Nursing Home Exemptions: disabled child

Question:     We are getting up in years, and live at home with our adult handicapped daughter.  We are nervous that a potential long term nursing home stay by either of us would result in the house being taken to cover costs.  How can we insure our daughter can remain living in our house, without interruption?

Answer:      Transferring title of your home to a specialized Medicaid protection trust is recommended in order to Continue reading

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Supreme Court Rules For Homeowners Against Government

A young attorney named Damien Schiff, of the Pacific Legal Foundation recently won a 9-0 verdict by the Supreme Court against the Environmental Protection Agency (EPA).  The foundation represented a couple who, in 2007, tried to build a small home on a $30,000.00 purchased in Idaho.  

After the couple received municipal approval and broke ground, to build their new home, the EPA issued a heavy handed compliance order Continue reading

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New Mass. Probate Rules Aim For Greater Ease

This year, April fools day brought two abrupt changes to my home and my practice.  At home, my 7 year old son discovered the joy of swapping bottles of shampoo and conditioner.  A delightful prank on his unsuspecting parents.  At the office, the Massachusetts legislature swapped rules governing the probate of estates – less delightful.
A historical shift in Massachusetts probate law Continue reading

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Hung Jury: Not Double Jeopardy

This week, we saw the end of the month-long trial of Dwayne Moore, who was accused of killing four people and shooting a fifth person in Mattapan during 2010.  The Judge declared a mistrial, because jurors spent a steadfast week in disagreement with no hope of breaking the deadlock.  Afterward, prosecutors promised to retry the alleged shooter – which prompted my friend to ask why “double jeopardy” doesn’t apply.   Continue reading

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Facebook Goes Public: What About Your Privacy?

I received two phone calls yesterday, from a political polling survey.  I quickly hung up each time.  Then a telemarketer called my cell phone.  I also hung up.  Walking through Boston, at the end of the day, two people tried to stop me for a “60 second survey about my health care preferences”.  I kept walking.  I had nether the time or desire to speak with these privacy invading, time wasting fact finders.    Continue reading

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Deed from Company Requires Red Tape

I represent a real estate developer who’s company is organized in Massachusetts as a Limited Liability Company (LLC).  In order to record the deed from a recent sale, I took a slightly absurd journey.   Continue reading

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Masshealth Cracks the Safe For Repayment

The Massachusetts Division of Medical Assistance flexed its muscles last month and showed its broad power to recover assets paid on behalf of nursing home residents.  The Essex Superior Court decided the rightful owner of a large sum of cash found in an abandoned safe which formerly belonged to Daher’s Shoes Inc. in Methuen.   Continue reading

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