Home Owners
Associated Articles | Associated Seminars | Associated Videos
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Adoption
Whether with the assistance of the Department of Children and Families (DCF), through a private agency, or with adult children, adoption can be a time of great stress and nervous anticipation, but also elation and relief. Depending upon the type of adoption, whether it's foreign or domestic, and the circumstances under which the adoption is taking place, it is important to follow the guidelines and procedures to ensure that the process is smooth and the result is final. Bacon Wilson provides legal services regarding adoption matters.
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Asset preservation
Many people shudder to think of the impact of financing long-term care with the financial resources that they've spent a lifetime building. Long-term care, more commonly known as nursing home care, is very expensive, with an average cost of $8,000 or more per month. There are various means of financing long-term care; however, most Americans believe that the federal government or Medicare will pay for their long-term care costs. Unfortunately, this is not the case. Our legal team can help you plan for the future and protect your assets.
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Automobile accidents
If you've been in an auto accident, you probably need help settling and paying your medical bills, dealing with insurers, and bringing litigation for your injuries. Our legal team can help.
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Avoiding bankruptcy proceedings
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, many businesses do experience some level of financial hardship at one time or another. These times can be especially difficult if the business owner becomes uncertain of his ability to make a monthly payment to a secured lender.
There are ways to deal with cash-flow problems as they apply to secured lender obligations. It is important to put them into perspective by way of a timeline. Usually the inability to pay is not an unforeseen occurrence discovered on the day a payment is due, but rather is foreseeable at least 90 to 120 days in advance. This is generally the most crucial time period and is referred to as "pre-default".
The biggest mistake small business owners tend to make during the pre-default period is ignoring the imminent financial tidal wave because they unreasonably believe that a miracle correction will set things straight. However, if the issue is acknowledged quickly at the outset, there are more options available to correct the situation. In addition, pre-default solutions are generally easier to impose and less costly than after the "tidal wave" hits.
Our attorneys can help you to avoid complex, costly, formal, and public bankruptcy proceedings when financial hardship arises.
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Charitable remainder and annuity trusts
These trusts provide significant tax and non-tax benefits to you, your family, and charities. We can draft the most appropriate type of trust to suit your needs and also prepare tax calculators to determine your tax savings.
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Cohabitation agreements
There is no common law marriage statute in Massachusetts, so unmarried couples who live together enjoy none of the rights and protections that their married counterparts do. Unless their partnership is defined through a legal contract such as a cohabitation agreement, the law is likely to classify them as strangers in the event that the relationship dissolves. A cohabitation agreement forces each party to carefully consider his/her intentions, obligations, and expectations during the relationship and upon its demise. Our legal team can advise you in this matter.
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Consumer protection claims
If you need assistance with bringing actions and defense relating to consumer claims, our lawyers can help you represent your interests.
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Co-ownership of property
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 survivor owns all of the interest in the property. In a "tenancy in common", each owner of the property has an undivided interest in the whole of the property. In this type of tenancy, upon the death of any owner, his share will pass as directed by his will, or by intestacy if he does not have a valid will. A third, special form of ownership allowed in several states is what is known as a "tenancy by the entirety". In this case, only a husband and wife may own the property, and the property passes to the survivor.
Each type of ownership has advantages and disadvantages specific to your situation. Our lawyers can help you determine which suits you best.
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Employment policies and procedures
In addition to your employee handbook, it is important to have written policies in place that address issues such as sexual harassment restrictions, as well as email and Internet use. Bacon Wilson provides legal advice in these areas.
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Estate administration questionnaire
Please download and complete the attached form prior to your first meeting with your probate attorney. The information is necessary to complete the estate tax return. Please bring this form with you to the meeting. Estate administration questionnaire -
Estate planning questionnaire
Please download and complete the attached form prior to your first meeting with your estate planning attorney, and please bring it with you to your meeting. Estate planning questionnaire -
Evictions
As every residential landlord knows, obtaining a judgment for eviction can be difficult and expensive. Under the old bankruptcy law, tenants could file and cause a lengthy delay of a hard-fought eviction.
Now, under the Bankruptcy Abuse Prevention and Consumer Protection Act, (BAPCPA) if a residential landlord has a judgment for possession by the time the tenant files for bankruptcy, the stay does not prevent the landlord from continuing to evict the tenant 30 days after the petition was filed. With few exceptions, in a majority of cases, it is likely that a debtor's financial distress will prevent any cure, thus permitting the landlord to move forward with eviction in a relatively short period of time. Bacon Wilson can help facilitate the process for you.
