Where There’s A Will, There’s A Wait!

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Unless You Create a Clear Plan

Many people believe that if they have a will, their heirs will not have to go through probate. Actually, the opposite is true. Probate is the legal process of proving that your will is valid. Probate generally involves both attorney fees and court fees.

People also believe that if they have a will, the distribution of their assets will proceed smoothly. This can be true, with the process taking as little as six months if all goes well. However, if there any problems, it can drag on for years. It just takes one disgruntled heir to contest a will. Then, all bets are off. Besides the time delay, the added costs can add up quickly. Nobody wants their money unnecessarily going to attorney fee’s instead of their loved ones.

If you created a will 20 years ago, you really should review it. A 20-year-old will might not represent your thoughts today. You need to make sure your will is tailored to meet all of your current needs and wishes.

Here’s an example. Rose, 78 and a widower, lived in a nice house down on the Cape. She paid off the mortgage years ago and lived on Social Security, a pension from the telephone company and an annuity.

Rose had a will that left everything to her three children equally. All “great” kids who got along. Billy lived in Maryland, Linda in Chicago and Bobby in Quincy. When Rose passed away, Billy and Linda wanted to sell the house. They had kids in college and the money could help with tuition. But Bobby said, “No way!” He had spent vacations and weekends with his kids visiting Mom at her Cape house. According to Bobby, Mom said the house would always go to him. He was the only one who enjoyed the house as much as she did.

Can you imagine the problems and legal bills that could ensue? Did Rose really want her children fighting over a piece of property?

Unfortunately, this type of scenario happens all the time. Mom had good intentions, but her 20-year-old will did not have everything spelled out. Rose could have had a trust, either a revocable or an irrevocable trust, to avoid probate. The trust also would have stated exactly what she wanted done in great detail. For instance, she could have said, the house goes to my three children equally, but, Bobby has the right of first refusal to purchase the house. As an alternative, she could have stated Bobby will get the house and the remaining assets would be divided between Billy and Linda, or whatever other wishes she decided on. Rose also could have decided these things ahead of time and shared her wishes with her children. Although Rose could have included these wishes in her will, just having a will would still require the children to go through the probate process.

Make sure you have the estate planning documents you need so your wishes will be carried out without any problems, unnecessary costs or delay.

 

March Estate Planning Workshops – Learn the Facts!

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Are you worried about the cost of a nursing home should someone you love become unable to care for themselves? It’s a common concern not only for seniors, but for their children. Come learn about asset protection and estate planning issues at our educational workshops.

Wednesday, March 7, 2012 at the Tufts Library, 46 Broad Street, Weymouth from 10:00am-12:00pm

Wednesday, March 21, 2012 at the Plymouth Public Library, 132 South Street, Plymouth from 10:00am-12:00pm

Monday, March 26, 2012 at the Plymouth Public Library, 132 South Street,  Plymouth from 6:00pm-8:00pm

Attorney Robert E. Romano will discuss important Estate planning issues that affect ALL seniors. Reserve your seat today. 617-769-9843

Does an “I Love You Will” really show your true affection?

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A will is a legal document that lets you tell the world who should receive your assets after your death. An “I Love You” will basically states, I leave everything to my spouse first and then to our children equally. In real life this type of will can become anything but loving.

Marge and Walter have three wonderful children, Beth, Dave and Mark. Beth lives locally and helps mom and dad out all the time. Dave and Mark live out of state. Other than a visit or two a year, they are not involved in mom and dad’s daily life.

Marge and Walter have a cottage down the Cape, in addition to their primary home,. Beth and her family look forward to weekend visits in the summer. Her children feel like it’s their summer home because they spent so much time there with Nana and Grandpa. Due to distance and their own busy lives, Dave and Mark haven’t been to the cottage since they were little.

