I am very proud to be selected by Super Lawyers once again this year.

I am very proud to be selected by Super Lawyers once again this year.

We recently celebrated National Estate Planning Awareness Week during the week of October 19-25, 2020. Although it is nice to have an entire week each year devoted to raising awareness of the importance of estate planning, I would argue that 2020 has been National Estate Planning Awareness Year, as the COVID-19 pandemic has brought the importance of estate planning to the forefront of everyone’s mind. Here at SSB we have had a busy year making sure our clients’ plans are up-to-date, and helping new clients put a plan in place so that they, too, can have the peace of mind an estate plan brings in these uncertain times.
As Estate Planning Attorneys, we know Estate planning is incredibly important and not just for the wealthy. Estate planning is something every adult should do. Estate planning can help you accomplish any number of goals, including appointing guardians for minor children, choosing a health care agent to make decisions for you should you become ill, appointing an agent to handle your financial and legal matters if you become incapacitated, minimizing taxes so you can pass more wealth on to your family members, and stating how and to whom you would like to receive your assets when you pass away.
While it should be at the top of everyone’s to-do list, estate planning can often feel overwhelming, and estate plan documents can sometimes seem to be written in their own language. Here are some important estate planning terms you should know as you think about your own estate plan.
Assets
Generally, anything a person owns, including a home and other real estate, bank accounts, life insurance, investments, retirement accounts (IRAs, 401ks), annuities, furniture, jewelry, art, clothing, and collectibles.
Beneficiary
A person or entity (such as a charity) that is designated to receive assets from an estate, trust, account, or insurance policy.
Distribution
A payment in cash or assets to a beneficiary who is entitled to receive it.
Estate
All assets and debts left by an individual at death.
Fiduciary
A person with a legal obligation (duty) to act primarily for another person’s benefit, e.g., a trustee or agent under a power of attorney. “Fiduciary” implies great confidence and trust, and a high degree of good faith.
Funding
The process of transferring (re-titling) assets to a living trust (a trust created during the creator’s lifetime). A living trust will only avoid probate at the trust creator’s death with assets that are funded into the trust during the trust creator’s lifetime, or that will be automatically payable to the trust (i.e. by beneficiary designation) at the trust creator’s death.
Incapacitated/Incompetent
Unable to manage one’s own affairs, either temporarily or permanently; often involves a lack of mental capacity.
Inheritance
The assets received from someone who has died.
Guardianship / Conservatorship
The court-supervised process of appointing a guardian / conservator to make decisions on behalf of an incapacitated or incompetent person, including health care and financial decisions.
Marital deduction
A deduction that may be taken on the federal and Massachusetts estate tax returns, it lets the first spouse to die leave an unlimited amount of assets to the surviving spouse free of estate taxes. However, if no other tax planning is used and the surviving spouse’s estate is more than the amount of the federal and/or state estate tax exemption in effect at the time of the surviving spouse’s death, estate taxes will be due at that time.
Settle an estate
The process of winding down the affairs of a deceased person, and includes identifying and valuing of assets, paying debts and taxes, and distributing assets to beneficiaries.
Trust
A fiduciary relationship in which one party, known as the trust creator, settlor or grantor, gives another party, known as the trustee, the responsibility to hold property or assets for the benefit of another party, the beneficiary. The trust should be memorialized by a written trust agreement which specifies the trustee’s duties and powers, the trustee’s obligation to the beneficiary, and the beneficiary’s rights to income or principal from the trust.
Will
A written document with instructions for disposing of probate assets after death. A Will can only be enforced through a probate court. A Will may also include the nomination of guardian for minor children.
If you have any additional questions about estate planning, or would like to consult with an experienced estate planning attorney about your own estate plan, please contact our office. We will be happy to assist you in creating a comprehensive plan that is tailored to your unique needs and goals, so that next year when National Estate Planning Week rolls around, you will have something to celebrate!
November, 2020
© 2020 Samuel, Sayward & Baler LLC
“Visit findmassmoney.com and get your money today!” You have probably heard the announcement on the radio and thought it was a gimmick or too good to be true. In fact, the Commonwealth of Massachusetts does hold property, such as bank accounts, stock dividends, uncashed paychecks, and insurance refunds, that appear to have been abandoned because no action has been taken with the property for a period of time (3 years for most properties). This so-called “unclaimed property” can range from a few dollars to tens of thousands of dollars or more. An individual, the Personal Representative (Executor) of a deceased person’s estate, and sometimes the heir of a deceased family member can file a claim to receive the unclaimed property. Here are a few things to consider and know about unclaimed property in connection with you and your estate:
Regularly check to see if you have any unclaimed property
It’s easy to visit the unclaimed property website of the Commonwealth of Massachusetts. If you have lived in states other than Massachusetts, visit that state’s equivalent or this website which searches the databases of multiple states and directs you to the appropriate state link to file a claim.