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Health care proxy
Scientific and medical advances have presented society with numerous bioethical issues. These advances have provided physicians with enhanced control over the time and nature of death. In Massachusetts, the legal document that addresses the challenges posed in making end-of-life decisions when you are unable to make the decision personally is called a health care proxy. It designates someone to serve as your agent in making health care decisions if you're incapable of making them for yourself and ensures that your wishes are respected. There are nuances specific to different life stages and sexes, and Bacon Wilson attorneys can help you to draft the document that addresses your unique situation.
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Homestead declaration
In Massachusetts, homeowners and condominium owners may file a homestead declaration to protect $500,000 of equity in their property. It must be filed in the Registry of Deeds for the county in which the property is located. This document protects you from creditors or judgments against you in the event that you are sued. It does not, however, protect you against existing mortgages, long-term care claims for Medicaid payments by the Division of Medical Assistance, or existing claims or lawsuits. The Declaration of Homestead is a relatively straightforward document that is filed after being notarized. However, there are certain special situations that require attention, such as ownership of multiple residences. Our team of legal experts can help.
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Injury claims
If you've been injured in an auto accident, a slip-and-fall situation, or at work, or if you're the victim of negligent medical treatment, you probably just want life to get back to normal. Our legal team can handle the coordination of medical expense payments and deal with insurers so you can concentrate on recovering.
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Last Will and Testament
Everyone has a will, whether or not they know it. You might say: "I never drafted a will, so I can't possibly have one." The reality is that if you fail to draft or properly execute a valid will, then the laws in your state will determine how your estate will be distributed. Thus, even though you may have failed to formally address your wishes about how to distribute your estate, state law will step in to distribute your estate (based on their guidelines and determination) upon your passing. A will is a legal document that states your wishes regarding the distribution and settlement of your estate (the property that you own and hold in your name) after you have passed away. As a legal document, a will is designed to guarantee that your wishes be carried out. In a well-drafted will, you determine and state:
- How your property will pass (either by gift or trust)
- When the distribution will be made, (i.e. when a child reaches the age of 21,)
- Who will serve as your executor/trustee
In basic terms, a will guarantees that your wishes will be carried out in the way you have requested once you die. If you die without a written will, then you are said to have died "intestate" and your estate will be distributed by the probate court according to state law. The problem that can occur with this process is that the laws in your state may not yield the same results that you wish to occur upon your passing. Our legal team can help you create a will that will state how you want your estate to be distributed following your death.
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Medicaid planning
Many people shudder to think of the impact of financing long term care with the financial resources that they spend a lifetime building. Long-term care, more commonly known as nursing home care, is very expensive, with an average cost of $8,000 per month or more. There are various means of financing long-term care; however, most Americans believe that the federal government or Medicare will pay for their long-term care costs. Unfortunately, this is not the case. Our legal team can help you plan for the future and protect your assets.
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Personal injury claims
If you've been injured in an auto accident, a slip-and-fall situation, or at work, or if you're the victim of negligent medical treatment, you probably just want life to get back to normal. Our legal team can handle the coordination of medical expense payments and deal with insurers so you can concentrate on recovering.
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Product liability
If you or a family member are injured by a defective product and need assistance in your recovery against the manufacturer of the product, our legal team can guide you through the process.
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Property co-ownership
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 survivor owns all of the interest in the property. In a "tenancy in common", each owner of the property has an undivided interest in the whole of the property. In this type of tenancy, upon the death of any owner, his share will pass as directed by his will, or by intestacy if he does not have a valid will. A third, special form of ownership allowed in several states is what is known as a "tenancy by the entirety". In this case, only a husband and wife may own the property, and the property passes to the survivor.
Each type of ownership has advantages and disadvantages specific to your situation. Our lawyers can help you determine which suits you best.
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Qualified personal residence trusts
You may have maintained a home, summer cottage, ski chalet, or similar property for family use. A qualified personal residence trust (QPRT) may accomplish your objective of maintaining this property after your death so that your children will be able to use it for future generations. The property will mostly have appreciated since you purchased it, and the QRPT may be utilized to reduce taxes upon passing the property to your children, so that they won't be forced to sell it.
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Remarriage estate planning
Whether entering into marriage for the first time or a subsequent marriage, a spouse should always revisit their existing estate plan or create a new one. Acknowledging a spouse by including them in your estate plan, or ratifying and confirming an antenuptial agreement, is critical to preserving your rights and maintaining control over designation of assets to your heirs. Bacon Wilson can assist you in estate planning matters.
