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Divorce, Remarriage and Social Security

September 10, 2018 by Kristina

divorce-remarriage_social-securityMany people are aware that seniors are entitled to collect Social Security benefits that are calculated based on their spouse’s work record. What’s less well-known is that this benefit applies in many cases to divorced spouses. In fact, ex-spouses may even be entitled to survivors benefits in certain circumstances. [Read more…]

Filed Under: Blog, Divorce, Social Security Tagged With: divorce, remarriage, social security, social security benefits, survivor's benefits

Four Steps to Naming a Legal Guardian

July 23, 2018 by Kristina

naming-legal-guardianIt’s something no parent likes to think about, but accordingly there’s no better time than the New Year to handpick legal guardians who can raise your children if something happens to you.

Statistics show that 69% of US parents do not have legal guardians named to care for their kids in the event of sudden death or incapacity.  If both parents should pass away at the same time a judge will have no choice but to step in and make painful custody decisions on your child’s behalf. [Read more…]

Filed Under: Blog, Guardianship Tagged With: Guardianship, legal guardian

Planning Your Estate After a Divorce

July 19, 2018 by Kristina

planning-your-estate-after-divorceIf you have just gone through the emotional and financial upheaval of a divorce, the last thing on your mind is contacting an attorney to make changes to your estate plan. Yet, it is essential that you review and update your estate documents to reflect this major life change. During the divorce process, you likely dealt with property division, and possibly child custody and spousal support. Your estate plan should reflect changes. Otherwise, your assets could be distributed in ways you neither expected nor intended. [Read more…]

Filed Under: Blog, Divorce, Wills Tagged With: beneficiaries, divorce, Wills

Health Care Proxy, Power of Attorney, and HIPAA Authorizations Oh My! Why Your College Bound Student Needs All Three.

July 15, 2018 by Kristina

College StudentsA few years ago I wrote a blog about drafting a health care proxy for your young freshmen. This is a topic I often talk about because it is so important, but most people never think of it. Well, I was thrilled when recently a young family member forwarded an e-mail from her college and asked for my help. This e-mail recommended that she have a health care proxy, power of attorney, and HIPAA authorization drafted before the start of school.

Learn the basics about the health care proxy here. [Read more…]

Filed Under: Blog, Durable Power of Attorney, Health Care Proxy, Uncategorized Tagged With: Durable Power of Attorney, Health Care Proxy, HIPAA

Can Someone With Dementia Sign a Will?

June 30, 2018 by Kristina

dementia-sign-a-willMillions of people are affected by some form of dementia. Unfortunately, many dementia patients don’t have all their estate planning affairs in order before the symptoms begin to appear. This is another good reason to speak with an elder law attorney now, rather than putting off such a discussion.

However, if someone you know has symptoms of dementia, it might not be too late to sign a will or other estate planning documents. [Read more…]

Filed Under: Blog, Wills Tagged With: dementia, will planning, Wills

Telemarketing Fraud: Steps to Protect Elders

June 2, 2018 by Kristina

CellphoneElder abuse comes in many forms. An overwhelming majority of it is financial abuse. If you have an elder parent or family member who lives alone, he or she may be at risk of a new wave of telemarketing fraud targeting the elderly.

One recent case of telemarketing fraud billed elderly consumers for medical alert devices they never ordered. Telemarketers would claim they were calling in response to a request for information from the person or a family member and then try to sell them the device.  Even those who didn’t order were sent a bill along with the shipment. The company behind the telemarketing fraud would then use threats and intimidation to induce the victims to pay.

If you don’t think telemarketing fraud can happen to your loved one, consider this. According to a study by the AARP, seniors over age 50 are disproportionately at risk for becoming victims of telemarketing fraud.   The study found that the average age of victims was 69 and that women were twice as likely as men to become victims.

Telemarketing fraud is also becoming increasingly sophisticated. Fast-talking predators use high pressure sales techniques and psychological ploys to overcome a senior’s initial resistance. Some other common schemes involve low-cost, high-risk investments, fake charities, time-sensitive product deals, or prize winnings that seniors are told they have to pay taxes or a fee to collect.

When a senior becomes a victim of telemarketing fraud, it can be financially devastating. Because these crimes are hard to trace, it is very difficult for victims to get their money back. Sadly, many incidents of telemarketing fraud against the elderly simply go unreported. Elderly victims may be embarrassed, don’t know where to go to report the crime, or fear they will lose their independence if they do report it.

Here are some steps you can take to help protect your elderly parents or family members from becoming victims.

  1. Talk to your parents about types of telemarketing fraud and remind them never to pay up front for a product or service, or to give out personal information such as a credit card or social security number over the phone.
  1. Offer to help them manage their personal finances so you can monitor bank and credit card statements for any unusual activity.
  1. Have them sign up for national Do Not Call list (888-382-1222, www.donotcall.gov) to help cut down on telemarketing calls.
  1. Design a call script, such as “I don’t give out personal information over the phone,” to aid them in ending calls from pushy telemarketers.
  1. If your elderly parent has dementia, or is otherwise incapacitated, you may want to contact an elder law attorney to advise you on utilizing your parent’s durable power of attorney and/or obtaining a guardianship or conservatorship.