Make it a good estate planning habit to check for unclaimed property annually, such as when you file your taxes each year.
Complete the claim online
The Massachusetts Unclaimed Property Division website requests your name (and your town of residence), then locates all unclaimed property that matches the information you provided (as does the multi-state database). You simply select the claim that applies to you, provide additional information and submit the claim electronically. The Unclaimed Property Division will then mail you documentation to complete and return, then mail a check representing the amount of unclaimed property owed to you. The representatives at the Massachusetts Unclaimed Property Division with whom I have interacted were extremely helpful in answering questions and addressing concerns, so do not hesitate to be in touch with them.
The Personal Representative of your estate will file a claim to receive your unclaimed property after your death
If you do not file a claim to receive any unclaimed property while you are alive, the Personal Representative of your estate will be responsible for doing so. The Personal Representative has a fiduciary obligation to consolidate all assets associated with your estate after your death, including unclaimed property. Typically, it is more complicated for the Personal Representative to receive the unclaimed property because he or she must provide additional documentation, including a death certificate and proof of his or her authority over your estate as Personal Representative via Letters of Authority issued by the Probate Court.
Something to keep in mind is that if significant unclaimed property is discovered several years later, obtaining it for the estate may be further complicated if the original Personal Representative is deceased, or one or more of the beneficiaries of the estate are deceased.
Your surviving heirs may file a claim to receive your unclaimed property after your death instead
If there was no need to appoint a Personal Representative of your estate at the time of your death, and if the unclaimed property amount is less than $1,000, and if the beneficiaries of your estate are undisputed, it is possible to avoid the rigmarole of a probate court proceeding to obtain the unclaimed property. For example, if you have a surviving spouse or a sole surviving child, the so-called “Affidavit of Heirs” form may be completed by the beneficiary instead. The Affidavit of Heirs is unique to the Unclaimed Property Division and provided by the Division representative. It requires the heirs (beneficiaries) of the estate to be identified and to swear the information on the form is true and correct, and the heir is entitled to the unclaimed property.
Deposit your unclaimed property funds upon receipt; beware of taxes!
You should deposit the unclaimed property check upon receipt. If the Personal Representative of the estate receives the check, he or she should deposit it in the estate bank account along with any other estate assets. After the expenses of the estate are satisfied, the Personal Representative will divide and distribute the remaining funds among the estate’s beneficiaries. Keep in mind that income taxes may be payable for the year the unclaimed property is received depending on the type of property claimed. A knowledgeable accountant should be contacted to provide advice on this matter.
It’s good Estate Planning practice to remember to check for unclaimed property in your name annually, so you can save your heirs or the Personal Representative of your estate the trouble of claiming that property after your death. At Samuel, Sayward & Baler LLC, our estate planning attorneys and probate attorneys regularly guide and assist our clients who are serving as Personal Representatives of estates to receive and properly deposit unclaimed property. If you live in Massachusetts and find yourself needing assistance in claiming the unclaimed property of a deceased person, we would be happy to help you.
Attorney Abigail V. Poole is an associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of estate planning, estate settlement and elder law matters. She is an active member of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA). This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit www.ssbllc.com or call 781/461-1020.
November, 2020
© 2020 Samuel, Sayward & Baler LLC
If you live in Massachusetts you know that the prospect of buying your first home is a daunting one given the high cost of real estate. Parents often want to help their children with their first home purchase by making a gift or a loan to the child to use toward the down payment. For parents (or grandparents) who are in a financial position to do this, it is important that everyone involved understand whether the funds are gift or a loan and the consequences of each. This is also an important Estate Planning question. Read on for factors to think through when providing funds to a child.
If it’s a gift,
If it’s a loan,
Seeing a child settled in their first home is a good feeling for parents and helping a child get there is a goal for many parents. However, before you hand over that big check, decide whether you’re making a gift or a loan and make sure your child knows as well.
Attorney Suzanne R. Sayward is a partner with the Dedham firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of estate planning, estate settlement and elder law matters. She is certified as an Elder Law Attorney by the National Elder Law Foundation, a private organization whose standards for certification are not regulated by the Commonwealth of Massachusetts. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit www.ssbllc.com or call 781-461-1020.
