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Do you Own Real Estate in States Other Than New Hampshire? Beware Probate costs!!

Most people do not realize that their estate might have to be probated more than once: once in New Hampshire because they are New Hampshire residents and once again in Massachusetts, Florida, Arizona or wherever they may own real estate. Some of those states can have very expensive Probate costs. Florida law, for example, allows […]

Nursing Home Involuntary Discharge

Nursing homes seem to be attempting to discharge their “more challenging” residents at an increasing pace. Reimbursements rates are static, Medicaid is very slow paying, and labor costs are rising- if the facility can find staff. As a result some nursing homes will attempt to discharge residents who are heavy care, noisy, or who otherwise […]

Should You Prepare a Medicaid Application Yourself?

Should you prepare a Medicaid nursing home application yourself or hire an attorney? For some people, it might not make a difference but for others, attempting to file the application without legal help can prove to be financially disastrous. Even worse is letting the nursing home or some non-lawyer “Medicaid Specialist” prepare the application. Medicaid […]

IRA Beneficiary Trusts

A properly drafted standard revocable trust can be the beneficiary of an IRA- the key words being”properly drafted”. Using a trust as the beneficiary can be very helpful if the Grantor is concerned about asset protection for his or her beneficiaries. The US Supreme Court has ruled that, unlike normal IRA Beneficiary Trusts, inherited IRAs […]

The Family Vacation Home in Estate Planning

As the season for enjoying our lake or beach property is winding down, the issue of dealing with those properties in an estate plan may arise. The family vacation home is sometimes a very tough estate planning challenge. This is especially true when the beach or lake home has been in the family for years, […]

Saving for College or How to Use a Section 529 Plan in Estate Planning

A Section 529 Plan (named for the Internal Revenue Code establishing these accounts) may be a great way to not only help your children or grandchildren with their education but also could be a great estate planning tool. With a 529 plan, you initially fund it with a “gift.” The plan will have a named […]

Make this Estate Planning Move Right Now: Check your Beneficiary Designations

Market Watch recently had an interesting article listing six “”Horror Stories” about beneficiary designations. Often overlooked in estate planning, beneficiary designations can be an extremely important planning tool- or a “Horror Story.” The article can be found HERE. We recommend that all designations be reviewed with your estate planning attorney. This includes IRAs, 401(k)s, 403(b)s, brokerage accounts, life insurance policies, annuities […]

When is a Guardianship Necessary? And How is One Obtained?

A Guardianship grants one person control over another person’s assets or even control over the actual person. Technically these are called Guardianship over the Person and Guardianship over the Estate. The process starts by the proposed Guardian petitioning Probate Court for an appointment through the Court’s electronic filing system. That Petition must meet certain requirements such as specifically […]

Consulting Agreements for Small Business

Protect Your Small Business with Consulting Agreements Before Hiring,  by Elizabeth A. Brown, Esq When small businesses start to grow they frequently find themselves needing to hire consultants and independent contractors to help them expand their business.  This can be an exciting and potentially lucrative undertaking for a business.  But, before you get caught up in […]

Limited Liability Company Contracts– Words of Caution for the Small Business Owner

Take Caution When Signing Limited Liability Company Contracts by Elizabeth A. Brown, Esq One of the principal reasons for forming and conducting business as a limited liability company is to minimize the chance that you and the other members of the company will be held personally liable for debts incurred by or on behalf of the […]