Winston Law Group

"We take pride in the relationships we build with our clients.  It’s the foundation of understanding and trust that helps us develop legal and life care plans perfectly suited to their lives."

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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If you were asked, “Would you be my Executor / Trustee / Conservator?”, how would you answer that question?

Family members and friends are often asked to serve as the administrator or “fiduciary” of a Will, Trust, or estate of an incompetent person. These include the titles of Executor or Personal Representative named in a Will, Trustee of a trust, or Conservator of an incompetent person. Each appointment brings with it both liabilities and […]

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MassHealth vs. Irrevocable Trusts – a Concerning Trend

What is happening? There has been a concerning trend with MassHealth’s treatment of irrevocable trusts. What once was a reliable asset protection strategy has now become a minefield of adverse and unlawful MassHealth decisions that result in benefit ineligibility. In a nutshell, MassHealth caseworkers and hearing officers are denying MassHealth applicants eligibility because they are […]

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From Nursing Home to Community Living – Could This Work for You?

Given the number of options available for at-home care and financial assistance from state Medicaid (called MassHealth or CommonHealth in Massachusetts) programs, we are now seeing a growing trend of nursing home residents regaining their independence and transitioning back into the community. This is a very attractive possibility for those individuals needing an increased level […]

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Maintaining Medicare Skilled Nursing Facility Coverage

Following a hospital inpatient stay of at least three days, Medicare will pay for care in a skilled nursing facility (SNF) for up to 100 days for each period of coverage. This is often called “rehabilitation” coverage and can be provided in a dedicated rehabilitation facility, certain parts of some hospitals, or in some facilities […]

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How Senior Care Options (SCOs) Can Benefit You

What is Senior Care Options? Low income seniors may be eligible for MassHealth Standard for comprehensive medical coverage. Seniors may also have Medicare Parts A and B, as well as supplemental health insurance, such as Blue Cross/Blue Shield or Tufts. Together, these segregated plans provide essential medical coverage to seniors with limited means. But are […]

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Understanding the Pros and Cons of a Life Estate

What is a life estate? A life estate is a type of ownership interest in real estate.  Most commonly the life estate is conferred by deed but may also be conferred in a will or trust.  The typical scenario pertains to a parent who wants to “give the house to the kids” for estate and asset protection […]

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