If Marge and Walter had an I Love You will, what do think would happen to the Cape cottage, after they both pass?  Beth would want to continue to use the cottage. She might even feel like the cottage should be hers. Dave and Mark do not want the cottage and could really use the money. Would mom and dad want their children fighting over the cottage or at the very least have bad feelings amongst them? What happens to the primary residence as well?

There are alternatives to an “I Love You” will. An experienced estate planning attorney can explain your options and counsel you on how to best achieve you wishes. Roses are Red, Violets are Blue, Plan your Estate and your wishes will come True.

Join Us for Our February Estate Planning Workshops

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Attorney Rob Romano conducts free estate planning workshops. These educational workshops focus on how seniors can remain in control of their assets, retain all income from their assets, and qualify for Medicaid. Attendees will also learn how to protect their family from nursing home costs and their children’s indiscretions. With more than 37.8 million Americans 65 years or older and with baby boomers growing older, the importance of planning for one’s legal needs has become essential.

Thursday, February 9, 2012 at the Canton Public Library, 786 Washington Street, Canton from 1:00pm-3:00pm

Wednesday, February 15, 2012 at the Avon Council on Aging, 65 East Main Street, Avon from 10:00am-12:00pm

Wednesday, February 22, 2012 at the Quincy Council on Aging-Kennedy Center, 440 East Squantum Street, Quincy from 10:00am-12:00pm

Elder Law is a specialized area that involves representing, counseling and assisting seniors, and their families in connection with a variety of legal issues, with a primary emphasis on promoting the highest quality of life for individuals. When clients visit an elder law attorney, they generally present problems beyond the need for a will or a power of attorney. Attorney Romano is familiar with the network of services and providers who assist clients effectively.

“Tomorrowitis!” – Don’t Procrastinate on Your Estate Planning

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You know you should do your estate planning. You know it’s important to protect your assets. You hear it on the radio, from friends, at church, in the AARP magazine. You’ll do it…but it’s snowing out, it’s raining out, the summer’s here, the holidays are coming, etc. Before you realize it, another year has passed. You have what I call, “tomorrowitis.”

The symptoms include but are not limited to, the ability to procrastinate, illogical reasoning that you’ll actually do it tomorrow, mental paralysis due to anxiety about not having your affairs in order, and the belief that you’ll never have to go to a nursing home. There are remedies to this condition that will give you peace of mind. A check-up with an elder law attorney should be your first course of action. Don’t worry; it’ll be a painless visit.

If you think you have tomorrowitis or know of someone who suffers from this condition consider the following:

  1. The cost of a nursing home can be $8,000 to $12,000 per month.
  2. In Massachusetts a lien may be placed on the home to recover any nursing home costs.
  3. There is a full 60 month look-back period when applying for MassHealth (Medicaid). When an application is submitted to MassHealth, any transfer of resources or assets are investigated for the prior 5 years. This is referred to as the “look-back period.”
  4. In order to qualify for MassHealth coverage of nursing home care, countable assets must be under a certain limit.  For a single individual, that limit is $2,000.00.

The best medicine for tomorrowitis is to consult a Medicaid planning attorney. Have your situation looked at and with proper care, you won’t end up in the emergency room in crisis.

Our Next Estate Planning Workshops – January 2012

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Attorney Rob Romano will be conducting his Estate Planning Workshop on Tuesday, January 10, 2012 at the Quincy Council on Aging, Kennedy Center, 440 East Squantum Street, Quincy, MA from 2:00 PM to 4:00 PM.

He will educate you on the following Medicaid Planning topics:

- Did you know that Medicaid cannot take your home away from you?

- Did you know that you do not have to give your assets away to protect them from the nursing home?

-Are you comfortable in knowing that your estate will go to who you want, when you want, the way you want?

- Let us show you how something as simple as the way you title your assets can dramatically change your planning, and benefit your loved ones.

- Let us show you how to provide long term care for you or your loved one, while assuring the financial security for those still living at home.

- Learn the real Medicaid laws and what they mean to you, not the coffee shop, beauty shop rules.

This is an educational opportunity, no products or services will be sold.