It’s Not Just Death and Taxes

Clients Need an Incapacity Plan that Works When It’s Needed. Estate planning is not only about having a plan in place to deal with what happens after a client’s death, it is also about having a plan in place to deal with what happens if a client becomes mentally incapacitated. In this issue you will learn: What happens without an incapacity plan. The essential documents for managing finances during incapacity. The essential documents for making health care decisions during incapacity. How to choose the right person for managing finances and making health care decisions during incapacity. The importance of keeping an incapacity plan up to date. If you have any questions about incapacity planning or have a client who needs to make or update their incapacity documents, please call our office now. Court-Supervised Guardianship or Conservatorship: How to Lose Time, Money, and Control During Incapacity Mental incapacity caused by an

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Managing the Probate Process Through Careful Planning

By Eric P. Rothenberg, Esq. – We all work hard throughout our lives with the expectation we will be able to leave an estate to our children and heirs. Too often however, we fail to take the necessary steps to preserve our wealth and our heirs are left to deal with Massachusetts probate. Fortunately, the Massachusetts law regarding probate has been simplified over the last few years, but there are still some steps you can take to ensure your assets are divided up per your wishes and avoid probate. Your retirement accounts Fortunately, most financial institutions require retirement account owners to specify a beneficiary when they open their accounts. However, you may find it to be more flexible to have your estate be named and not necessarily your spouse or children because inherited retirement accounts are taxed to the recipients as income even though they go through your estate and

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Seven Trust-Based Asset Protections Strategies for Your Clients

Posted by Robert L. Arone – Asset protection planning is a powerful way to provide additional value to your clients. In this newsletter you will learn about seven trust-based asset protection strategies and how they can: Protect your client’s assets from creditors, lawsuits, and divorcing spouses. Protect client’s assets gifted to, or inherited by, a spouse, children, or other beneficiaries. If you have questions or would like help with an analysis of which clients would benefit, please call our office now. Lifetime Asset Protection Trusts – Having Your Cake and Eating it Too A Lifetime Asset Protection Trust is an Irrevocable Trust created during the client’s lifetime that can be used to: Qualify the client for Medicaid, while preserving an income stream for the well spouse and protecting the trust assets from estate recovery after the client dies – Medicaid Planning Trusts Create a lifetime trust for the benefit of the client’s spouse,

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American Tax Relief Giving Back $16 Million To Clients

By Eric P. Rothenberg, Esq. – August 15, 2014 – According to today’s Boston Globe, the Federal Trade Commission (FTC) was able to get a federal judge to close down a company taking advantage of taxpayers needing tax relief from their debts to the IRS and state revenue agencies. American Tax Relief is giving back $16 Million to over 18,000 clients for making false promises to them. The FTC said American Tax Relief brought in over $100 Million charging individual taxpayers between $3,200 to $25,000. Not only did the owners of American Tax Relief have to give up all their assets, even the owner’s parents had to give up condominiums, jewelry and money. The FTC alleged that the company did not gather sufficient information from consumers to know whether they would be likely to qualify for either an Offer in Compromise or a penalty abatement. The FTC said not to

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Adult Guardianship in Massachusetts

By Eric P. Rothenberg, Esq. – When a loved one becomes disabled or otherwise unable to make rationale and sound decisions or communicate needs regarding their own health, safety or self-care, you should seriously consider having an adult guardianship appointed. The advocate is usually appointed in a written legal agreement drawn up by the attorneys of both parties, but if this legal document does not exist, the court of Massachusetts can step in to appoint a guardian for a disabled individual. In either case, guardianship must be approved by the court as legally binding. How to Determine if Legal Guardianship is Necessary Since every case is unique, it is up to loved ones to ultimately make the final decision whether an individual’s medical or physical impairment has rendered them unable to make cognitive decisions on their health, safety, and everyday needs. Examples of impairments can include, but are not limited

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