With the divorce rate reaching 50%, remarriages require estate planning. The first spouse to die may wish to ensure that assets are available to or for the benefit of his or her children from a previous marriage. Perhaps a trust will need to be established for these children.
Alternatively, you may establish a trust for the benefit of your spouse, so that he or she will receive income and/or principal at the discretion of an independent trustee, with the remainder of the funds being distributed to children of your first marriage. In this way, your surviving spouse is protected during his or her lifetime, but the trust will ensure that the principal passes to the children of your first marriage, as opposed to leaving all assets to your surviving spouse, who could leave all assets to his or her own children upon his or her death. There may also be a need to establish a trust fund for your grandchildren's education or medical purposes.
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Same-sex partnership and marriage
With various states adopting rules relative to civil unions, same-sex marriages, and other legal relationships, several significant issues relative to taxes arise. One primary issue may be the recognition of the relationship for income tax purposes that would allow a couple to file a joint state income tax return versus the federal distinction.
The Internal Revenue Service does not permit same-sex couples to file jointly even in cases where there is a legal marriage, such as in Massachusetts. The 1996 Federal Defense of Marriage Act limits the impact of civil unions under federal law. However estate, tax, and long-term care planning (Medicaid,) are significant issues when determining whether the individual filing a return or requesting an application for governmental assistance will be considered married or single.
In addition, with the advent of adoptions by same-sex couples and the subsequent dissolution of some relationships, life will certainly become more complicated and more planning will be necessary. All significant documents must be reviewed to ensure that all plans are in order and are coordinated with all necessary documents. These include wills, health care proxies, powers of attorney, prenuptial agreements, and any other legal documents, such as beneficiary designations. It may also be important to review the older generations' estate planning documents to ensure that both biological children and adopted children are included within their documents.
All couples should contemplate how to protect the assets they possess from becoming marital property at the time of marriage to their partner. Couples must remain aware that upon marriage all assets of an individual become assets of the couple and that, absent the existence of a written mutual agreement to the contrary, the distribution of marital property will be decided by the Commonwealth of Massachusetts' general laws in the instance of either divorce or death. Our legal team can advise same-sex couples in addressing the many issues that must be considered.
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Slip and fall cases
If you suffer from injuries caused by a fall on a property such as a store, parking lot, or another area not properly maintained in safe condition, the Bacon Wilson attorneys can help.
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Tenancy
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 survivor owns all of the interest in the property. In a "tenancy in common", each owner of the property has an undivided interest in the whole of the property. In this type of tenancy, upon the death of any owner, his share will pass as directed by his will, or by intestacy if he does not have a valid will. A third, special form of ownership allowed in several states is what is known as a "tenancy by the entirety". In this case, only a husband and wife may own the property, and the property passes to the survivor. Tenancy should not be taken for granted. A careful review of all deeds for a condominium, house, timeshare, or other real estate entity will ensure that the objectives of the ownership are accomplished. Each type of ownership has advantages and disadvantages specific to your situation. Our lawyers can help you determine which suits you best.
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Trusts
Revocable trusts, also known as an "inter-vivos trusts" or "living trusts", are among the most useful estate planning tools for the management and distribution of family assets. Trusts serve a wide range of functions and may be appropriate for a variety of family financial circumstances and goals.
A common misconception is that trusts are only for the very wealthy. In reality, trusts can be used in variety of different circumstances and are a powerful way to manage assets.
Forming a trust consists of several steps:
- The trust is created by the "grantor".
- The trust is funded, meaning that the grantor's assets are placed into the trust. Assets can include stocks, bonds, mutual funds, real estate, bank accounts, etc.
- The trustee(s) accept the responsibilities as expressed in the trust document. The trustee can be the grantor during his or her lifetime.
- The trust itself contains dispositive provisions to instruct the trustee in managing the investments and distributing income or principal to the beneficiaries. This is the roadmap detailing how your property is distributed.
- Beneficiaries are chosen to benefit from the trust. This typically includes the grantor during his or her lifetime, as well as family, friends, or charities upon the grantor's death.
There are a number of helpful functions that trusts can perform:
- A trust can help with business succession when it is desired that certain parties run the business and others benefit from its gain.
- A trust can ensure the continued management of a business or personal finances.
- A trust can direct the trustee to provide full management in the event of incapacity.
- Assets held in a trust avoid probate and its attendant delays and costs.
- Dearly loved pets can be cared for upon the death or incapacity of the owner.
