractor or ...

Take Steps Now to Maintain Your Independence Later

  • Gina M. Barry • 2009-10-01
  • Most women can not bear to think of the day when their spouse passes away leaving them a widow, but statistically, a woman is most likely going to outlive her ...

The Sandwich Generation - What to Do When You're Caught in the Middle of Caring for Children and Parents

  • Julie A. Dialessi-Lafley • 2009-09-28
  • If you are one of the many millions of Americans who are responsible for your own personal financial needs, as well as supporting and caring for your own children, in ...

Usernames, Passwords, and Logins, Oh My! - How to Prevent a Potential Disaster for Your Heirs

  • Hyman G. Darling • 2009-09-14
  • If you pay bills and bank online, and handle much of your financial activity there, your agents under your Durable Power of Attorney, or the Executor of your Will, or ...

Cases in Point - Recent Discrimination Developments in Employment Law Provide Poignant Lessons

  • Kevin V. Maltby • 2009-09-14
  • Over the last year, there have been several recent decisions in Massachusetts employment law that may have an impact on how you hire, terminate, or address an accommodation. It is ...

10 Perils of Joint Tenancy

  • Todd C. Ratner • 2009-09-14
  • Joint tenancy is a form of co-ownership. An advantage is that when one co-owners dies, the surviving co-owner instant has access to the jointly held property, eliminating the need for ...

The Life Estate Deed - One Option for Protecting Your Home

  • Gina M. Barry • 2009-09-01
  • After spending many years raising a family in the family home, the home is commonly the family's largest and most cherished asset. As such, protecting the home from nursing home ...

Protecting Personal Information - New Law Affects Virtually Every Business in the Commonwealth

  • Jeffrey I. Fialky • 2009-08-17
  • The state of the security of personal information is changing drastically, and the law is evolving accordingly. In August of 2007, a new law was signed by Governor Patrick relative ...

Moving Forward with a Reverse Mortgage

  • Gina M. Barry • 2009-08-01
  • A multitude of seniors, having paid off their mortgages many years ago, currently own their homes free and clear. Some are fortunate, and they have a nest egg that, along ...

Is It Time to Update the Estate Plan? - Consider These Triggering Events to Avoid Potentially Disastrous Results

  • Todd C. Ratner • 2009-08-01
  • One of the most significant gifts that you can give your family is a well-planned estate that saves them money, time and taxes, and spares them from complexity in the ...

Twenty Phrases that Can - and Will - Kill Ideas

  • Eugene B. Berman • 2009-07-20
  • "We tried that before.""Don't be ridiculous.""It costs too much.""It can't be done."You can read more at the link below.

High-Tech Startup Businesses in a Recession - Why now is the right time for opportunistic entrepreneurs

  • Jeffrey I. Fialky • 2009-07-06
  • If you have been examining the idea of starting up a new business, or perhaps expanding into a new niche of your current business, would you consider now to be ...

Security of Your Medical Records - From HIPAA to the Health Information Technology for Economic and Clinical Health Act

  • Richard T. O'Connor, Esq. • 2009-07-01
  • Your medical record is full of very personal information. It is not unusual that such a repository of confidential information may be of great interest to others - relatives, employers ...

The Basic Estate Plan: Don't Leave Home Without It

  • Gina M. Barry, Esq. • 2009-07-01
  • Summer is just around the corner, and many will be heading off for vacation. Some will visit far away places. Others will travel to see family or friends. When planning ...

Ten Points About: Obtaining Business Credit

  • Gary G. Breton, Esq. • 2009-06-08
  • Create a "snapshot" of your company at a specific point in time. This is usually your company's most recent financial statements, which provide a lender with a detailed and comprehensive ...

What to Pay First - How to Prioritize Your Payments When Finances Are Tight

  • Greta LaMountain, Esq. • 2009-06-08
  • Consumer clients often come to bankruptcy lawyers when they have been battling for weeks or months, trying to determine which bills to pay and which can be delayed or avoided ...

Keeping the Court Out of Your Personal Decisions

  • Gina M. Barry, Esq. • 2009-06-01
  • Every year, numerous petitions are filed with the court seeking the appointment of a guardian to make decisions for a person who has lost their ability to make their own ...

Planning Ahead - How to Save Your Nest Egg From Nursing-home Costs

  • Gina M. Barry, Esq. • 2009-05-25
  • You have spent the majority of your life working and building your nest egg so that your retirement will be well funded. Unfortunately, retirement comes at a time when the ...

Is an IDIOT Trust Ever a Smart Choice?

