2012 Articles

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The Massachusetts Benefit Corporation A New Entity Has Been Created for Socially Responsible Businesses

  • Jeffrey I. Fialky • 2012-12-17
  • While businesses continue to move forward throughout difficult and uncertain fiscal times, some companies have chosen to ensure that their growth and prosperity is not only directed towards the benefit ...

Designating Beneficiaries: A Critical Step to Allocating Your Assets as You Desire

  • Hyman G. Darling • 2012-12-01
  • The beneficiaries and back-up beneficiaries named on retirement plans and life insurance policies must be carefully considered and properly designated. A single person without children, for example, may want siblings, ...

Uncle Sam is Coming to Dinner - Act Now for Year-End Tax Planning

  • Gina M. Barry • 2012-12-01
  • Year end is soon approaching. As you sit down for your holiday dinner, remember that soon Uncle Sam will be visiting you to enjoy his share of your bounty. Despite ...

Cost/Benefit Analysis: Thinking About Moving Your Business Financing Across the Street?

  • Gary G. Breton • 2012-11-05
  • So....you, as a business owner, have finally made a decision, (or have at least given it a great deal of thought,) to take your company's business financing needs to another ...

The Legal End of Alzheimer's A Diagnosis Leads to Special Legal, Financial Issues

  • Todd C. Ratner • 2012-11-01
  • The diagnosis of Alzheimer's disease can be heartbreaking for both the person afflicted with the illness and their family members. Alzheimer's, a common form of dementia, is a brain disorder ...

Caregiver Stress - The Next Epidemic?

  • Gina M. Barry • 2012-11-01
  • "I'm so stressed out!" Certainly, all of us have made this proclamation. Take a moment now to think of how you felt at that time, and you will get a ...

Caring for Your Ailing or Aging Parent - Know and Fully Understand the Personal and Financial Ramifications

  • Hyman G. Darling • 2012-10-01
  • Caring for a parent is often considered a job or a task. But what if your family turned this situation around and looked at it as a rewarding experience that ...

Keeping the Court Out of Your Personal Decisions

  • Gina M. Barry • 2012-10-01
  • Each year, numerous petitions are filed with the court seeking the appointment of a guardian and/or conservator to make decisions for a person who has lost their ability to make ...

Dollars and Sense: Is This the Right Time to Refinance Your Mortgage?

  • Donna L. Wexler • 2012-09-10
  • Over the past several months, the mortgage interest rates have dropped to the lowest they ever have been in history. It's anybody's guess if they will continue to drop, but ...

Good Grief! - How to Properly Prepare Your Family to Handle Your Death

  • Gina M. Barry • 2012-09-01
  • Imagine that today you pass away. Your loved ones would be devastated, but they would, nonetheless, be called upon to tend to your final affairs - arranging your funeral, managing ...

Protecting Assets from Nursing Home Costs

  • Gina M. Barry • 2012-09-01
  • Long term care costs can deplete your assets at an alarming rate. Of all Americans aged 65 or older, approximately 43% will enter a nursing home during their lifetime. The ...

Oh Dear, College is Here! - How can I get my Ex to Help Pay?

  • Melissa R. Gillis • 2012-08-27
  • If you divorced your ex-spouse when your kids were young, it is possible that you did not consider the funding of your children's college education in your support order. Now ...

Vacation? Establish an Estate Plan Before Your Trip

  • Gina M. Barry • 2012-08-15
  • Vacation season is upon us, and it seems that everyone is planning to get away. Are you planning a trip? Perhaps you will head to the shore to enjoy the ...

Elders and Driving: The Delicate Balance Between Safety and Independence

  • Hyman G. Darling • 2012-08-01
  • Every so often there is an article or news item that features an elder driver who has had an unfortunate accident. We hear reports of drivers who hit the wrong ...

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

  • Gina M. Barry • 2012-08-01
  • We've all heard the expression, "where there's a will, there's a way," but among estate planning specialists, the old adage becomes "where there's a Will, there's an heir." We have ...

Usernames & Passwords & Logins, Oh My! Preventing a Disaster for Your Heirs

  • Hyman G. Darling • 2012-07-26
  • 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 ...

Demystifying the Health Care Proxy

  • Todd C. Ratner • 2012-07-11
  • An essential estate planning tool is a heath care proxy. This document allows a designated person called a health care agent to make health care decisions for you if you ...

Bankruptcy Filing on Your Horizon? - Take Some Simple Steps to Protect Potential Future Inheritances

  • Spencer A. Stone • 2012-07-02
  • Bankruptcy can help you make a fresh start and provide tremendous emotional relief, but it may also negatively impact any potential future inheritances that you may be entitled to receive. ...

Crosses to Bear: Health Care Proxies and How Religious Beliefs May Affect Them

  • Lisa L. Halbert • 2012-07-01
  • A Massachusetts Health Care Proxy, once properly executed, allows you to appoint another to make health care decisions for you at a time when you can not make informed decisions ...

Wills vs. Trusts - Which is Right for You?

  • Gina M. Barry • 2012-07-01
  • One of the most common decisions you will face when establishing an estate plan is whether to create a Will or a Revocable Trust. Both Wills and Revocable Trusts are ...