For more suggestions on how to identify and prevent elderly telemarketing scams, visit the Federal Trade Commission’s consumer education website.

The best protection against telemarketing fraud and elder abuse is to ensure that your loved ones are properly cared for and that their assets are protected. Proper estate planning can help give you and your loved ones piece of mind. Contact us to discuss various planning options today.

Photo Credit: Tim Dorr

Filed Under: Blog, Conservatorship, Elder Needs, Family, Guardianship, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, elder abuse, Guardianship, power of attorney, telemarketing fraud

Can I Get Executor Fees for Handling an Estate?

May 7, 2018 by Kristina

Hands Holding MoneyAfter the passing of a loved one, a common question by one of the children is: Can I get paid executor fees? If you are appointed the executor, or personal representative (as it is called in Massachusetts), of a deceased loved one’s estate, you may face many challenges. There are a number of duties for which you will be responsible, including gathering and securing the deceased’s assets and household belongings, paying debts and taxes, filing court paperwork, and making distributions to beneficiaries. The process can be time-consuming, complex, and emotionally draining. Even when everything runs smoothly, questions are likely to arise.

In most cases, the answer is yes, you are entitled to receive executor fees for your services. However, there are some issues to consider before you can receive payment from the estate. If there is a Will, the deceased may have specified the amount of compensation or prohibited executor fees. This latter situation sometimes occurs when the executor is a family member who is also a beneficiary under the Will. If the Will is silent regarding executor fees or the deceased dies without leaving a will, then executor fees are determined by state law. This is where things may get complicated.

Consider the case of Lawrence, who was appointed the personal representative of an estate in Massachusetts where the primary asset was a house subject to a small mortgage. Lawrence sold the house, paid off the mortgage, dealt with the contents of the estate, and the assisted his attorney with court paperwork. He also made distributions to the beneficiaries. He charged the estate $7,500, what he considered a fair price for his services. When one of the beneficiaries objected to the fee, the court denied the executor fee because Lawrence did not have any records to back up his executor fees.

Unlike in some states, where the executor fees are fixed amounts equal to a percentage of the probate estate, in Massachusetts the executor is entitled to “reasonable compensation” for services rendered. The executor fees can also be subject to approval by the probate court.

What exactly is “reasonable compensation” though? How do you determine for which services you are entitled to be paid executor fees and at what rate? There are no clear guidelines under the law in Massachusetts, but the probate court will consider factors such as the size of the estate, the time reasonably required to administer the estate, whether the services rendered were reasonably necessary, and the amounts usually paid to others for similar services.

So what does all this mean in practice? Most importantly, you must keep detailed records. Do not wait until the end of the process to attempt to compile a list of services performed. You will need to disclose your executor fees in the final accounting filed with the court and/or shared with the beneficiaries. When you do, you should include:

  1. a detailed record of the tasks performed
  2. the amount of time spent on each task
  3. the hourly rate billed for each task.

For example, a record that lists: “February 1, 2013: 2 hours at $25/hour preparing financial statement for accountant,” along with similar entires, are more likely to be approved by the court than: “$1,000 for bookkeeping services.”

Finally, keep in mind that any executor fees you receive are considered income and are taxable. If you want to avoid tax consequences, you have the option to decline compensation for your services.

Although it is an honor to be appointed or asked to serve as an executor, it is not a situation you should take lightly. Most often having the guidance of an attorney is necessary to avoid common costly mistakes. Contact us to discuss your rights and obligations.

Filed Under: Blog, Estate Administration & Probate, Uncategorized, Wills Tagged With: estate administration, Executor fees, probate, Wills

What really happens to your estate if you die without a Will in MA?

December 23, 2016 by Kristina

Dying without a Will is called dying “intestate.” What this means is that your intentions as to who inherits your assets, who administers your estate, and who acts as guardians for any young children are determined by the Commonwealth of Massachusetts.

Upclose photo of Last Will & Testament and pen - for article about Wills & Trusts
[Read more…]

Filed Under: Blog, Trusts, Wills

4 Steps to Talking About End of Life Matters

November 1, 2013 by Kristina

end-of-life-mattersWe often talk about the documents that can help protect your family, the documents that can ensure your wishes are carried out if you are unable to make decisions for yourself. But today I would like to discuss the step that comes before the forms – the discussion. . .  The Talk. [Read more…]

Filed Under: Blog, Recent Legal Matters

Filial Responsibility 101

October 30, 2013 by Kristina

What are Filial Responsibility Laws?

filial-responsibilityHave you ever heard of Filial Responsibility Laws? Well you’re not alone, but a recent case in Pennsylvania is getting a lot of us to take a second look at these rarely used and even more rarely discussed laws.

Consider this scenario: Maria is in a car accident that requires she enter a nursing home for rehabilitation. Like many elders, she is unable to cover all the costs of care. With her Medicaid application pending, Maria returns home to Greece where family can help in her care. When she leaves for Greece, Maria owes the nursing home about $100,000. [Read more…]

Filed Under: Blog, Filial Responsibility Tagged With: adult children, filial responsibility, parents

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Vickstrom Law, PC
Kristina R. Vickstrom, Esq.
255 Park Avenue, Suite 507
Worcester, MA 01609
508.757.3800


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Divorce, Remarriage and Social Security

September 10, 2018 By Kristina

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