October 2020
© 2020 Samuel, Sayward & Baler LLC
News from Samuel, Sayward & Baler LLC for October 2020 includes the articles: Five Taxes your Heirs May Pay (or not) After your Death, We remember two champions of equality and justice: Chief Justice Ralph Gants and Justice Ruth Bader Ginsburg, Your Year-End Financial Planning Checklist; 10 Suggestions to Help You Stay on Track, Ask SSB with questions about preparing a MassHealth application for long-term nursing home care costs and an update of What’s New at the Firm including a farewell to Jennifer Poles who we will sorely miss.
10 Suggestions to Help You Stay on Track
Presented by Steven Joshua Samuel JD MBA AIF®
Although 2020 has been a year of unexpected changes, one routine has remained consistent: the fourth quarter means it’s time to begin organizing your finances for the new year. To help you get started, here’s a checklist of key topics to think about, including new tax and retirement considerations related to the COVID-19 pandemic.
1) Max out retirement contributions. Are you taking full advantage of your employer’s match to your workplace retirement account? If not, it’s a great time to consider increasing your contribution. If you’re already maxing out your match or your employer doesn’t offer one, boosting your contribution to an IRA could still offer tax advantages. Keep in mind that the SECURE Act repealed the maximum age for contributions to a traditional IRA, effective January 1, 2020. As long as you’ve earned income in 2020, you can contribute to a traditional IRA after age 70½—and, depending on your modified adjusted gross income (MAGI), you may be able to deduct the contribution.
2) Refocus on your goals. Did you set savings goals for 2020? Evaluate how you did and set realistic goals for next year. If you’re off track, we’d be happy to help you develop a financial plan.
3) Spend flexible spending account (FSA) dollars. If you have an FSA, note that the Internal Revenue Service (IRS) relaxed certain “use or lose” rules this year because of the pandemic. Employers can modify plans through the end of this year to allow employees to “spend down” unused FSA funds on any health care expense incurred in 2020—and let you carry over $550 to the 2021 plan year. If you don’t have an FSA, you may want to calculate your qualifying health care costs to see if establishing one for 2021 makes sense.
4) Manage your marginal tax rate. If you’re on the threshold of a tax bracket, you may be able to put yourself in the lower bracket by deferring some of your income to 2021. Accelerating deductions such as medical expenses or charitable donations into 2020 (rather than paying for deductible items in 2021) may have the same effect.
Here are a few key 2020 tax thresholds to keep in mind:
5) Rebalance your portfolio. Reviewing your capital gains and losses may reveal tax planning opportunities; for example, you may be able to harvest losses to offset capital gains.
6) Make charitable gifts. Donating to charity is another good strategy worth exploring to reduce taxable income—and help a worthy cause. Take a look at various gifting alternatives, including donor-advised funds.
7) Form a strategy for stock options. If you hold stock options, be sure to develop a strategy for managing current and future income. Consider the timing of a nonqualified stock option exercise based on your estimated tax picture. Does it make sense to avoid accelerating income into the current tax year or to defer income to future years? If you’re considering exercising incentive stock options before year-end, don’t forget to have your tax advisor prepare an alternative minimum tax projection to see if there’s any tax benefit to waiting until January.
8) Plan for estimated taxes and required minimum distributions (RMDs). Both the SECURE and CARES acts affect 2020 tax planning and RMDs. Under the SECURE Act, if you reached age 70½ after January 1, 2020, you can now wait until you turn 72 to start taking RMDs—and the CARES Act waived RMDs for 2020. If you took a coronavirus-related distribution (CRD) from a retirement plan in 2020, you’ll need to elect on your 2020 income tax return how you plan to pay taxes associated with the CRD. You can choose to repay the CRD, pay income tax related to the CRD in 2020, or pay the tax liability over a three-year period. But remember: once you elect a strategy, you can’t change it. Also, if you took a 401(k) loan after March 27, 2020, you’ll need to establish a repayment plan and confirm the amount of accrued interest.
9) Adjust your withholding. If you think you may be subject to an estimated tax penalty, consider asking your employer (via Form W-4) to increase your withholding for the remainder of the year to cover the shortfall. The biggest advantage of this is that withholding is considered to be paid evenly throughout the year instead of when the dollars are actually taken from your paycheck. You can also use this strategy to make up for low or missing quarterly estimated tax payments. If you collected unemployment in 2020, remember that any benefits you received are subject to federal income tax. Taxes at the state level vary, and not all states tax unemployment benefits. If you received unemployment benefits and did not have taxes withheld, you may need to plan for owing taxes when you file your 2020 return.
