On March 16, 2011 a new Massachusetts Homestead Act (Homestead Act) went into effect, the revised Homestead Act affords even greater protection for property owners. A “Declaration of Estate of Homestead” is a legal document filed at the registry of deeds in the county in which a residential house exists that informs the public that
If I have to go into a nursing home, will I lose my house? This is a question we hear often in our elder law practice. The statistics show today that there is a 66% probability that the average American will spend some time in a nursing home during his or her lifetime. In the
Earlier this year revisions to the Homestead Law were enacted dramatically revising the homestead protection available for primary residences. By declaring a homestead in one’s primary residence, you can receive up to $500,000 of creditor protection against certain creditors. It’s akin to an umbrella liability insurance policy but also protects against contract claims in addition
As each summer afternoon ends more quickly than the last, our thoughts, as New Englanders, are of Patriots Football, Post Season Red Sox Baseball and the inevitable arrival of winter. This winter, when you head to your local grocery store to pick up some snacks for the game you may notice that the parking lot
Long term care in nursing homes is expensive. More and more often adult children end up paying the expense of nursing home care. If the parent is not eligible for MassHealth or Medicaid paid nursing home costs then they will be paying privately out of pocket for their care. Average nursing home costs are now
Did you know that you are entitled to a specific notice before a mortgagee (i.e. the bank) can foreclose on your residential property? If the property consists of a dwelling house with accommodations for four (4) or less separate households and occupied in whole or in part by the mortgagor, the mortgagor is entitled to
Did you know that you may sign documents presented to you by a real estate broker that could bind you to either unfavorable terms or to purchase or sell a residential home before you even sign a purchase and sale agreement? Real estate brokers generally encourage prospective sellers and buyers to sign two standard form
Most people believe that a review of the municipal zoning bylaw is all that is needed to understand the existing limitations for the demolition, construction and renovations of residential dwellings. However, did you know that many municipalities over the past few years have passed what are known as “demolition delay” bylaws? Such bylaws are thought
When an elderly man required immediate placement in a nursing home due to a stroke, his wife was faced with multiple issues including the payment of approximately $13,000 a month for his care. The elderly couple was not prepared for such a catastrophe. They did not have an Estate Plan to address issues such as:
Did you know that if you die without a Last Will and Testament the Commonwealth of Massachusetts decides how to divide up your estate? If you die without a Last Will and Testament, Massachusetts General Laws Chapter 190 dictates the distribution of your estate. The distribution of your estate differs if you die survived by