Estate Planning, Employment Law, Bankruptcy

Wills and Basic Estate Planning

Medicaid Planning Evaluations & Medicare and Medicaid Advocacy. Estate Administration & Estate Taxation.

Most people are aware that they need a will, however about 70% of us--don't have one. People put it off for many reasons, but it's important to know that writing a will is usually not complicated or expensive. Once it's done, you can rest a little easier, knowing that your wishes will be followed after your death.

What happens if you die without a will?

If you don't make a will or use some legal method to transfer your assets when you die, Massachusetts law will determine what happens to your property. Your property will be distributed to your spouse and children or, if you have neither, to other relatives according to a predetermined legal formula. If no relatives can be found to inherit your property, it will go to the state.

If you have assets over $600,000 YOU will be subject to a substantial estate tax unless you engage in tax and estate planning. A lawyer will be able to eliminate much of your tax liability.

Contact a lawyer Here

Guardianship

Guardianship is the legal procedure used to protect persons who are unable to care for themselves because of impaired judgment, mental disability, physical incapacity or diminished capacity.

A Probate Court may make a determination when guardianship is appropriate-the person is evaluated by a licensed physician and the court ascertains the appropriateness of appointing a guardian. Guardianship usually is utilized when the mental or physical impairment poses a threat to a person's own well being. Guardianship gives one person (the guardian) the power to make decisions for another (the ward).

The procedure:

A physician must attest to the person's incompetence, and a petition which must be signed by two people is filed with the Probate Court requesting the appointment of a guardian. The court notifies all the interested parties (including the proposed ward) of the petition for guardianship.The parties may object to the proposed guardianship up to a specified date, after which the court holds a hearing where a judge decides whether or not to appoint a guardian.

If a guardian is appointed they will have control over the financial and the personal decisions of the ward. Certain decisions will need court approval.

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Employment Law Issues

Lawyers handling age, sex, race, national origin discrimination. Comparable pay, sexual harassment, academic tenure, breach of contract and whistle blower cases.

If you think you have an employment law issue contact a lawyer Here

Bankruptcy

Filing for chapter 7 bankruptcy extinguishes most debts, including credit card debt, while allowing the debtor to keep certain exempt assets. Exempt assets may include certain retirement plans. If the debtor has a house they will generally be able to keep it if they are current with the mortgage payments.

Under chapter 13 or chapter 11, the debtor usually keeps all of their assets and works out a reasonable payment schedule. The debtor can save their home if they meet the payments arranged through the plan.

For Bankruptcy Issues, contact a lawyer Here

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