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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 …