The Expectant Employer: Understand Your Obligations for Maternity and Paternity Leave

  • Kevin V. Maltby • 2012-06-18
  • At any given time, a female employee may approach you and share the wonderful news that she is pregnant. Similarly, a male employee may approach you with the news that ...

The Sandwich Generation: Coping with Being Stuck in the Middle, Caring for Parents and Kids

  • Lisa L. Halbert • 2012-06-01
  • They call it the "Sandwich Generation," those individuals who care for their young, college-aged, adult, or boomerang kids, while at the same time caring for and parents or in-laws who ...

Is an IDIOT Trust Ever a Smart Choice?

  • Gina M. Barry • 2012-06-01
  • 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 ...

Factors in Determining Whether to Incorporate

  • Jeffrey I. Fialky • 2012-05-31
  • Individuals forming new business enterprises, or perhaps those whose business enterprises have matured to the standpoint of pursuing the next level, often approach their accountants and attorneys when considering whether ...

Ethical Wills Document Allows You to Bequeath More than Material Possessions

  • Gina M. Barry • 2012-05-01
  • To my daughter, I leave my passion for knowledge . . . To my son, I leave my love of laughter . . . When the time comes for you ...

Staying at Home - Considerations for Elders and Their Caregivers

  • Gina M. Barry • 2012-05-01
  • Many elders live independently and fiercely guard their independence. When additional care becomes necessary to keep the elder healthy and safe, these elders prefer to stay in their home instead ...

Peace of Mind: A Health Care Proxy Ensures That Wishes Will Be Honored

  • Kathleen Mitchell

    • 2012-04-09
  • No one likes to think about what might happen if they were in a serious accident or had a disease that left them unable to speak and make their wishes ...

Insurance and Autistic Children: Update to ARICA Is Changing the Picture for Many Families

  • Melissa R. Gillis • 2012-04-01
  • Having a child with Autism creates many challenges, not the least of which is the potential financial impact on your family. Until recently, many families were burdened with a mountain ...

Insurance and Autistic Children: Update to ARICA Is Changing the Picture for Many Families

  • 2012-04-01
  • Having a child with Autism creates many challenges, not the least of which is the potential financial impact on your family. Until recently, many families were burdened with a mountain ...

Establish an Estate Plan Before Your Trip

  • Gina M. Barry • 2012-04-01
  • Spring has sprung, and it seems everyone is planning to get away. Are you planning a trip? Perhaps you will head to the shore to enjoy the weather or you ...

A Time for Change: Measure Reforming Alimony Is Certainly History in the Making

  • Melissa R. Gillis • 2012-03-12
  • Get ready payors and recipients, a new statute is in town, and after so many years it's finally about alimony. In a historic move, Governor Deval Patrick signed into law ...

Testamentary Capacity: The Concept of 'Sound Mind' Is Not a Black-and-White Matter

  • Todd C. Ratner • 2012-03-01
  • At the turn of the 20th century, the average life expectancy was a mere 49 years and dementia was a rare phenomenon. Today's average life expectancy exceeds 77 years. As ...

The Life Estate Deed - One Option for Protecting Your Home

  • Gina M. Barry • 2012-03-01
  • The most cherished asset in most families is the family home. In many cases, the family home is also the largest asset. Typically, protecting that home from nursing home costs ...

Long-Term Care for Elderly - Facing the Future

  • Philip R. Smith • 2012-02-16
  • Long term care and how to pay for it continues to be a major concern for Americans and our federal, state, and local governments. It can be defined as services ...

Asset Protection Planning: Strategies for saving your money from nursing home expenses

  • Lisa L. Halbert • 2012-02-15
  • Asset protection planning concerns organizing your assets and affairs to guard against risk. There are many reasons to consider this type of planning, including an anticipated bankruptcy, large tax problem, ...

The Do-not-resuscitate Order: Understand the Significance of This Important Document

  • Hyman G. Darling • 2012-02-01
  • Paramedics are often called to a home because of an emergency situation. In such instances, most people wish to be resuscitated or defibrillated in order to maintain their life and ...

For the Love of Your Partner . . . Plan Now

  • Gina M. Barry • 2012-02-01
  • Times have changed, and many committed couples are now choosing to delay marriage, sometimes indefinitely. Although they are not married, they present themselves as a married couple would. They live ...

Selling or Purchasing Real Estate: The Basics of the Purchase and Sale Agreement

  • Gary F. Bevilacqua • 2012-01-26
  • The Purchase and Sale Agreement (the agreement) is the very backbone of all real estate transactions. Once the agreement is signed, both parties, buyers and sellers, breathe a little easier ...

Uniform Probate Code Revisited And Why You Should Still Avoid It Whenever Possible

  • Gina M. Barry • 2012-01-01
  • Suppose that tomorrow you are in an accident. Your injuries leave you unable to make your own medical and financial decisions. To make matters worse, you do not have a ...

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

  • Gina M. Barry • 2012-01-01
  • It's time to make your New Year's resolutions! Most resolutions are so cumbersome, they are impossible to keep. A simple resolution to make and keep is to review your estate ...