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Brian Mahoney - Boston, MassachusettsElder Law and Estate Planning Attorney



“We Estate Plan For Life…”

We need to plan for when we are alive. If we become disabled we need someone to assist us, even if it is only regarding a temporary disability. So we all need a Power of Attorney. If we become totally incapacitated a Power of Attorney is essential because we may need our Attorney to transfer assets to qualify for State sponsored Nursing home or Hospital care, to avoid Liens on our homes and maybe to avoid Estate taxes.

Nursing home care or hospitalizations can drain our assets and lead to Government liens on our homes and estates. We should plan now when we are healthy to avoid the potential for economic disaster. If you are young or middle aged with a family you should plan now for the safety of your children. If we fail to plan, illness or trauma can cause us to lose the mental faculties required to execute the legal documents needed to save our assets or legacy for our families. An Estate Plan is a little like obtaining some insurance against possible problems in the future, except there are no continuing monthly premiums. Every so often we will re-assess your plan to ensure it comports with changes in the Law, changes in your assets or health and changes in your goals.

A Health Care Proxy (also referred to as a Living Will ) allows a loved one to make medical decisions for you if you become injured or ill and rendered unable to communicate. No one wants to guess for you in an emergency situation. We help clients to avoid stress and family arguments, which are often caused by uncertainty and confusion. A specific plan decreases the chance of expensive litigation (recall the Terri Schiavo tragedy in Florida in 2005.)

“… We Estate Plan For When We Are Gone…”

  We should draft Wills and Appoint Guardians and Trustees to watch over our Children and Grandchildren. We need to plan for our property to specifically go to whom we want it to and also to exclude certain people.

We want to reduce or eliminate our Probate Court Estate to:

  • Save on Legal fees and Court costs.
  • Avoid the duty to notify the Government that a client passed away (they need to be notified by Law on every Probate Estate filed so they can Lien estates to re-coup the cost of Medical or Nursing Home care benefits they paid out.)
  • Avoid a Probate Court ordering that a client’s death be published in the newspaper so as to avoid public notice to potential creditors. We want your family or surviving Spouse to take all of your property for they will likely need it.

Protection of a client’s Surviving spouse and children is our only goal. We take great pride to help you plan to avoid Federal and Massachusetts Estate Taxes.

Trusts or a properly drafted Deed allow property to pass to loved ones privately and without Probate Court delay and expense.

We Draft Simple and Sophisticated Trusts

We have sophisticated up to date Drafting Software and an extensive custom Clause and Templates Library to draft documents for your specific Estate Plan needs including:

Living Trusts ∙ Realty Trusts ∙ Estate Tax Avoidance Trusts ∙ QTIP Trusts ∙ Credit Shelter Trusts & Irrevocable Life Insurance Trusts (ILIT's) ∙ For Disabled Adult or Child: Special Needs and Supplemental Needs Trusts ∙ Stand Alone Retirement Plan Trusts ∙ Asset Protection Trusts ∙ Nominee Trusts.

We assist clients to avoid government imposition of liens and taxes so we can leave our hard earned assets to our families.

For a more detailed explanation of our services, please select the ARTICLES button on the left of the screen and click onto the document entitled: Estate Planning Services and Documents Explained, By Attorney Brian F. Mahoney.



© Brian Mahoney, Esq. - Estate Planning Attorney - Brian Mahoney - Serving Canton and Dedham, Massachusetts