Answers To FAQs For Your Estate Planning And Special Needs Planning Needs

We serve a diverse range of clients, including individuals and families from all walks of life. Our practice focuses on estate planning, special needs planning, and asset protection, catering to those with various levels of assets and unique family dynamics. Whether you have a loved one with special needs, are planning for your family’s future, or require assistance with trust administration, we are here to provide tailored legal solutions that meet your specific needs. Our goal is to ensure that every client feels supported and understood, regardless of their circumstances.

Many individuals often underestimate the significance of what they own, not realizing that their assets—whether it’s a home, savings, or personal belongings—hold substantial value. It’s crucial to express your wishes and plan for your future, ensuring that your assets are managed and distributed according to your intentions. A proper estate plan includes key documents like a living trust, will, health care proxy, and power of attorney, which ensure that your decisions regarding your health, finances, and minor children are respected if you’re unable to make those decisions yourself. An estate plan allows you to protect what you have, provide for your loved ones, and maintain control over your personal and financial affairs. Planning now can prevent confusion later and ensure that your legacy is preserved in the way you envision.

Most families require a foundational estate plan that includes essential documents such as a Will, Trust, Power of Attorney, and Health Care Proxy. However, for families with individuals with special needs, additional steps are necessary to protect their loved one’s future. In these cases, it’s crucial to consider establishing a Special Needs Trust—either a Third-Party Special Needs Trust or a First-Party Special Needs Trust—depending on the assets involved. These trusts are designed to ensure that the individual with special needs can maintain eligibility for public benefits while still benefiting from the assets set aside for their care.

If you have minor children, it’s essential to take specific steps in your estate planning to ensure their well-being and future. First, designate a guardian in your will who will care for your children if you are no longer able to do so. Next, consider establishing a trust to manage any assets you leave behind for your children until they reach adulthood. This allows you to specify how and when the funds should be used.

During or after a divorce, it’s essential to update your estate plan. You should revise your trust, will, powers of attorney, and healthcare proxies to reflect your new situation. Other key steps include retitling assets, updating beneficiaries on life insurance policies, non-retirement and retirement accounts. Additionally, consider the impact of losing spousal estate tax exemptions and adjust your estate tax planning accordingly. You may also have to reevaluate your nursing home planning strategies and Medicaid eligibility, which may be affected by the division of assets.

While a will is an essential part of any estate plan, a trust may also be beneficial depending on your situation. A will allows you to specify how your assets will be distributed and to name guardians for your minor children. However, a will must go through probate, which can be time-consuming and costly.

A trust, on the other hand, can help you bypass probate, keep your estate matters private, and provide greater control over how and when your assets are distributed. Trusts can also offer tax benefits and protect your assets from creditors. Whether you need a trust in addition to your will depends on your specific goals and the complexity of your estate. We can help you determine the best approach for your situation..

Probate is the legal process through which a deceased person’s assets are distributed according to their Will, or if there is no Will, according to state law. This process involves validating the Will, appointing a Personal Representative (also known as an executor), paying any debts and taxes, and distributing the remaining assets to the beneficiaries. Probate can be time-consuming and costly, which is why many people choose to use estate planning tools, like Trusts, to avoid or minimize the probate process

This is a common question that we receive from prospective clients. No – a Will does not help you bypass probate. Wills and probate go hand-in-hand, in that a Will is a set of instructions for probate itself. We help our clients create strategies to mitigate some of the challenges of probate, and offer a wide-variety of solutions including Trusts and Beneficiary Deeds.

Yes! Wills are a foundational part of Estate Planning. Even if you have a Trust, you’ll want a Will for things like naming a Personal Representative and creating a “pour-over” to your Trust. If you have minor children, a Will is the document where you nominate guardians for your minor children.

Trusts bypass probate, are private, can help mitigate taxes, offer different levels of asset protection, and are oftentimes much less expensive (and significantly quicker) than going through probate. With a Trust, you can plan distribution while protecting the beneficiaries from creditors.

When creating a trust, always consider who will serve as your trustee and successor trustees. Choose someone you trust, who is financially savvy, and who understands your wishes. A well-chosen trustee can ensure your assets are managed and distributed according to your plan, protecting your legacy and providing peace of mind.

An estate plan should be reviewed and updated whenever there are significant life changes, such as a marriage, divorce, birth of a child, or the passing of a loved one. Additionally, changes in your financial situation, such as acquiring new assets or significant changes in your income, should prompt a review. Even if no major life events occur, it’s wise to review your estate plan every 3-5 years to ensure it still aligns with your goals and reflects current laws. Regular updates help ensure that your wishes are accurately reflected and that your loved ones are protected.

