Issues When a Party in a Divorce Has a Disability or Has a Child With a Disability
Persons who are disabled, as well as parents of children with disabilities, have special planning needs which need to be addressed if the parties are in the midst of a divorce. When a party in a divorce action has a disability or has a child with a disability who is receiving Supplemental Security Income (SSI)…
Estate Planning for the Adult Child Who Acts Out, Has Addictions, or Is Otherwise Challenged
Parenting an adult child who has behaviors that include acting out or oppositional behaviors, drug or alcohol addiction, lying, or an infrequent work record, or who exhibits psychological or emotional dysfunction, can be particularly challenging and exhausting. Often these adult children did not manifest these behaviors until their teenage or early adult years. Initially, it…
Higher Estate and Gift Exemption Can Reduce Estate Taxes
This article is the fourth in a five-part series regardingthe Tax Cuts and Jobs Act signed into law December 22, 2017 The new Tax Cuts and Jobs Act (“The Act”) signed into law last December makes significant changes to the federal income tax laws for individuals and corporations. In addition, the changes it makes to the estate and gift…
Trusts & Divorce: The Supreme Judicial Court Provides Clarity
The Massachusetts Supreme Judicial Court recently issued its decision in the highly anticipated case of Pfannenstiehl v. Pfannenstiehl1 providing clarity to the lower courts on whether a spouse’s interest in a discretionary, spendthrift trust is subject to division in a divorce proceeding. The Supreme Judicial Court concluded that the husband’s interest in an irrevocable spendthrift trust,…
Periodic Reviews of Trust Life Insurance: Why They Are Necessary
Regardless of whether you’re a trustee, grantor or beneficiary of a Life Insurance Trust, it is advisable to have the life insurance policies periodically reviewed by an insurance professional. From a trustee’s standpoint, a fiduciary duty is generally owed to the beneficiaries to review and manage trust assets prudently. While the Trust may contain express…
Adult Support Payments: Financial Obligation of Non-Custodial Parent Does Not Necessarily End When Child Support Does
For most non-custodial divorced parents, the obligation to pay child support terminates at the latest upon their child’s reaching the age of 23. Under Massachusetts law, however, it is well-settled that non-custodial divorced parents who are financially able may be compelled to contribute to the support of their adult son or daughter who has a…
Long-Awaited Alimony Reform Finally Arrives in Massachusetts
On September 26, 2011, Governor Deval Patrick signed the Alimony Reform Act of 2011 (sometimes referred to as the “Act”) into law. The Act represents a sweeping reform of the existing alimony laws in Massachusetts and will, in most cases, put an end to lifetime alimony payments. Prior to alimony reform in Massachusetts, alimony laws…
Lifetime Alimony Still Exists for Some in Massachusetts
The Massachusetts Supreme Judicial Court (“SJC”) recently decided three cases (Rodman v. Rodman, Doktor v. Doktor, and Chin v. Merriot) that significantly impact a payor’s right to seek modification of alimony orders issued prior to the enactment of the Alimony Reform Act (“Act”) on March 1, 2012. In short, the SJC determined that the retirement and cohabitation…
When Your Insurer Issues a Reservation of Rights: Why You Should Choose Your Own Lawyer
You or your business is served with a lawsuit. It could be for a slip-and-fall, construction defect or even wrongful death. In any event, you paid those hefty insurance premiums for this very moment – right? After receiving the plaintiff ’s Complaint, you likely send it to your insurance agent or your carrier. In the…