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2008 Articles

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Limiting the Damage – Steps Taken Now Can Lighten Your Tax Burden Later

  • Bruce M. Fogel, Esq. • 2008-12-22
  • While year-end tax planning is always and in all ways important, it is especially crucial in 2008. The time is now to apply new tax rules to secure your best …

Will in a Box – The Dangers of Estate Planning Software Programs

  • Todd C. Ratner • 2008-12-17
  • The recent sophistication of software has contributed to an increase in homegrown estate planning. These mass-marketers of legal services misinform people into thinking that they are saving money and that …

Profile in Courage – Attorney Marty Dunn Stands Tall Against ALS

  • George O’Brien • 2008-12-08
  • Marty Dunn first started noticing a slight slurring of his speech about a year ago. Soon, others noticed as well. Eight months later, he would be officially diagnosed with ALS …

Crafting Severance Agreements – A Well-designed Document Can Help Employers Avoid Lawsuits

  • Paul H. Rothschild, Esq. • 2008-12-08
  • An unfortunate reality of any business, especially in the current economic climate, is that an employer will, at some time, have to terminate an employee. Employers must carefully navigate this …

Estate Planning from the Male Perspective

  • Julie A. Dialessi-Lafley, Esq. • 2008-12-01
  • FAST FACTS Only about 20% of men survive their female spouse A husband dying without an estate plan leaves his wife and family unprotected and fails to ensure that his …

Givers Gain – Use Charitable Giving to Your Advantage

  • Gina M. Barry, Esq. • 2008-11-18
  • With tax season quickly approaching, could you use a break on your federal income tax return? The recent economic crisis has left the nation financially stressed and has created a …

Gina Barry recently founded The Joy of Jasper

  • Elizabeth R. LaFond • 2008-11-18
  • Gina Barry would like to share the “Joy of Jasper.” Barry, a local lawyer and horse enthusiast, recently founded The Joy of Jasper Inc., a nonprofit corporation dedicated to providing …

Promises, Promises – Navigating the World of Personal Guarantees

  • Adam J. Basch, Esq. • 2008-11-10
  • Due to the difficult financial situation of many companies and their customers, depending upon which side of the issue you are on, it is more important than ever to attempt …

The Numbers Game – Personal Income-tax Considerations for Tax Year 2008

  • Bruce M. Fogel, Esq. • 2008-11-10
  • When it comes to the bottom line — meaning the one on your tax return — proper planning is of the essence. And to plan effectively, one must know the …

Good Grief!

  • Gina M. Barry, Esq. • 2008-10-17
  • Imagine that today you passed away. Your loved ones would be devastated, but would, nonetheless, be called upon to tend to your final affairs – arranging your funeral, managing your …

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

  • Gina M. Barry, Esq. • 2008-10-16
  • 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, …

Employee BlackBerry Use – What Is Private, and What Is Employer-accessible?

  • Kevin V. Maltby, Esq. • 2008-10-15
  • A blackberry is a handheld device that makes it easy for people to stay connected to each other regardless of where they are. It is so convenient that it becomes …

Ethical Wills – Bequeath Your Values Along With Your Valuables

  • Gina M. Barry, Esq. • 2008-10-13
  • To my daughter, I leave my love of laughter, To my son, I leave my passion for knowledge . . . As a responsible provider, you want to ensure the …

Planning Your Estate: When a “Simple Will” Won’t Suffice

  • Hyman G. Darling, Esq. • 2008-10-01
  • Fast Facts: Over 700,000 American adults with disabilities have parents age 60+. A special needs plan may be modified as needs change. A special needs trust manages assets while protecting …

Food for Thought – The Matter of Personal Liability for Restaurant Debt

  • Mark A. Tanner, Esq. • 2008-09-29
  • Restaurants in Massachusetts can be organized to do business in many different corporate forms including Sole Proprietorships, Partnerships, Corporations and Limited Liability Companies. When restaurateurs choose to operate their business …

New Laws of Marriage Life Planning – Are Crucial for Non-traditional Couples

  • Julie A. Dialessi-Lafley, Esq. • 2008-08-28
  • On November 18, 2003, the Massachusetts Supreme Judicial Court ruled that gay and lesbian couples have the right to civil marriage in Massachusetts. The ruling in Goodridge v. Department of …

A Final Gift of Organization

  • Gina M. Barry, Esq. • 2008-08-23
  • One of the most important things to organize is your estate plan. Having an organized estate plan will ensure that financial matters are handled appropriately and expediently. Regardless of family …

Ethical Wills – Bequeath Your Values Along With Your Valuables

  • Gina M. Barry, Esq. • 2008-08-22
  • To my daughter, I leave my love of laughter. To my son, I leave my passion for knowledge … As a responsible provider, you want to ensure the future financial …

HIPAA: Understanding Its Effect on the Medical Community – and the Patient Since 1996

  • Julie A. Dialessi-Lafley, Esq. • 2008-08-22
  • Many have heard the story of the husband who drops his wife off at the Emergency Room (ER) and goes to park the car. By the time he finds a …

Caring for the Caregiver: A Real Dilemma Families Face in an Age of Living Longer

  • Julie A. Dialessi-Lafley, Esq. • 2008-08-22
  • 2005 government-financed study reported that more than 1 million children in our nation take care of sick or disabled parents or relatives. The AARP says that about 65 million people …

Designating Beneficiaries

  • Hyman G. Darling, Esq. • 2008-08-22
  • 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, …

By All Accounts – Payable – Whom Do You Pay First When Cash Gets Tight?

