The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com There are several non-tax reasons for utilizing trusts such as asset protection; avoiding probate; creditor protection; protection for the surviving spouse and children in the event the surviving spouse remarries; control and management of assets for spendthrifts, minors and those disabled; and avoiding ancillary probate for real estate owned in another state.  Moreover, living trusts are private (not public) documents and notice of the trust assets and accountings need be given only to the interested parties.   Example:  Mr. and Mrs. Raynham have "I love you" wills whereby they leave everything to each other and they each have a taxable esta... 05/02/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com What happens if the will is older than the marriage?  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof."  Pretty simple and straightforward, right?    Under the new law, things are a bit more complex.  Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten if no will) EXCEPT that the surviving ... 05/02/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com What if there is a Will, but the surviving spouse was left nothing or a token amount?   Under Massachusetts law, can you disinherit your spouse?   A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse.    The balance of this blog assumes there is no such valid and enforceable prenuptial or separation agreement.  Under Massachusetts law, a surviving spouse has the right to waive the Will and claim instead the forced share (also referred to as "elective share" and "statutory share").    The Massachusetts Uniform Probate Code (MUPC) be... 05/02/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com Who can be the personal representive (formerly known as executor)? The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Under the MUPC, the person in charge of the estate of a deceased person is called a “personal representative”.  Before the MUPC, we used the terms "executor"--if a person died with a Will--and "administrator"--if a person died without a Will. Whether or not there is a Will, § 3-203(a) of the MUPC has a “priority ladder,” which establishes who has priority to be appointed as the personal representative.  Generally, the order is as follows: (1) the person named in the Will, (2) the surviving spouse who i... 04/30/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com What is the Program for All-Inclusive Care for the Elderly (PACE)?  Program for All-Inclusive Care for the Elderly (PACE) is a nationwide model of care designed to help elders stay living in the community (instead of in nursing homes) as long as possible.   A team of health professionals assesses each elder's needs and develops a plan of total care.  Services are in the elder's home, adult day health center or an assisted living facility.  The PACE program is for elders who are 55 or older (individuals under 65 must meet the Social Security disability definition), live in a PACE service area, are able to live safely in the community (with assistance t... 04/06/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com    What is the Adult Foster Care (also called Adult Family Care) Program?   Adult Foster Care (also called Adult Family Care) is a program that enables elders who cannot live alone safely to have a live-in caregiver.  The services to the elder also include meal preparation, assistance with personal care and medication, shopping, laundry, housekeeping, transportation to medical appointment and social visits, and maintaining a clean and safe living space.   The live-in caregiver receives a non-taxable stipend of up to $18,000 per year.  The amount of the stipend depends on the number of activities of daily living with which the elder requires assistance... 03/29/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  Website:  vonweisslaw.com  What is the Home and Community Based Frail Elder Waiver (Waiver) Program?   Elders who are clinically in need of nursing home care and meet the asset limits detailed below qualify for the Home and Community Based Frail Elder Waiver (Waiver) Program.     The Waiver program is funded by MassHealth and provides the following services: skilled nursing, home health aide, housekeeping, laundry, transportation, grocery shopping, meal delivery, and the wander response system.              What are the income and asset rules for Waiver Program?  Under the Waiver program, there is no income limit.  However, if the elder’s gross monthly income exceeds the thresh... 03/27/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com  What is the Home Care Program?   The Home Care Program is for elders with limited income and with low-to-moderate needs in terms of in-home services. The program also includes respite care for caregivers. Elders are eligible for the Home Care Program if they meet the income criteria detailed below; are not residing in a rest home, nursing facility, convalescent home, or assisted living residence; are not receiving services from an all-inclusive program such as Adult Foster Care (also known as Adult Family Care), Group Adult Foster Care (GAFC), or Program for All-Inclusive Care (PACE); and have been assessed and determined to be in need of in-home ser... 03/27/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  Website:  vonweisslaw.com  What is the forced (elective) share?    What if there is a Will, but the surviving spouse was left nothing or a token amount?    Under Massachusetts law, can you disinherit your spouse?  A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse.     The balance of this Q&A assumes there is no such valid and enforceable prenuptial or separation agreement.  Under Massachusetts law, a surviving spouse has the right to waive the Will and claim instead the forced share (also referred to as "elective share" and "statutory share").  The Massachusetts U... 03/23/2014

What happens when a child is omitted from the parent's Will? Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional and not occasioned by accident or mistake[.]"  M.G.L. c. 191, § 20.  The new law pertaining ... 01/27/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website:  vonweisslaw.com Why is it that some nursing homes mislead elders about MassHealth (also known as Medicaid)?  Recently, a nursing home told my client (let's call her Mrs. Elder) not to apply for MassHealth (also known as Medicaid) for her husband because if she did apply for MassHealth, the MassHealth agency would put a lien on her house.  This is misleading.  The MassHealth regulations specifically set forth that a MassHealth lien cannot be placed when there is a spouse living in the house.  Because Mrs. Elder is a spouse living in the house, a lien could not be placed on Mr. and Mrs. Elder's home.  Luckily, Mrs. Elder ignored the nursing home and came to see me for as... 01/22/2014

Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and "minor children whom the decedent was obligated to support and children  who were in fact being supported by the decedent."   Unless the court orders otherwise, the personal representative's discretionary authority to pay a family allowance is capped at a lu... 01/22/2014

