Seeking Attorney with focus on Estate Planning, Elder Law, etc.

jek

NES Life Member
NES Member
Joined
Apr 16, 2017
Messages
2,194
Likes
2,803
Location
Worcester County
Feedback: 7 / 0 / 0
Looking for an attorney to work with for the best options in estate planning. Ideally s/he should have an office in the Metrowest area and their primary focus is estate planning. I'd like to hear who you would recommend, as well as who to avoid. Thank you in advance.
 
what are your goals?

Most "advisors" are trying to sell you something.

You need a good Lawyer, I don't know any out your way but what you are looking for is:

A irrevocable trust for any real estate, this will, if done right and at least 5 years before you need Medicaid nursing home care, will keep the house out of your asset pile and will bypass probate.

A revokable trust for other assets, a lawyer can tell you what should be in there

a health care proxy and durable power of attorney

and a will.

Make and pre pay your funeral arrangements

Make sure any life insurance, IRA, pensions , etc have the correct beneficiaries to reflect your wishes.

Don't leave your Executor and trustees in the dark, let them know where important papers are, car titles, deeds, prior year tax returns, lists of bank accounts insurance policies and investments. Make sure they know where keys to things are, and computer passwords can be put in a sealed envelope or thumb drive with your In Case of Emergency manila envelope.
 
Looking for an attorney to work with for the best options in estate planning. Ideally s/he should have an office in the Metrowest area and their primary focus is estate planning. I'd like to hear who you would recommend, as well as who to avoid. Thank you in advance.

Spano & Dawicki LLC., but they’re in Saugus ... and not inexpensive. They practice exclusively in estate/elder law.

R
 
You also need a MOLST (Medical Order For Life Sustaining Treatment) as part of your estate plan in MA. It is a medical form, not a legal from, and must be signed by MD.
If you have turned blue on the kitchen floor EMT's will jump on your chest to resuscitate you unless MOLST tells them otherwise.

Appraiser lists the necessities. Expect to pay anywhere from 5K to 10K. Trust docs aren't cheap. I would go with a fixed price package. Hourly rates are probably between $250-350. (Sr. atty's are worth the extra. Jr. atty's are charging you for OJT)
 
Last edited:
Looking for an attorney to work with for the best options in estate planning. Ideally s/he should have an office in the Metrowest area and their primary focus is estate planning. I'd like to hear who you would recommend, as well as who to avoid. Thank you in advance.
Sorry mine was in the northeast area. Get a good one is all I can say. I took my mom in and they were great with her and took her into meetings alone to make sure the kids were not pressuring her. Also while the house ended up being under my name , legally she could not ever be kicked out. Good lawyer = Good Legal docs
 
If you have turned blue on the kitchen floor EMT's will jump on your chest to resuscitate you unless MOLST tells them otherwise.

Thanks, I will check on that. It would be the same instructions I gave my Health Care Proxy - once I go horizontal, pull the plug :).
 
Get a good one is all I can say

I'm trying, but recommendations are slim. Friends' attorneys are either retired, or about to retire. I thought this forum would be good since there are posters that I assume are around my age and would've likely gone through the process. Some of the recommendations above look good, but I want a few to "interview".
 
I'm trying, but recommendations are slim. Friends' attorneys are either retired, or about to retire. I thought this forum would be good since there are posters that I assume are around my age and would've likely gone through the process. Some of the recommendations above look good, but I want a few to "interview".

As I said the one I used is up north out of Billerica Mass. I can PM you his name also I’ve heard good things on Cushing and Dolan out of Waltham.
 
That's a DNR. Has to come from a doctor. Best to die at home with your family. Jack.
That's my plan, unless I have one of those slow fatal non-treatable conditions. Then I may take a walk in the woods after a fly fishing trip in northern Maine. Maybe tie it in with the end of fishing season and start of bird hunting season if the timing works.
 
John Connolly 545 Salem St, Wakefield, MA 01880
Phone: (781) 557-2000

They did planning for me in 2012, ran about 10 grand at the time as there was quite a bit involved.

They set up the trusts, got the FIN's, moved properties into the trust, filed all the paperwork with the registry of deeds, etc etc etc.
 
I second Todd Lutsky at Cushing and Dolan in Waltham. He does a great job explaining the options to an elderly client, which may be the most significant part of this process. And they have full size candy bars in their reception area.
 
