WInston Law Group
Winston Law Group

"At Winston Law Group, we know you’ve worked hard to build the life you have.  You can be assured we will work just as hard to help you and your family keep those assets."

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A Guide to Surviving Spouse IRA Options

In order to explain how a traditional surviving spouse IRA operates, you must first understand how it would work for you during your lifetime. Funds that you have contributed to your traditional IRA investment account are untaxed earnings, and will be allowed to grow with investment income, which will then be taxed together as ordinary […]

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Your IRA or Retirement Account When You Die

This is the first installment in a series that will be printed in this newsletter every third edition to describe the options and details for establishing an estate plan by the owner of these accounts. IRAs and employer sponsored retirement accounts (i.e., 401K, 403b, etc.) often hold a substantial portion of an individual’s savings upon […]

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You’ve Been Appointed as a Guardian or Conservator – Now What?

Massachusetts probate courts are seeing a steady increase of individuals petitioning for and being appointed as a guardian, conservator, or both, for elderly, disabled and minor individuals. Petitioning the court is the simple part; unfortunately, the requirements accompanying the appointment are not. As a result, many people are finding themselves in violation of their duties as […]

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A Divorce for Co-Owners of Real Estate

What happens when you own a piece of real estate with someone else or a group of other people, but there is a disagreement on what to do with the property? Someone may want to sell, someone may want to rent, and someone else may want to use the property as a primary residence. Disputes […]

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How Work Affects Your Social Security Benefits

There are a number of rules that apply to receiving Social Security benefits and receiving work income for the same time period. To understand these, first differentiate between receiving benefits under the Social Security insurance programs, as compared to receiving benefits under the needs-based program called Supplemental Security Income (SSI).  Insurance programs include Social Security Disability […]

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What Every Same-Sex Couple Should Know About DOMA

In June of this year, the Supreme Court overruled key provisions of the Defense of Marriage Act (“DOMA”), thereby eliminating the definition of marriage as one between a man and woman. Not only did this represent a tremendous victory for same-sex spouses and modern families across the country, but it also extended numerous retirement benefits, […]

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Will My Child’s Divorce Affect My Estate Plan?

The divorce rate in the United States is currently about 50% of all marriages. Most parents do not want to see their estate assets go to a child’s divorced in-law in a marital property division even though they usually want their child, and their grandchildren, to benefit from their estate. What should parents do to […]

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Social Security Survivors Benefits: What Is Your Spouse Entitled To When You Die?

You and your spouse may be relying on your portion of your Social Security Retirement Benefits to pay most of your household expenses, especially if you receive the higher payment. What happens to your spouse’s income if you pass away? Most people are aware that Social Security may pay survivor’s benefits to widows, widowers, and […]

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Setting up a Guardianship for Adult Disabled Child (or Other Family Member)

Do I need a Guardianship for Adult Disabled Child? Parents frequently tell us that they have been told by someone such as a medical provider or institution administrator that their disabled child must have a formal guardianship granted by the Probate Court when the child reaches adulthood, which in Massachusetts is age 18. Unless the […]

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Choosing Your Medicare Prescription Drug Provider

With the addition of prescription drug coverage under Medicare Part D in 2006, Medicare beneficiaries need to select an insurance company or other private company approved by Medicare to provide pharmaceuticals. How the provider is chosen will depend upon whether the beneficiary has original Medicare Part A and Part B coverage with independence in choosing […]

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