Website:  vonweisslaw.com  What happens if the will is older than the marriage?  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof."  Pretty simple and straightforward, right?    Under the new law, things are a bit more complex.  Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten if no will) EXCEPT that the surviving spouse does not get an intestate share of those assets passing under the pre-marital will to the children of the deceden... 01/22/2014

Do yourself and your clients a favor, take the time to see this home:  ABSOLUTELY FABULOUS, need we say more about this 3 Bedroom, 3 bath Cape-style home. If condition counts and you want move in ready-make sure you take a look! Home has a dining room with a built in wine bar, open floor plan, updated kitchen and baths, cherry floors, closets galore—master has 2-walk in closets and huge bathroom, living room with a fireplace. Newer Furnace, AC, and hot water heater. Garage and basement where there is room to add more space. Outside the home is just as nice with an exterior fireplace, private yard and mature plantings in a quiet neighborhood and close to stores and highways.  70 Forest Street 11/07/2013

A Raynham MA home buyer should receive a brochure, Home Inspectors Facts for Consumers Sheet, at the time of the signing of the first written contract to purchase. A standard home inspection in Massachusetts is a visual examination of the physical structure and major interior systems of a residential building consisting of one to four dwelling units. It should be understood that there are certain risks inherent in the purchase of property and a home inspection is inherently limited in its scope and depth. The information gained from home inspection conforming to the Massachusetts Home Inspector Standards of Practice may reduce some of those risks, but the home inspection is not intended to provide the client with protection from all of the risks involved. Visit the Raynham MA Home Inspe... 03/01/2013

Home Seller Tips-MA-What do Buyers want the most (Raynham-Taunton ) MA    PRICE is most important- price must represent value in location, condition and style.. and  please don't be offended by my direct approach- Today's buyer needs a home where value exceeds price. Buyers do not care what you paid, they don't care about your sweat equity, and they do not care what you think it's worth, they don't care that you and/or your agents thinks your house is "UNIQUE"..they do not carewhat you neigbhor says it's worth, or what is would cost to rebuild. period. With all this said, Homes ARE selling! 20% of homes on the market sell fast and for top dollar in the market. Here's some other things to consider when sellling and some pre-listing tips.... Buyers may look at your home if the price is l... 02/04/2012

Lori Lincoln | Keller Williams Realty | (508) 878-0917 13 Sandy Hill Rd, Raynham, MA Extreme Rennovation was completed this month! 3BR/1BA Single Family House offered at $1,888,888 Year Built 1900 Sq Footage 1,104 Bedrooms 3 Bathrooms 1 full, 0 partial Floors 2 Parking Unspecified Lot Size 5,227 sqft HOA/Maint $0 per month see additional photos below PROPERTY FEATURES - Central heat - Hardwood floor - Tile floor - Living room - Stove/Oven - Granite countertop - Stainless steel appliances - Balcony, Deck, or Patio COMMUNITY FEATURES - Garage parking OTHER SPECIAL FEATURES - Views of the River ADDITIONAL PHOTOS Photo 1Photo 2Photo 3Photo 4Photo 5 Contact info: Lori Lincoln Keller Williams Realty (508) 878-0917 For sale by agent/broker Equal Opportunity Housing Posted: Sep 24, 2011, 12:12... 09/24/2011

Mortgage Rate Forecast for September 20, 2010 - Improving, or...? Here are some of the events affecting mortgage rates today: What Mortgage Backed Securities (MBS) Are Doing Today: The price of the FNMA 30-Year 4.0% MBS coupon opened at 102.22 this morning - the same as Friday's close. At 9:30 AM, the 4.0% MBS coupon was trading at 102.25 - up 1/32 from its opening. Remember, on mortgage backed securities (MBSs), as the price goes up, the yield comes down - and so do mortgage rates. I expect that mortgage rates will about the same in price this morning as compared to Friday afternoon. Price Trend in Mortgage Backed Securities: The chart below shows the price trend of the FNMA 30-Year 4.0% coupon over the past 30 days from 8-21-2010 to 9-20-2010: Economic Reports, News, and Events Affect... 09/20/2010

The Trend in Home Sales in Raynham MA - Improving, or...? Home prices in Raynham on average are falling! Home prices are down 19.5% since August of 2009. The current average listing price of homes for sale in Raynham MA is $317,262, down 3.6% from a month ago. Compare this to the current median sales price of $233,411 - where half of sales are above this amount and half below it. 3 and 4 bedroom homes are selling for less. Prices of 2 bedroom homes are down 20.7% from year ago levels while prices of 3 bedroom homes are down 25.4%. Below is a chart of the trend of median prices of homes for sale in Raynham MA over the past year through August 2010: Raynham Recently Sold Homes The number of sales for all homes for sale in Raynham is down 40% from year ago levels: Raynham Recently Sold Hom... 09/20/2010

Raynham Ma Townhouse Staged to Sell This newly listed townhouse in the Village at Wildflower Green has all the privacy of single family living with all the benefits of condominium life. The open floor plan, quality construction, high ceilings,granite counter in kitchen and hardwood floors are just some of the benefits of owning this lovely home. In order to show off the value added architectural details that these townhouses are known for, Ruth DiPietrantonio of Monarch Realty Group,LLC (774)254-1174 hired Interiors by Marianne Cherico to stage this home before presenting it to the market. Now this Raynham Ma Townhouse staged to sell is ready for the most discriminating Buyers!   Before this condo had a very taste specific Nantucket /very feminine vibe. When staging for the Real Estate ... 09/01/2010