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

    By Winston Law Group in Social Security Benefits

    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 divorced former spouses, but they may not know exactly how much the survivor is entitled to. The answer will vary depending on an array of scenarios.…

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

    By Winston Law Group in Guardianship/Conservatorship

    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 child obviously has very little or no judgmental capacity, our usual response is to first evaluate from a legal and medical perspective whether a less formal…

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  • Choosing Your Medicare Prescription Drug Provider

    By Winston Law Group in Medicare

    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 its providers, or has joined a Medicare “Advantage Plan” under Part C, which is sometimes called a Health Maintenance

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

    By Winston Law Group in Estate Planning & Asset Protection, Probate Administration, Trust Administration

    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 responsibilities that the appointee should be aware of in advance.

    A “fiduciary” legally owns and has control of the property

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