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Stoughton, MA Real Estate News

By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   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 d...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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) bec...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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 do I get if my spouse dies without a Will?   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. The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.   In the absence of a Will, § 2-102 of the MUPC provides that the surviving spouse is entitled to the entire estate in two circumstances.  The first circumstance is where there are no stepchildren or descendants of stepchildren, i.e., all...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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 I am often asked "How does my divorce affect my estate plan?"  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that divorce revoked the provisions in favor of a former spouse in a pre-existing Will (the former spouse was treated as having died first).  The net effect was that former spouse did not inherit directly under the Will and any nominations appointing the former spouse were void.  The prior law was sometimes problematic.  For example, under the old law, the stepchildren potentially could inherit (even though the former spouse did not) since the former spo...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   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 mista...
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By Christine Smith, Exclusive Buyer Agent & Attorney, Canton, MA
(Buyers Brokers Only LLC - www.BuyersBrokersOnly.com)
With a hot January sales month and a cooler February, Stoughton MA home sales finished off the first quarter of 2014 on a high.  Total homes sold were the highest they've been for the last five years and the average sales price was the highest it's been since 2010. According to the MLS Property Information Network, a total of 41 homes were sold from January 1, 2014 to March 31, 2014.  That's a 5% increase over the same time last year.  This also represents the highest total Stoughton MA homes sold in the first quarter since 2006, when 44 were sold.  Homes sold ranged from a 3 bed/1 bath 1197 square foot Cape-style home for $80,000 to a 3 bed/2.5 bath 2447 square foot custom built contemporary Colonial that sold for $450,000.  The average sales price for a Stoughton MA home sold in the f...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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 th...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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, ...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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 thre...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  Website:  vonweisslaw.com  What do I get if my spouse dies without a Will?    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.  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  In the absence of a Will, § 2-102 of the MUPC provides that the surviving spouse is entitled to the entire estate in two circumstances.  The first circumstance is where there are no stepchildren or descendants of stepchildren, i.e., all the desc...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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 Unif...
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By Christine Smith, Exclusive Buyer Agent & Attorney, Canton, MA
(Buyers Brokers Only LLC - www.BuyersBrokersOnly.com)
January was a hot month for Stoughton MA home sales.  However, it cooled off a little in February as far as total homes sold goes.  Prices, on the other hand, have increased.  Let's take a look at the Stoughton MA home sales report - February 2014 edition. The total homes sold in Stoughton MA during February 2014 was 10, a 37.5% decrease from January 2014 and a 23% decrease from February 2013.  If you look at the graph above, you will see that this is the lowest February total since 2011. The average sales price for a Stoughton MA home in February 2014 increased significantly when compared to previous years.  The $307,634 average for February 2014 was the highest average sales price in the last five years: 23.1% higher than February 2013 and 36.7% higher than February 2012.  In fact, th...
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By Christine Smith, Exclusive Buyer Agent & Attorney, Canton, MA
(Buyers Brokers Only LLC - www.BuyersBrokersOnly.com)
January is traditionally a slow month in Stoughton MA real estate.  For home buyers, January 2014 is a mix of ups (home sales) and downs (home prices).  Any way you look at it, Stoughton MA homes are a hot commodity. Home sales continue to rise.  A total of 16 homes were sold in Stoughton MA in January 2014, marking the highest January total in the last five years.  That's a 33% increase over last January and a 129% increase over January 2012. Sales prices for Stoughton MA homes have fallen slightly, with the average price of a home sold coming in at $262,811.  While that is 11% lower than the $295,142 average in January 2013, it is still higher than 2011 or 2012.  The majority of homes sold in January 2014 were within the extremely affordable $150,000 to $350,000 range.  The average da...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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 is...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com  I am often asked "Should my Will state my wishes regarding my burial and funeral?" The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, the executor had no authority as to the bodily remains of the decedent.  Under § 3-701 of the MUPC, the named (named in the Will) personal representative has power to carry out the written instructions of the testator pertaining to the disposition of the bodily remains and other arrangements such as funeral and burial, even prior to his or her appointment.   As a side note, "decedent" is the term referring to the person who died, "personal representative" is the MUPC w...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com  I am often asked "How does my divorce affect my estate plan?"  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that divorce revoked the provisions in favor of a former spouse in a pre-existing Will (the former spouse was treated as having died first).  The net effect was that former spouse did not inherit directly under the Will and any nominations appointing the former spouse were void.  The prior law was sometimes problematic.  For example, under the old law, the stepchildren potentially could inherit (even though the former spouse did not) since the former spouse was ...
Comments 0
By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
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...
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