Helping You Protect Yourself and those You Love by creating an Estate Plan based on current Elder Law.
We’re passionate about our work. In creating an Estate Plan to minimize long term care expenses or estate tax, or to protect assets for Special Needs Beneficiaries, we regularly prepare documents such as a Living Trust, Special Needs Trust or Durable Power of Attorney (DPOA) based on the applicable current Elder Laws in Massachusetts. We know how important it is to develop and implement an Estate Plan that takes care of you and your loved ones at all stages of your life. – See what S&B clients say:
The law firm of Surprenant & Beneski, P.C. met all our needs and by far exceeded our expectations. We feel tremendous relief to have this planning completed. Mom can now enjoy her days knowing that the future is taken care of. Thanks for your sensitive attention to the details. ….Sincerely, Cindy K.
Estate Planning is a general term used to describe legal planning to achieve one’s goals in order to have assets (the estate) pass to who they want, when they want, and under the terms and conditions they want. Estate planning encompasses not only tax planning, but other issues such as asset protection planning from concerns such as drug or alcohol addiction, money management issues, divorce and other creditor issues, and special needs planning for persons with disabilities. Estate planning may also include Business Succession Planning to give thought to how a business will be run, or sold, in the event of the disability, death or retirement of an owner. Estate planning generally utilizes various documents to implement the client’s plan, such as Wills, Revocable Trusts, Irrevocable Income-Only Trusts, Irrevocable Life Insurance Trusts, Durable Powers of Attorney, Buy-Sell Agreements, beneficiary designation forms, etc.
Estate Planning in Southeastern Massachusetts
Estate Planning on Cape Cod.
“Elder Law” is generally used to describe the practice of law centered around issues related to senior citizens. While no two senior citizens are alike, common issues can be identified when representing older clients as well as their children who may seek advice in solving their parents’ issues. Similarly, while no two Elder Law practices are exactly alike, Elder Law attorneys generally counsel clients in estate planning issues, choice of medical and financial decision makers in the event of incapacity, planning for the possibility of needing care in the future, as well as seeking solutions to tax and money management issues. In Massachusetts, the leading organization in the field of Elder Law is the Massachusetts chapter of the National Academy of Elder Law Attorneys. Additionally, the American Bar Association has approved a certification for a specialist in this area, called a “Certified Elder Law Attorney”.
Elder Law in Southeastern Massachusetts
Elder Law on Cape Cod
Power of Attorney (POA) is the document in which you (the “principal”) choose a person (the “agent”) to handle your legal and financial affairs for you. The Power of Attorney can be affective immediately, or it can provide these powers in the future, when you lose mental capacity (called a “Springing Power of Attorney”). A Power of Attorney can be helpful in Medicaid planning, and may avoid a Court process to name the financial decision maker, called a Conservatorship process. Powers of Attorney documents are not all the same. Power of Attorney in Southeastern Massachusetts.
Nursing Home Care Attorney
The term “Nursing Home Care Attorney” generally refers to an attorney who works with clients who are in need of nursing home care, to secure care in an appropriate facility and to figure out how best to pay for that care. At Surprenant & Beneski, PC, we regularly work with clients and their families to look at options, to help decide whether nursing home care is necessary, which facilities to interview and how best to pay for the care, including access to government benefits, if available. For instance, the Medicaid (or “MassHealth”) regulations have asset and income rules which, if followed, may preserve assets from the cost of care. There are many factors to be considered when choosing a nursing home and a good Elder Law Attorney can help you navigate the process. Nursing Home Care in Southeastern Massachusetts.
Long Term Care Attorney
The term “Long Term Care Attorney” generally refers to an attorney who works with clients long before long term care is needed. Generally within the purview of an Elder Law Attorney, this may include review of the clients’ age, health status, assets, income and various public and private benefits which may be available to pay for the cost of Long Term Care. For instance, the attorney may discuss considerations in Long Term Care insurance and other insurance products (and make referrals where appropriate), the gifting rules and how they differ from Medicaid to estate and gift tax, and various types of trusts. The attorney may discuss the rules for various government benefits planning with the eye toward possible application for those benefits in the future. Generally speaking, planning early will enable a client to better achieve their long term care goals, including how to stay at home. Long Term care in Southeastern Massachusetts.
Are you worried about how to pay for nursing home care? You may have questions about MassHealth (Medicaid) eligibility but do not know the answers? –Or, are you hearing conflicting advice about medicaid planning from well-intentioned friends or family members? Discover how you can qualify for Massachusetts Medicaid legally and honestly. Our free medicaid planning guide has the information you need to find the truth about MassHealth (Massachusetts Medicaid) eligibility. Medicaid Planning in Southeastern Massachusetts.
Asset Protection for Seniors
You worked too hard to lose it all. At Surprenant & Beneski, P.C., we provide seniors with an individual and unique plan to protect assets for future generations while providing for immediate and future needs. We help seniors legally protect their hard-earned assets! Estate and long term care planning is not just about what happens when you die. The more important question is, “What happens if you do NOT die and are in need of care?” The best planning is done at the beginning of your elder journey while you are still relatively healthy. Don’t let high medical care costs take away your family’s saving. With planning, you can protect yourself, your loved ones and your assets! Asset Protection for Seniors in Southeastern Massachusetts.
Attention Veterans: Do you qualify for the little-known pension benefit? Are you a War Veteran? Did you serve during World War II, Korea, Vietnam or the Persion Gulf Wars? Do you have high medical bills? Are you the surviving spouse of a Veteran? There is a little-known veterans benefit that can provide you with a monthly check to help pay for your care costs. You owe it to yourself to find out. Veterans Benefits in Southeastern Massachusetts.
Planning For Young Children
Have you named guardians for your children? Do you have a plan for what would happen to your children if something happened to you? Don’t leave your child’s future to chance. Get the answers you need. Planning For Young Children in Southeastern Massachusetts.
Special Needs Children
As parents of a child with special needs, you want to make sure that your child is protected for life. Our mission is to liberate parents from the fear they have about their child’s future and empower them to make the best decisions. Find out how to build a fortress of protection for your child with special needs that will last a lifetime. Special Needs Children in Southeastern Massachusetts.
Estate Tax Planning
Are you worried about the IRS taking half of what you worked so hard to create? We can show you how to minimize, perhaps even eliminate your burden through proper estate tax planning. Massachusetts imposes an estate tax on anyone who dies owning more that $1 million dollars in assets. Your assets include your home, the death benefit of your life insurance and your retirement plan. The tax begins at $30,000 for those owning $1,000,000. Advanced Estate Tax Planning in Southeastern Massachusetts.
Living Trust Planning
Want to know how to turn your IRA into millions for your children and grandchildren? The IRA Inheritance Trust® is a specially designed trust whereby you can provide your beneficiaries with the best of both worlds. Through living trust planning, you’re able to have asset protection from claims of creditors, plus the ability for each of your beneficiaries to use their individual life expectancy to stretch out the RMDs. Living Trust Planning in Southeastern Massachusetts.
Alzheimer’s Disease Help
If you have a loved one who has been affected by the devastating consequences of Alzheimer’s Disease or Dementia, you likely have a number of unanswered questions. Our Alzheimer’s Legal Survival Guide offers real world solutions that will help you get quality care for your loved one, protect your family’s finances, and regain peace of mind. More hera on Alzheimer’s Disease Help.