Yes, we handle probate matters as part of our comprehensive estate planning services. Our goal is to ensure that the probate process is handled efficiently and in accordance with your wishes, while minimizing stress and legal complications. If you have questions about probate or need support with estate administration, please feel free to reach out.

We understand that it can be challenging to find time during regular business hours, so we offer a limited number of evening and weekend appointments to accommodate you.

No—our first 45-minute consultations are entirely free. During this time, we’ll get to know you, provide an overview of our practice, and address any questions you may have.

We understand that distance can be a concern, and we are committed to accommodating clients regardless of their location. We offer virtual meetings to provide convenience and flexibility for those who cannot visit us in person. If a face-to-face meeting is necessary, we are happy to arrange travel to meet you at a location that works best for you. Your needs and convenience are our priority.

A Special Needs Trust (SNT) is designed to manage and protect assets for a disabled beneficiary without jeopardizing their eligibility for needs-based government benefits. SNTs should be drafted by a qualified attorney, as there are specific trust provisions that must be included in the trust document in order to qualify the trust as an SNT under both federal and state law. For example, the trust should include specific SNT language that generally prohibits distribution of funds directly to the disabled beneficiary but allows funds to be used to pay for goods or services for the beneficiary that supplement but do not replace goods or services provided by needs-based government benefits.

Although Special Needs Trusts are commonly set up by parents for their disabled children, any third party can establish one for the benefit of a disabled individual. If you are a grandparent or a concerned uncle and aunt, you can establish a Third-Party Special Needs Trust.

A first-party trust is funded with the special needs trust beneficiary’s own money or assets. Because of this, Medicaid has a lien on the funds and gets a portion of the remaining assets upon the death of the beneficiary. While almost anyone can establish a third-party special needs trust, a First Party Trust can only be established by one of the following- the disabled person, parent, grandparent, legal guardian, or a court.

A third-party trust is funded by somebody other than the special needs trust beneficiary (family member, friend, etc.). There is no Medicaid Payback here – the donor gets to decide what to do with the remaining funds upon the death of the beneficiary.

Yes, it’s still important to set up a Special Needs Trust. This trust can shield your disabled beneficiaries from potential creditors. For instance, if they are ever involved in a personal injury lawsuit, the assets within the trust are protected and not accessible to the plaintiffs. Additionally, because the funds in a Special Needs Trust are not considered available assets for government benefit eligibility, more of your money can be used for supplemental expenses, enhancing your beneficiary’s quality of life. Without this trust, significant assets could be spent on costly private care, which can quickly deplete even substantial resources.

Guardianship is a legal arrangement used when someone can no longer make or communicate safe and sound decisions about their personal affairs or property, or is at risk of fraud or undue influence. Because guardianship can significantly impact an individual’s rights, it should be considered only after other alternatives have been tried and found lacking or are not viable.

For many families with special needs children, the concept of guardianship is straightforward. If your child is unable to make informed decisions regarding their medical, educational, and financial needs, you can apply to become their legal guardian.

The responsibilities of a guardian can differ depending on whether you are a limited or general guardian. These responsibilities may include making decisions about healthcare, education, and other aspects of the person’s life. The court’s guardianship order will clearly outline which rights remain with the individual under guardianship.

You can designate a guardian in your will. By naming someone as the guardian of your child, you ensure that your preference is documented. However, this nominated person will still need to be formally approved by the court after your passing.

Additionally, you can appoint a co-guardian while you are still alive. This involves starting a new guardianship process with the co-guardian as the petitioner, which unfortunately may require you to step down as the current guardian and start the guardianship process from scratch. This approach helps ensure that, upon your death, the co-guardian can seamlessly continue fulfilling their duties.

Here are some alternatives to guardianship. These alternatives allow for more autonomy for the individual but may not provide the same level of legal authority or protection as guardianship.

Supported Decision Making (SDM)- allows an individual with a disability to make choices and decisions about their life with a designated person or team of trusted supporters. They can stay in charge but have help when needed. However, Massachusetts does not currently have a SDM law. This means that if your child signs an SDM agreement, the school, medical providers and state agencies don’t have to honor it.

Durable Power of Attorney– A durable power of attorney (DPOA) for property is a legal document that grants one person the legal authority to handle the financial affairs of another. A person can give the authority to deal with their financial matters. However, this document can be revoked at will. The person can take away our authority at any time, without any valid reason, without any prior notice. 

Health Care Proxy– A health care proxy, is a legal document granting decision-making powers related to health care to an agent; it may generally provide for the removal of a physician, the right to have the incompetent patient discharged against medical advice, the right to medical records and the right to have the patient moved or to engage another treatment. Just like a DPOA, a healthcare proxy can be revoked at any time, which is why it may not be helpful if the person you care for has mental health issues.