- The trust can be part of overall estate planning and can allow for control of assets even after death.
A trust has a number of beneficial attributes. The trust, and therefore its assets, can be professionally managed if you name a bank or trust company as its trustee. Certain tax benefits can be gained, especially for married couples. Financial privacy is maximized when your estate avoids the public process of probate.
Other types of trusts include:
- A special needs trust to maintain benefits for a disabled individual
- An irrevocable trust to allow life insurance benefits to pass tax-free to younger generations
- An alternative irrevocable trust to protect assets from long-term care expenses
Bacon Wilson's experienced attorneys can help you navigate your trust options and select the type most appropriate for your needs.
Articles
- Do You Need a Trust?
- Considerations for Collectors
- Establish an Estate Plan Before Your Trip
- The Truth About Gift Tax
- Elderly Drivers: an Age-old Problem - How To Tell Your Loved One That It’s Time to Hand Over the Keys
- For the Love of Your Partner . . . Plan Now
- A Whole New World - Navigating the Uniform Probate Code
- ‘Tis the Season . . . to Review Your Estate Plan: A New Year’s Resolution That’s Easy to Keep
- Uncle Sam is Coming to Dinner – Plan Ahead and Enjoy the Holidays
- Patients’ Rights - What You Can Expect from Your Doctor or Medical Facility
- Taxing Situation - The Rules Are Changing for Condominium Unit Owners’ Organizations
- 10 Perils of Joint Tenancy
- Usernames, Passwords, and Logins, Oh My! - How to Prevent a Potential Disaster for Your Heirs
- The Life Estate Deed – One Option for Protecting Your Home
- Moving Forward with a Reverse Mortgage
- What to Pay First - How to Prioritize Your Payments When Finances Are Tight
- Getting Out from Under - Bankruptcy Filings Tell the Story of This Recession and Its Impact
- Planning Ahead - How to Save Your Nest Egg From Nursing-home Costs
- Reverse Mortgage - It Could Be the Most Useful Tool in Your Financial Toolbox
- Lien and Mean - How a Contractor's Failure to Pay Bills Can Become Your Liability
- Business and Residential Finance Issues - Making Lemonade out of an Economic Lemon
- Ten Misconceptions about: Bankruptcy
- Ten Points About : Hiring a Home Contractor
- Limiting the Damage - Steps Taken Now Can Lighten Your Tax Burden Later
- Will in a Box - The Dangers of Estate Planning Software Programs
- The Numbers Game - Personal Income-tax Considerations for Tax Year 2008
- Good Grief!
- Health Care Proxies and Powers of Attorney - Providing Your Voice When You Are Unable to Speak for Yourself
- A Final Gift of Organization
- Ethical Wills - Bequeath Your Values Along With Your Valuables
- Some Advice - on the House - A Primer on Real-estate Disclosures and After-sale Recourse
- You Can't Take it With You . . . Consider Charity in Your Final Plans
- Batter-up: Stepping up to the Plate - Estate Planning for Men
- A Woman's Plan for Independence
- When It's All Going to the Dogs - A Primer on the Emerging Trend of Pet Estate Planning
- Will Your Nest Egg Pay Your Nursing Home Costs? - Plan Now to Avoid Paying Later
- For the Love of Your Partner . . . Plan Now
- 'Tis the Season . . . to Review Your Estate Plan: A New Year's Resolution That's Easy to Keep
- The Write Stuff - Where There's a Will, There's a Right Way to Approach the Document
- Uncle Sam is Coming to Dinner - Plan Ahead and Enjoy the Holidays
- When It's All Going to the Dogs: Planning For Your Pets After You're Gone
- Your Place or Mine? - Providing Care for Aging Parents
- Dollars and Sense - How to Negotiate a Pre-foreclosure Workout Agreement
- Grandma's Broken Glasses - Recognizing and Preventing Elder Abuse
- Forestalling Foreclosures - Is There a Solution to This Regional and National Problem?
- Crunch Time? - Lenders Tighten the Reins on Mortgage Loans
- Reverse Mortgages Demystified - Borrowing the Equity in Your Own Residence Can Provide Financial Security
- Home Sweet Home - Reverse Mortgages Can Keep You from Becoming Institutionalized
- A Matter of Interpretation - Is Application of the Bay State's Anti-SLAPP Statute Too Broad?
- Halt! Who Goes There? - Stopping Identity Thieves in Their Tracks
- Antiques, Collections and Things - Oh My!
