Planning for Life

Get Your S*** Together Estate Planning Site

Posted by Harry S. Margolis on August 19, 2021

By Harry S. Margolis
 

I called my estate planning book Get Your Ducks in a Row. Chanel Reynolds, a young mother in Seattle whose husband died in a bicycle accident, is much more direct. Her website on estate planning is called GetYourShitTogether.org.

On top of her grief when her husband died, Ms. Reynolds was panicked about how she was going to take care of and raise her daughters and things as simple as how to access financial accounts on line.  If she and her husband had taken a few relatively simple and cost-effective steps in advance, it would have saved her a tremendous amount of time and stress when her husband died.

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Topics: Estate Planning, durable power of attorney, will

Let’s Clarify the MassHealth Notice Sent to All Members That is Causing Anxiety and Confusion

Posted by Patricia C. D'Agostino on June 23, 2021

MassHealth Planning - Margolis-and-Bloom-Patricia C. Dagostino

MassHealth recently sent this notice about estate recovery out to many beneficiaries. We anticipate the agency will send this notice to another batch of members at the beginning of July, we are receiving a lot of calls from clients asking what this means and so here is a brief summary.

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Topics: MassHealth planning, MassHealth, Estate Planning, MassHealth lien, estate recovery

Oldest Baby Boomers Turning 75: A Time to Plan

Posted by Harry S. Margolis on February 4, 2021

By Harry S. Margolis

baby-boomer-estate-planning-Wellesley-MA-02481

With the Baby Boom commonly defined as beginning in 1946, the leading edge of the Baby Boomers are turning 75 this year. (Interestingly, three United States presidents, Bill Clinton, George H. Bush, and Donald Trump, were all born in that first Baby Boom year.)

But what does it mean that Baby Boomers are just beginning to cross this threshold? For them? For society? This blog post will discuss the former—planning for 75-year-olds—and a subsequent post will discuss the latter—the impact on our society of aging Baby Boomers.

A Time to Plan

Borrowing both from Ecclesiastes and from my friend and colleague Rajiv Nagaich of Life Point Law in Washington State, age 75 is a good time to plan for the second half of retirement.

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Topics: baby boomers, health-care decision making, Estate Planning

How the Pandemic will Permanently Change the Practice of Law

Posted by Harry S. Margolis on January 30, 2021

By Harry S. Margolis

Covid-19-pandemic-coronvirus-estate-planning-attorney-Wellesley-MA-01760

We're almost a year into the pandemic. While the vaccines are finally giving us a light at the end of the tunnel, it's a long tunnel. If we vaccinate people at the rate of President Joe Biden's goal of 100 million shots in arms in 100 days, we won't reach Dr. Anthony Fauci's target of reaching herd immunity by vaccinating 70 population for another year.

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Topics: Estate Planning

Case Shows Difficulty of Overturning Estate Plan for Lack of Capacity

Posted by Harry S. Margolis on January 19, 2021

By Harry S. Margolis

estate-plan-incapacity-court-decision-Wellesley-MA-02481

A case recently decided by the Massachusetts Appeals Court, Joseph A. Haddad vs. Marcel A. Haddad  (Mass. App. Ct. No. 19-P-1378, January 12, 2021), demonstrates the burden on parties challenging duly executed estate plans.

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Topics: incapacity, Estate Planning

Tony Hsieh: Tragically, Another Celebrity Without an Estate Plan

Posted by Harry S. Margolis on December 16, 2020

By Harry S. Margolis

Zappos-founder-estate-planning-attorney-Wellesley-MA-02481

Tony Hsieh, the founder of the online shoe company Zappos, tragically died in a house fire last month. And, like Aretha Franklin, Prince, James Gandolfini, Philip Seymour Hoffman, and Whitney Houston before him, Hsieh, though estimated to have a net worth of $840 million, died without an estate plan (or one that was woefully out-of-date).

Why?


One answer is that the wealthy are no different from you and me, except that they have more money, or at least that's what one character said in the Hemingway story, "The Snows of Kilimanjaro:"

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Topics: Estate Planning, will

New York Life Hierarchy of Financial Needs Shortchanges Estate Planning

Posted by Harry S. Margolis on September 22, 2020

By Harry S. Margolis

Maslows-Heirarchy-of-Needs-estate-planning-attorney-Wellesley-MA-02481

Taking a page from psychologist Abraham Maslow, who created the hierarchy of human needs above, the New York Life Insurance Company has created a new chart demonstrating the hierarchy of financial needs. It places estate planning at the very top of its pyramid, implying that it's unnecessary until you've satisfied your needs for retirement or earlier financial independence. This demonstrates an unfortunate lack of understanding of the role of estate planning.

Here's how New York ranks financial needs:

  1. Cash flow and basic needs. Just making sure you have enough income to pay your rent and daily expenses, including food.
  2. Financial safety. Having enough in savings to cover your expenses in the event of a job loss or illness. This can also include insurance both to cover health and disability expenses and life insurance to be able to take care of your family. New York Life estimates that less than half of Americans have this in place.
  3. Wealth accumulation. Only when you have the first two needs met can you begin to save money for retirement and future needs or desires.
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Topics: Estate Planning

Should You Use a Lawyer or Do It Yourself?

Posted by Harry S. Margolis on June 17, 2020

By Harry S. Margolis

estate-planning-DIY-long-term-care-attorney-Wellesley-MA-02481


Do you have an estate plan? Is it up-to-date?

Why Most People Don't Have Estate Plans

While most people know estate planning is necessary and important, they put it off for a number of reasons, including the following:

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Topics: Estate Planning

Got Questions? We've Got Answers

Posted by Harry S. Margolis on May 12, 2020

By Harry S. Margolis

estate-planning-questions-special-needs-trusts-Wellesley-MA

Did you know that we have a plethora of information about estate, long-term care, and special needs planning on our website? And it's in all sorts of formats depending on how you prefer to get your information and how in-depth you'd like to delve into a particular topic. We have articles, blog posts, legal guides, podcasts, and short instructive videos.

Here's a guide:

Articles

We have dozens of articles on topics as varied as "So, You've Been Appointed Trustee: What Now?" to Is Guardianship Necessary When a Child with Special Needs Turns 18? to "44 Questions to Ask a Nursing Home." Check them all out here.

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Topics: Estate Planning

Remote Notarization Law Now Available in Massachusetts

Posted by Harry S. Margolis on April 28, 2020

By Laura Goodman and Harry S. Margolis

virtual-notirization-legal-estate-planning-attorney-Wellesley-MA

Last week, the Massachusetts legislature (finally) passed legislation permitting the remote notarization and witnessing of legal documents during the pandemic—the 45th of 50 states to take this step, and Governor Baker signed the bill into law on Monday, April 27th.

Provisions and requirements of the Remote Notarization Law

While we can now execute wills and other documents remotely, the legislation doesn't make it easy. Here are its main provisions and requirements:

  • The law only lasts until three days after the end of the state of emergency, which is now May 18th.
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Topics: Estate Planning, coronavirus, document execution

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