  • Paul R. Salvage, Esq. • 2008-08-22
  • We are facing some frightening times. Gas prices are at record highs, which not only affect what we pay at the pump, but push up prices on most goods, as …

Planning Your Estate: When a “Simple Will” Won’t Suffice

  • Hyman G. Darling • 2008-08-01
  • Introduction: Parents of a child with a disability face many challenges, but none is more pressing than their concern about what will happen to their child on their death or incapacity. …

Some Advice – on the House – A Primer on Real-estate Disclosures and After-sale Recourse

  • Donna L. Wexler, Esq. • 2008-07-18
  • Buying a home is often one of the most exciting and stressful events in your life. There are many things to consider. Unless you are a do-it-yourselfer, purchasing the house …

Where to Draw the Line – Use Caution with Non-competes and Confidentiality Agreements

  • Kevin V. Maltby, Esq. • 2008-06-20
  • Two areas of employment law often go hand in hand – confidentiality agreements and covenants not to compete (also known as confidentiality agreements.) They are found in many employment contracts …

You Can’t Take it With You . . . Consider Charity in Your Final Plans

  • Gina M. Barry, Esq. • 2008-06-20
  • If you were able to donate a large sum of money to your favorite charity, to what charity would you give that money? Surely, a few favorite causes come to …

Batter-up: Stepping up to the Plate – Estate Planning for Men

  • Todd C. Ratner, Esq. • 2008-06-09
  • Women have made tremendous strides in the world of business and politics, as the traditional gender roles are fading fast. It has become increasingly rare to see the likes of …

Business Credit – How to Get It – A “Snapshot” That’s in Focus and a Solid Business Plan Are Some of the Keys

  • Gary G. Breton, Esq. • 2008-06-02
  • What, if anything, can a business owner do to position his or her company to obtain the credit availability that it needs to both operate, and in many instances, survive …

From Bootstraps to Banking – There are Many Ways to Finance a Startup Business

  • Jeffrey I. Fialky, Esq. • 2008-06-02
  • As every new business owner is likely all too aware, initial capital funding is an essential component permitting a new business to be able to get off its feet. Indeed, …

Veterans Pension and Benefits: A Little Secret That Veterans Need to Know

  • Julie A. Dialessi-Lafley, Esq. • 2008-06-02
  • The men and women who have served this country may be entitled to more than what they are getting. It is the unfortunate reality that until recently, very few people …

Special Needs Children: Proper Planning Can Preserve Assets to Support Them When You’re Gone

  • Hyman G. Darling, Esq. • 2008-06-02
  • One of the most pressing issues for parents of a disabled child is worrying about what will happen to their child when they become incapacitated or die. This issue is …

The Deed with Life Estate – A Smart Way to Preserve Your Home from Long Term Care Expenses

  • Hyman G. Darling, Esq. • 2008-05-02
  • It is likely that your home is one of the single largest assets you own. As a means of attempting to protect that home from long term care expenses, while …

A Woman’s Plan for Independence

  • Gina M. Barry, Esq. • 2008-05-02
  • Women age 65 and above are more than twice as likely as men to be unmarried – widowed, divorced, separated, or never married-and live alone. In 2004, the median income …

Who Will Care for Your Minor Children if You Can’t?

  • Todd C. Ratner, Esq. • 2008-05-02
  • Deciding who will care for your minor children if something happens to you is a tough decision in any circumstance, but it is a decision that you are most qualified …

When It’s All Going to the Dogs – A Primer on the Emerging Trend of Pet Estate Planning

  • Gina M. Barry, Esq. • 2008-04-14
  • Some people consider their pets to be members of their family. Other people have made a career out of breeding, raising and/or sheltering animals. When animal owners pass away, if …

Your Plan Your Way – Peace of mind through retirement and beyond

  • Todd C. Ratner, Esq. • 2008-04-04
  • During the course of your life, you’ve probably spent a lot of time worrying about making a decent living. But as the years pass, your attention is likely shifting away …

Will Your Nest Egg Pay Your Nursing Home Costs? – Plan Now to Avoid Paying Later

  • Gina M. Barry, Esq. • 2008-04-03
  • 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 …

Artificial Conception: Legal Issues Addressed during Artificial Insemination or In-vitro Fertilization

  • Julie A. Dialessi-Lafley, Esq. • 2008-03-25
  • With the amazing advancements in modern medicine and science, opportunities are now available for conceiving children through artificial insemination, in-vitro fertilization, and embryo transplantation. These new techniques, however, have created …

Caring for Your Ailing or Aging Parent – Personal and Financial Ramifications

  • Hyman G. Darling, Esq. • 2008-03-25
  • 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 …

Some Things to Chew On – Estate Planning Considerations for the Baby Boomer/Sandwich Generation

  • Todd C. Ratner, Esq. • 2008-02-20
  • Sociologists and the media define the baby boom generation as those born in the United States between 1946 and 1964. Approximately 76 million people were born during this timeframe and …

Don’t Get Caught in the Web – Be Careful What You Post on MySpace, YouTube, and Other Sites

  • Kevin V. Maltby, Esq. • 2008-02-20
  • Employees these days must be careful about what they post on the internet, as it may affect their ability to be hired and promoted or even alter their current employment …

For the Love of Your Partner . . . Plan Now

  • Gina M. Barry, Esq. • 2008-02-20
  • 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 …

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

  • Gina M. Barry, Esq. • 2008-01-20
  • 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 …