  • Gina M. Barry, Esq. • 2009-05-01
  • When it comes to protecting assets from nursing home costs, many believe that the solution is to place those assets in a trust. In some circumstances, establishing the type of ...

Reverse Mortgage - It Could Be the Most Useful Tool in Your Financial Toolbox

  • Julie A. Dialessi-Lafley, Esq. • 2009-05-01
  • Many seniors are self sufficient and independent people with strong wills and character to match. However, it is not easy to maintain that feeling of independence when lying awake at ...

The Battle over Social Media - Balancing Your Marketing Department's Need with an Employer's Desire to Block Access

  • Christine Pilch and Kevin V. Maltby, Esq. • 2009-04-27
  • Social media, i.e. Facebook, LinkedIn, Twitter, blogging, YouTube, etc, are essential elements to many contemporary marketing campaigns. Their application has contributed great strides in the battle to level the playing ...

Ten reasons to hire a lawyer for domestic-relations proceedings

  • Melissa R. Gillis • 2009-04-27
  • You don't know the law. Pro-se litigants frequently encounter road blocks that can cost not only time and money, but missed deadlines and case dismissals. Limited Assistance Representation. The Court ...

Lien and Mean - How a Contractor's Failure to Pay Bills Can Become Your Liability

  • Adam J. Basch, Esq. • 2009-04-13
  • It should come as no surprise that if you hire a contractor to make improvements to your property, and you fail to pay him or her, the contractor has a ...

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

  • Gina M. Barry • 2009-04-08
  • We've all 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 ...

The Uniform Probate Code - Enhanced Protection Available for Those Needing Guardianship

  • Hyman G. Darling, Esq. • 2009-03-30
  • A new law will be effective in Massachusetts as of July 1, 2009 relative to guardianships. This issue has been debated and discussed for over twenty years, and this law ...

Business and Residential Finance Issues - Making Lemonade out of an Economic Lemon

  • Francis R. Mirkin, Esq. • 2009-03-16
  • In Charles Dickens' A Tale of Two Cities, Sidney Carton utters a famous line set in the time of the French Revolution, "It was the best of times; it was ...

Ten Misconceptions about: Bankruptcy

  • Justin H. Dion, Esq. • 2009-03-16
  • Bankruptcy is a process mainly used by people who are reckless and overspend on luxury items. Reality: the majority of those who file are honest, hardworking people who have fallen ...

"Means Test" or "Just a Mean Test": An Examination of the Requirement That Converted Chapter 7 Bankruptcy Debtors Comply With Amended Section 707(B)

  • Justin H. Dion, Esq. • 2009-03-09
  • Introduction Congress's motivation behind the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereinafter "BAPCPA") was that "'there is something inherently unfair about denying full restitution to creditors."' [FN1] ...

It's a Sour Subject - Understanding the Bay State's Various Lemon Laws

  • Kevin V. Maltby, Esq. • 2009-03-02
  • The current economy has impacted the automotive industry. It is clear from current car advertisements on the television and the newspaper that it is a buyer's market. Some advertisements even ...

Recognizing Elder Abuse - Grandma's Broken Glasses, and Other Subtle Signs of Trouble

  • Gina M. Barry, Esq. • 2009-03-02
  • Regardless of age, all people deserve to be treated with dignity, respect, and in a fashion that keeps them safe from physical, emotional, and financial harm. This is particularly relevant ...

Your Place or Mine? - Providing Care for Aging Parents

  • Gina M. Barry, Esq. • 2009-03-01
  • When an aging parent needs assistance to live at home, many children opt to provide the care. Often, the parent will not agree to hire professionals due to their inability ...

Ten Questions Not to Ask During an Interview

  • Kevin V. Maltby, Esq. • 2009-02-16
  • When did you graduate high school? This question is impermissible when it is designed to determine the age of an employee. Employers should stick to the employee's resume and any ...

Age-old Question - When Should You Begin Receiving Social Security Benefits?

  • Todd C. Ratner, Esq. • 2009-02-02
  • More than 91% of current retirees receive monthly benefits from the government program referred to as Social Security. The program is very important to seniors, as nearly three out of ...

The Pitfalls of Estate Planning - Sweeping the Minefield of Long-distance Caregiving

  • Gina M. Barry, Esq. • 2009-01-29
  • When the time comes for long-term care, most elders prefer to stay in their present location, even if staying there means being at a distance from their primary caregiver. Although ...

Ten Points About : Hiring a Home Contractor

  • Adam J. Basch, Esq. • 2009-01-16
  • Just as an employer checks the references of someone seeking employment, a homeowner should check the references of a contractor. Ask to see some of the homes he has worked ...