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. Avon have "I love you" wills whereby they leave everything to each other and they each have a taxable estate of... 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 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.... 05/01/2014

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 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... 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 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 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, i.... 03/31/2014

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 thre... 03/31/2014

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... 03/30/2014

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... 01/31/2014

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... 01/28/2014

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 to an omitted child, §2-302 of the MUPC, applies only to a ch... 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 exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death.     Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of exempt property from the decedent’s probate estate.   The $10,000 first comes from "household furniture, automobiles, furnishings, appliances and pe... 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... 01/19/2014

 16 Photos     MLS # 71561160 - New Single Family - Detached 200 Pond St, Avon, MA 02322 List Price: $269,000     Norfolk County Style: Ranch Total Rooms: 8 Color: Barn Red Bedrooms: 3 Grade School: Bathrooms: 1f 0h Middle School: Master Bath: High School: Fireplaces: 2 Handicap Access/Features: Yes Directions: Harrison Blvd, East on Pond Remarks Sweet ranch has tons of heart or potential to build out. Offers 3 bedrooms, large eat in country kitchen, separate dining room which opens to an enclosed porch with wood/coal burning fireplace. Extra large family room has door to the rear yard as well as a Russo Fireplace. Two garages for a total of 3 cars plus plenty of driveway parking. Property may have potential for other uses. "Seller" is a 3rd party acting in a conservator capacity. Fidu... 07/26/2013

An Avon MA home buyer should receive a brochure, Home Inspectors Consumer Fact Sheet, at the time of the signing of the first written contract to purchase from the Seller or Seller's agent.Since MA Home Inspector licensing in 2001, a consumer must have a signed exclusive buyer's agent agreement with a Real Estate Broker or Salesperson before the Real Estate Broker or Salesperson can refer a home inspector.Without a signed exclusive buyer's agent agreement, the Real Estate Broker or Salesperson may only refer the buyer to the list of all MA Home Inspectors from the Massachusetts Board of Registration of Home Inspectors.Finding your Avon MA Home Inspector from the list of all MA home inspectors can be quite a challenge. An internet search for "Avon MA Home Inspector" may help you narrow d... 12/18/2012

Another Satisfied Homebuyer: Congratulations to the New Owners of 4 Parkview Lane, Avon, MA   Congratulations to my buyers who closed last week on their purchase of 4 Parkview Lane in Avon, MA.   These clients found me through the great reviews of Buyers Brokers Only on Angie's List.  They were great clients - they did their research and knew what they wanted - towns, type of house, price range, etc.  They wanted new or newer construction and we looked at a variety of homes.   They settled on this new construction house in Avon MA.  We saw this home after the framing was done - but early enough so that my buyers could pick their colors, fixtures and cabinets, as well as early enough for them to add on some upgrades - like converting the bonus space over the garage into a great master su... 11/21/2012

Home inspectors working in Avon MA are required to perform a home inspection to the Massachusetts Home Inspector Standards of Practice.  A copy of the standard will be provided to the client by the home inspector.The MA Home Inspector Standards of Practice is written for the professional home inspector. United Inspection Service has created some easy to read Consumer Information Sheets illustrating what is included and excluded in a Standard MA home inspection. Clear client communications (3c) are one of our core values. See the easy to read one page consumer information sheets for each of the systems in a MA Home Inspection.Visit the Avon MA Home Inspection page from United Inspection Service for some useful information about homes in Avon MA and Massachusetts Home Inspections.  Massac... 03/09/2011

A couple of weeks ago, I showed a home to some buyers where the owner was at home during the showing.  I could not blame him since he was very elderly and it seemed silly for him to have to leave since it was obvious that getting around was a challenge.  While in a perfect world, homeowners always leave when their home if being shown, but reasonable exceptions do occur. In this case, not only was the homeowner home, he decided to continue his habit of chain-smoking cigarettes the entire time we were there!  No asking or anything if it was alright, either.  He just lit up like it was no big deal! It was a good thing that my buyer was okay with it (as well as myself) even though we were all non-smokers.  But, what if one of us had an allergy or was sick and it caused us to have a reaction... 12/14/2010