A trust is one of the most effective ways to protect your assets and provide for your loved ones. It allows you to set clear instructions for how your property should be managed and distributed, both during your lifetime and after you're gone. However, creating a trust is only part of the...
Understanding a Trustee’s Duty to Administer and Protect Trust Property
A trustee holds a significant position of trust and responsibility. When someone creates a trust, they rely on the trustee to carry out their wishes and safeguard the assets within the trust. This role isn’t just about managing finances; it’s about honoring the trust’s purpose and protecting the interests of the beneficiaries....
The Crucial Step: Funding Your Trust
By Rebecca S. Spinner, Esq.
Creating a trust is a significant step in estate planning. However, simply drafting the trust document is not enough. The most critical part of the trust creation process is funding the...
Options for Trust Reformation and Modification
Irrevocable trusts are often seen as set in stone, but life doesn’t always follow the plans we make. Sometimes, circumstances change, and a trust may no longer meet the needs of its beneficiaries or align with the grantor’s original intentions. Whether it’s due to a significant life event, tax law changes, or...
Pooled Trusts Reinstated: An Asset Protection Tool for Long-Term Care Planning
By Attorney Erin l. Nunes, Esq., Partner
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Great news for Massachusetts residents! Pooled trusts are once again available as an asset protection tool for those planning for long-term care. Thanks to the recent passage of the Long-Term Care Bill, individuals seeking MassHealth benefits can now establish a pooled...
Using Trusts for Medicaid Planning in Massachusetts
Medicaid is a government program that provides health care coverage to people with limited income and resources. To qualify, you must meet strict eligibility criteria, which include limits on your income and assets. For many applicants, this means reducing their countable assets below specific thresholds. Without planning, this could require spending down...
Is a Trust Better Than a Will?
Have you ever wondered whether a trust or a Will is better for your estate planning needs? Many people face this dilemma when considering how to protect their assets and ensure their wishes are honored. Each option has its unique benefits and drawbacks, and choosing the right one can significantly impact how...
How Trusts Can Provide for Loved Ones With Substance Abuse Issues
Substance abuse is an escalating concern in Massachusetts and across the nation, impacting countless families and communities. At Surprenant & Beneski, P.C., our estate planning attorneys have extensive experience assisting families who are coping with a loved one's substance abuse issues. Knowing that problems of substance abuse impact individuals and their families...
Special Needs Trust vs ABLE Account
At Surprenant & Beneski, P.C., we specialize in providing estate planning services to clients throughout Southeastern Massachusetts. Among the crucial tools in our estate planning arsenal are Special Needs Trusts (SNTs) and ABLE accounts, each designed to enhance quality of life for individuals with disabilities without compromising their eligibility for essential...
Jay Leno and Conservatorship: Protecting Assets or Restricting Rights?
By: Attorney Michelle D. Beneski, Esq., CELA, LLM Taxation, Managing Partner
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The recent news of Jay Leno seeking conservatorship for his wife has brought this legal process into the spotlight. While it can be a crucial...
