estate planning Archives

Five Things to Discuss With Your Spouse to Develop a Retirement Plan

February 24, 2013 by Kristina

You may have a vision for your retirement plan, but does your spouse share that vision?

A recent study by Fidelity Investments shows that many couples are not in accord about their retirement plan. For example, one-third of couples approaching retirement disagree about or don’t know where they are going to live after they retire, and 62 percent don’t agree on their expected retirement ages.

Here are some important things to discuss with your spouse as you get ready retire and develop a retirement plan:

1. When to stop working. Many factors go into a decision about when to retire, including job enjoyment and financial needs. But you’ll also want to include in your retirement plan how to maximize your Social Security benefits. There are a number of different strategies for when each spouse should file for various types of benefits, and couples who do it wrong can leave a lot of money on the table.

2. Finances. Both spouses need to understand their financial situation to develop a retirement plan. The survey found that very often, one spouse is much less involved in planning retirement finances than the other, and might not be ready to manage financial affairs should the need arise.

3. Lifestyle. Do you want to travel? Volunteer? Or relax on a beach somewhere? It’s important to have a conversation about your hopes and dreams for retirement. You can start by creating individual wish lists and then comparing them when developing your retirement plan.

4. Health care. Make sure you and your spouse have adequate health care coverage, either from Medicare or an employer-based plan. You’ll also need to understand the rules regarding Medicare coverage and when to sign up for it.

5. Long-term care. Unfortunately, one or both spouses will likely need some type of long-term care at some point. There are things you can do to make it easier on yourself if the need arises. Talk to your elder law attorney about putting a plan together – doing it early will save lots of headaches and expense later.

Hopefully your respective visions for your post-career life are similar. When you’ve taken these steps, it’s now time to put your dream plans in motion. To ensure that your long-term care plans for retirement are met, it’s vital that you speak with a qualified elder law and estate planning attorney so your wishes are always met.

What The Thomas Kinkade Estate Teaches MA Residents About Marriage, Divorce, and Estate Planning

January 16, 2013 by Kristina

Thomas Kinkade, the “Painter of Light,” is best known for his works of beautiful cottages, villages and churches – paintings of idyllic country life. In April of this year Kinkade died of an accidental overdose of alcohol and valium. The Kinkade estate battle that has transpired since then has not been beautiful country life. [Read more…]

Why Single People in Worcester County Should Consider Estate Planning

January 25, 2012 by Kristina

When we typically think of estate planning, we see grandma and grandpa putting together a Will and possibly setting up some trusts for the following generations. It’s all about providing for our offspring, right? [Read more…]

How Do I Bring Up the Topic of Estate Planning to My Parents?

December 27, 2011 by Kristina

In Worcester, just as everywhere else in the nation, there is a tendency for people to put off estate planning. Elder law attorneys, like Kristina Vickstrom, recognize that there are multiple factors that lead people to procrastinate when it comes to the estate planning process. [Read more…]

Marrying Later in Life: Do I Need a Prenup?

September 15, 2011 by Kristina

Welcome to the new singles scene. With the average life expectancy in the United States about 78 years old, people are living longer and healthier lives than ever before and more and more seniors are falling in love. However, what can be a thrilling and romantic time for an older couple can also be an anxious time for family members that have expectations regarding inheritance. It is worth noting that once married, a spouse will automatically inherit, at the very least, a portion of deceased partner’s estate, unless measures are taken to avoid this. [Read more…]

Can I Contest My Sister’s Will?

June 9, 2011 by Kristina

In the coming years we will see a marked increase in the number of cases challenging the legality of a will on the grounds of mental incapacitation of the person making the will. Though the reason for the increase in will contests is debatable, the growing number of elders with medical issues affecting their cognition; the transfer of wealth between World War II and baby boomer generations; and the change in the traditional nuclear family certainly play a role. [Read more…]

Pet Trusts Arrive in Massachusetts

May 5, 2011 by Kristina

I’ve written about Pet Trusts in a previous blog. They have many benefits for pet owners concerned about what would happen should their animal outlive them. However, until recently, Pet Trusts were not available in Massachusetts. New Massachusetts legislation took effect on April 7th, 2011, bringing this important Estate Planning tool to the Bay State. The remainder of this week’s blog was edited from an article written by Attorney Gina Barry of Bacon Wilson, P.C. in Springfield. [Read more…]

Online Legal Documents Company (LegalZoom) Sued Over Flawed Estate Plan

October 12, 2010 by Kristina

This week I’m reposting a fantastic article from ElderLawAnswers about the dangers of online do-it-yourselfing when it comes to planning your estate. Caveat Emptor (Buyer Beware!)

One of the most prominent sellers of do-it-yourself wills and other estate planning documents, is the target of a class action lawsuit in California charging that the company engages in deceptive business practices and is practicing law without a license.

The lawsuit was filed in Los Angeles Superior Court on May 27, 2010, by Katherine Webster, who is the niece of the late Anthony J. Ferrantino and the executor of Mr. Ferrantino’s estate. [Read more…]

Estate Planning Myths Explained

September 10, 2010 by Kristina

Occasionally, I run across a great article written by someone else. Today is one of those days and I just had to share it with you. Clients are often confused when they come in for initial consultations and have preconceived notions about planning their estates based on things that they’ve heard from their friends, neighbors, hairdresser, etc. Most of the time the information shared is incorrect, or at least incorrectly applied to their situation. This article does a great job of debunking the most popular “myths” of estate planning. I only added one little thought in bold below. Thank you to my colleague, Attorney Gina Barry, from Bacon & Wilson in Springfield for putting this article together…. and as far as I know unicorns are still mythical creatures. [Read more…]

Rodrigues Case and Pending Massachusetts Legislation Make Homestead Protection for Trusts a Reality (Finally!)

July 8, 2010 by Kristina

On February 23, 2010, the US Bankruptcy Court in Massachusetts finally did what the Massachusetts state legislature has been unable to do for years: the court ruled that the Massachusetts Homestead Exemption is applicable to an owner whose property is in a revocable trust. Since this decision, In re Rodrigues, Bankr. D. Mass. Case No. 09-11960-JNF, the legislature has been working to pass a new statute that will replace Massachusetts General Laws, chapter 188, the statute concerning homesteads. The legislature is very close to passing a new law. Today we will review the Rodrigues decision, the pending Massachusetts legislation, and how it may be beneficial to you. [Read more…]