Archive for the ‘Uncategorized’ Category
With New Court Decision, Irrevocable Trusts are Alive and Well in Massachusetts
May 23rd, 2016 by beasleyferber
In 2009, the Massachusetts Appeals Court handed down the decision of Doherty v. Director of the Office of Medicaid, which upheld the denial of Medicaid benefits to someone who had prepared a trust. Since then, lawyers representing the state have been distorting what the Court actually held, and have challenged nearly every irrevocable trust that […]
Arbitration Clauses in Nursing Home Contracts Challenged
March 21st, 2016 by beasleyferber
The New York Times (2/22/16) has reported on an interesting nursing home case in Massachusetts. The case arises out of a very tragic incident: in 2009 a 100-year-old nursing home resident suffering from dementia murdered her 97-year-old roommate. The roommate, due to her dementia, was deemed unfit to stand trial, and she was committed to […]
Probate Judge Gary Cassavechia to Retire
March 6th, 2016 by beasleyferber
This week, Probate Judge Gary Cassavehia will retire. Judge Cassavechia has been on the probate bench for 35 years, the past 16 of those years full time. He has presided over the state’s complex trust docket since it was established two years ago. The complex trust docket encompasses the most complex trust cases. According to […]
The “Pecking Order” of Asset Distribution at Death
February 29th, 2016 by beasleyferber
When it comes to distributing assets at death, all assets are not created equal. Most people believe that what you say in your will controls how your assets are handled when you die. However, this is a very common misconception, often leading to some unfortunate surprises. As I like to explain to clients, there is […]
The Importance of Making Sure Your Trust is Funded
February 22nd, 2016 by beasleyferber
As all of our clients know, our firm is a huge believer in doing trusts to avoid probate. Essentially, a trust can assure that your estate is handled quickly, efficiently and privately after your death, usually at a much lower cost than a probate proceeding. However, (and as we stress to all of our clients) […]