Flax Law

THE BRITTNEY SPEARS CONSERVATORSHIP CASE RAISES CONCERNS THAT HER RIGHTS WERE OVERLOOKED BY ALL First, by way of background -- in California -- the legal term for guardianship is conservatorship and the term is used for both a conservatorship of a person or their property. In Massachusetts we have two terms – we use the term guardianship for a guardianship of a person and we use the term con...

UPDATE on Virtual Notarization in Massachusetts If you are unable to meet and sign in person --- You can still sign remotely until June 18, 2021Now extended until December 15, 2021 The ins and outs of Virtual Notarization Can you have your estate planning documents notarized remotely in Massachusetts during the Covid 19 emergency? Yes. On April 2...

Virtual Notarization in Massachusetts If you are unable to meet and sign in person --- You can still sign remotely until June 18, 2021! The ins and outs of Virtual Notarization Can you have your estate planning documents notarized remotely in Massachusetts during the Covid 19 emergency? Yes. On April 23, 2020, Governor Baker signed into...

A Checklist to Avoid Probate Why Avoiding Probate in certain instances is prudent? It allows assets to be transferred or utilized faster by your loved ones. One way to avoid probate is to have your assets move directly to the person or entity of your choice by operation of law upon your death. In other words, a bank, life insur...

Positively Easy Street? --- Why did Bob Dylan choose to sell his Songbook Now? From the December 7, 2020 announcement in the news..... Bob Dylan to Sell His Entire Songwriting Catalog to Universal - Bloomberg SELLING ASSETS NOW AS OPPOSED TO LEAVING THEM TO YOUR ESTATE Why would Bob Dylan sell his vast catalogue of songs at the age of seventy-nine? When I learned at the end of...

Special Needs Trusts – Why? Are they all the same? Why would you create a Special Needs Trust? A special needs trust is created to coordinate with governmental benefits so that a person receiving governmental benefits can continue to have access to funds that will help them throughout their lives. Supplemental Security Income (SSI) is a benefit prog...

Special Needs Transition to Adulthood - An Important but Often Overlooked Step Applying for a Section 8 Housing Subsidy In Massachusetts, families often consider applying for guardianship and for Supplemental Security Income(SSI) for their special needs child who is turning eighteen years old. Many do not realize that they should also be placing their adult child on the Sectio...

Can you put the home you own and occupy into a trust without paying off the mortgage? That’s the subject of this week’s blog. The answer can be addressed by looking at the meaning of Due-On Sales Clauses and the effect of the Garn—St. Germain Depository Institutions Act. Due-On Sales Clause A Due-On Sales clause in a mortgage states that you cannot sell your house to someone wi...

The SSI recipient and the value of an ABLE Account History of the ABLE Account Legislation If you or your family member is on Supplemental Security Income “SSI” due to a disability, the federal government allows you to have resources valued up to $2,000.00 (or $3,000.00 if married.) When an individual receives SSI, they are also automatically el...

Massachusetts Estate Planning Info --- Part Two Avoiding Probate What is commonly called “Probate” is the process whereby the Probate Court accepts the filing of a Petition for the administration of the estate of the deceased person. A Petitioner can file in various ways depending upon the nature of the assets and the value of the assets held...

Massachusetts Estate Planning Info --- Part One What happens to a person’s property when they die? The distribution of the deceased’s property usually goes through probate. Probate is a process where a Petitioner (usually the deceased’s relative) asks the Probate Court to approve the will or designate the heirs of the deceased. They also se...

What is HIPAA Release Form and Why do I need one? In Massachusetts, Health Care Proxies are an important part of a personalized and comprehensive estate plan. Some frequently asked questions below: 1. What is a HIPAA Release Form? In 1996, Congress passed the Health Insurance Portability and Accountability Act for the purpose of protecting a patien...