Hopefully you’re doing this as a planning exercise rather than an “oh shit” activity.

We were in an “oh shit” mode with my grandmother. I was her primary caregiver and she had all the medical docs done but due to early onset Alzheimer’s and a couple of falls, we needed to get her into nursing care. Our lawyer, Denise Harvey, was able to pretty much work a miracle so the state didn’t eat up all of her assets despite needing MassHealth. I know she’s out of Metrowest being in Salem MA but I would highly recommend her. I have no idea about her costs since when I worked with her in 2003 and 2008, she was with a different firm in Boston. It looks like she’s since opened up her own shop.

Who We Are | Salem, Boston MA Disability, Elder Law Attorney
 
You also need a MOLST (Medical Order For Life Sustaining Treatment) as part of your estate plan in MA. It is a medical form, not a legal from, and must be signed by MD.
If you have turned blue on the kitchen floor EMT's will jump on your chest to resuscitate you unless MOLST tells them otherwise.

Appraiser lists the necessities. Expect to pay anywhere from 5K to 10K. Trust docs aren't cheap. I would go with a fixed price package. Hourly rates are probably between $250-350. (Sr. atty's are worth the extra. Jr. atty's are charging you for OJT)
This! I experienced this a few days ago. It feels awful resuscitating a dead person almost 100 yrs old after the family has allready accepted their passing. Make sure you have the correct paperwork signed and dated on scene. Or instruct your family not to call 911. There are requirements that 1st responders have to follow.
 
First semester of LS instruction presses selling life estates pk's to every encounter in ones law practice.;).ime.
I'd certainly vet the provider well!
 
As far as estate planning specialists are concerned, consider reaching out to Denise McCarthy at Cody, Cody and McCarthy. They have an office in Newton (that's almost Metrowest, right?) Home - Cody, Cody & McCarthy, LLC

Also, I see that @eboos has an office in Worcester. I haven't had the occasion to work with him yet, but he seems like he might be a good choice as well.

I handle basic estate planning (simple wills, POAs, conventional revocable trusts, etc.), but for complicated engagements and HNW individuals, I generally refer out.
 
As far as estate planning specialists are concerned, consider reaching out to Denise McCarthy at Cody, Cody and McCarthy. They have an office in Newton (that's almost Metrowest, right?) Home - Cody, Cody & McCarthy, LLC

Also, I see that @eboos has an office in Worcester. I haven't had the occasion to work with him yet, but he seems like he might be a good choice as well.

I handle basic estate planning (simple wills, POAs, conventional revocable trusts, etc.), but for complicated engagements and HNW individuals, I generally refer out.

Funny seeing you here as I was going to call. Do you do simple asset (home) protection from nursing home or other greedy bastards?
 
what are your goals?
A irrevocable trust for any real estate, this will, if done right and at least 5 years before you need Medicaid nursing home care, will keep the house out of your asset pile and will bypass probate.
The key is "irrevocable". If you can access the value of the house for anything other living in it, it is still an asset for Medicaid purposes.

A revokable trust for other assets, a lawyer can tell you what should be in there
All major assets, including real estate if you do not want to make your house trust "irrevocable". This will bypass probate. Attorneys are not allowed to charge by the value of the estate when handling probate, but they always seem to get their "fair share" of the loot.

a health care proxy and durable power of attorney
Only if you have someone you really really trust.

and a will.
Be sure to include a contestability clause - anyone who contests the will gets nothing if they lose.

Make and pre pay your funeral arrangements
This is an allowed expense during the 5 year lookback period as long as you do not include flowers in the funeral contract. This is held in an irrevocable funeral trust (you can't get your money back). The reason it is an allowed expense during Medicaid lookback is to save the state from dealing with your corpse.

Make sure any life insurance, IRA, pensions , etc have the correct beneficiaries to reflect your wishes.
Be sure to understand tax implications on the recipient of reitrement accounts. This can motivate you to will them to your kids rather than spouse if you have enough other assets.

Don't leave your Executor and trustees in the dark, let them know where important papers are, car titles, deeds, prior year tax returns, lists of bank accounts insurance policies and investments. Make sure they know where keys to things are, and computer passwords can be put in a sealed envelope or thumb drive with your In Case of Emergency manila envelope.
I have all my passwords in a "pwsafe" vault and have the password to that in my death envelope. Also, if no one outside your household has the safe combination consider keeping it on file with your attorney.
 
Back
Top Bottom