- The Basic Estate Plan - Peace of Mind for the Savvy Traveler
- Eeny Meeny Miney Moe? - Taking the Guesswork Out of Choosing an Attorney
- I'll Trade You? - Avoiding Taxes Through Like Kind Exchanges
- Recovering Attorney's Fees - There Are Some Exceptions to the So-called American Rule
- In the Spirit of the Law - Local OUI Cases May Have Broad Ramifications
- If You Should Die Before You Wake, Whom Do You Pray Your Estate to Take?
- Wills vs. Trusts - Explaining the Estate Planning Enigma
- 'Tis the Season . . . to Review Your Estate Plan: A New Year's Resolution That's Easy to Keep
- Points of Interest - Changes to the Safe Driver Insurance Plan Aren't a Ticket to Savings
- Co-owning Property with Your Spouse or Children - How To Chose the Right Type of Ownership
- The Will That Won't - Should it be Contested?
- Vacation Home Co-ownership - Proper Documentation Can Help Avoid Some Headaches
- Homestead Declaration Sweet Homestead Declaration
- Health Care Proxies and Powers of Attorney - Providing Your Voice When You Are Unable to Speak for Yourself
- Where There's a Will, There's an Heir
- The Medicaid Rules Have Changed, but the Planning Continues
- Good News for Landlords - Bankruptcy Law Revisions Make it Easier to Evict
- Some Advice - on the House - Deadly Sins of a Home Improvement Project
- Elder Abuse - Unveiling the Dirty Little Secret
- Your Place or Mine? - Addressing the Caretaker Child Conundrum.
- How to Hire a Lawyer - The Yellow Pages Is Not the Place to Begin a Search
- My Home Sweet Home - How to protect your personal residence from Medicaid Recovery
- Capturing the Spirit of the New OUI Law
- Death Without the Estate Tax?
- When It's All Going to the Dogs - Planning Estates with Pets
- Is Performance Enough? - New Law Changes the Rules on Contracts
- Catching the blog wave - Law Firms See Benefits In A Growing Medium
- Change Is on the Horizon - Practitioners and Debtors Wait for Bankruptcy Changes to Take Effect
- Eminent Domain - Ruling Blurs the Line Between Public Use and Private Economic Development
- Real Estate Buyer Beware - What You Don't Ask May Come Back to Haunt You
- Chapter and Verse - New Bankruptcy Law Changes the Rules of the Road
- An Ounce Of Prevention - A Simple Estate Plan is Only Four Important Legal Documents Away
- Fear and Loathing of the Punch List - Organization and Preparation Can Help Avoid Costly Disputes
- Class Action Reform - Will You Be Affected?
- Lien and Mean - How To Protect Your Property During a Construction Project
- 1031 Like-kind Exchanges
- When Mom and Dad Won't Move - Sweeping the Minefield of Long Distance Caregiving
- New Massachusetts Estate Tax Exemptions Are Likely to Cause Hardships for the Unprepared
- A Simple Estate Plan is Only Four Documents Away
- Preventing Construction Litigation - Steps to Remodeling Satisfaction
- Deed With Life Estate
- Brewing Elder Abuse - A Recipe For Disaster
- Telemarketing Law Loopholes May Disappoint Consumers
- How To Avoid Guardianship
- Tourism Is A Two Way Street
- A Woman's Plan For Independence
- Mold - A Hidden Home Toxin
- When You Aren't Really You - Protecting Yourself from Identity Thieves
- Deed With Life Estate
Seminars
- Estate Planning Primer, June 10, 2010
- Basic Estate Planning, May 18, 2010
- Simple estate planning techniques - "Estate Planning: What You Need to Know" , May 5, 2010
- Special Needs Planning, April 15, 2010
- Elder Law Basics, January 13, 2010
- Estate planning and protecting your assets, January 5, 2010
- Estate Planning, December 9, 2009
- Medicaid Law, November 18, 2009
- Common Debt and Credit Issues / Debt in a Down Economy, October 28, 2009
Videos
- Your health care agent - having that tough conversation
- Deed with Life Estate
- Collecting Delinquent Condominium Common Charges
- Will, Health Care Proxy, Durable Power of Attorney, & Homestead Declaration
- Durable Power of Attorney - Why would I hand over control of my finances?
- Healthcare Proxy - Why you need one in Massachusetts
- New Construction Title Insurance
- Why do I need a Will? I thought I was avoiding probate.
- Title Insurance: What is it and why do I need it?
- Short Sale: What is it & how can it help me?