10) Review your estate documents. Review and update your estate plan on an ongoing basis to make sure it stays in tune with your goals and accounts for any life changes or other circumstances. Take time to:
Be Proactive and Get Professional Advice
Remember to get a jump on planning now so you don’t find yourself scrambling at year-end. Although this list offers a good starting point, you may have unique planning concerns. As you get ready for the year ahead, please feel free to reach out to us to talk through the issues and deadlines that are most relevant to you.
This material has been provided for general informational purposes only and does not constitute either tax or legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a tax preparer, professional tax advisor, or lawyer.
Samuel Financial LLC is located at 858 Washington St. Dedham, MA 02026 and can be reached at (781) 461-6886. Securities and advisory services offered through Commonwealth Financial Network ®, member FINRA/SIPC, a registered investment adviser. www.samuelfinancial.com.
Legal services offered through Samuel, Sayward & Baler, LLC are separate and unrelated to Commonwealth.
October 2020
Q: I hear that elder law attorneys charge a lot to prepare a MassHealth application for long-term nursing home care costs. My friend said that when her cousin was in a nursing home there was a service that prepared the application for free. Why would anyone pay for something that they could have for free?
A: That’s an excellent question and the answer is sometimes they shouldn’t. For example, a single person who has assets that are at, or close to, the program eligibility limit of $2,000, does not have an irrevocable trust, and who has not made any gifts of assets during the 5-year period preceding the application, does not need to pay an elder law attorney to prepare a MassHealth application for long-term care benefits.
The reason that single individuals who have assets in excess of the program limit and married couples where one spouse needs nursing home care, should consult with an elder law attorney is that an elder law attorney can provide advice about options for preserving their assets from having to spent down on long-term care. The savings that can be achieved through planning can be far in excess of the legal fee paid to prepare the application.
For people paying privately for long-term nursing home care, the out of pocket monthly cost in Massachusetts ranges between $10,000 and $15,000 (or more!) per month. The sooner MassHealth eligibility is achieved, the sooner that monthly outlay will cease or be significantly reduced.
When you engage an elder law attorney you are hiring an advocate who is working for you. When you use a service recommended by the long-term care facility, you will not receive legal advice about your planning options such as how to preserve your assets or how to achieve eligibility more quickly, nor are you engaging an advocate for your application. In fact, many of these ‘free’ services are actually paid by the nursing homes. Keep in mind that it is in the nursing home’s best interest that residents pay privately for their care versus becoming eligible for Medicaid (MassHealth). That is because the monthly fee that the facility receives for a Medicaid resident is much less than the amount they receive from a person who is paying privately.
If you have questions about whether you should hire an elder law attorney to prepare and file a MassHealth application for long-term nursing home care costs, please contact us to speak with one of our attorneys.
We would like to take this opportunity to acknowledge the passing in September of two champions of equality and justice.
Chief Justice Ralph Gants was the Chief Justice of the Massachusetts Supreme Judicial Court. In that role he not only presided over the highest appellate court in the state which decides criminal and civil matters appealed from other state courts, but was also the chief administrative justice of the Massachusetts court system. It was in that role that he touched every attorney in Massachusetts, inspiring us to do good work, while also truly caring about the well-being of all Massachusetts attorneys who labor in a profession with increasingly high levels of stress and related challenges. Most recently, Justice Gants led the Courts through the unprecedented COVID shutdown, when physical access to the Courts was limited, with equal concern for the public seeking access to the Courts for everything from adoptions to criminal trials, the attorneys and Court personnel. Just prior to his death researchers at Harvard Law School released a report commissioned by Justice Gants looking at racial disparities in the criminal justice system, with an eye towards working to ensure equal justice for all.
Justice Gants’ respect and compassion for his fellow attorneys was apparent in many ways – in how he addressed attorneys from the bench, in how he encouraged us to carry on in his messages during the COVID pandemic, and in how, on a snowy morning years ago, he left his chambers to venture into the hallway of the courthouse after hearing that an attorney had slipped and fallen on the ice outside, to check on her and make sure she was comfortable proceeding with her appearance before the Court. He will be truly missed.
Justice Ruth Bader Ginsburg needs no introduction, and has been a prominent figure in our national legal landscape for decades. Her personal struggles against discrimination as a woman and a mother are well-known, and although those experiences happened only decades ago, are gratefully hard to imagine today. That being said, the legal profession and many others are by no means completely free of the discrimination and inequality that Justice Ginsburg faced. It was her work to ensure that future generations did not have to face the obstacles she did to which we here at Samuel, Sayward & Baler, a firm of mostly women attorneys and many mothers, owe our careers, and we are eternally grateful. As Rabbi Lauren Holtzblatt said when eulogizing Justice Ginsburg in the memorial service at the United States Supreme Court:
“To be born into a world that does not see you, that does not believe in your potential, that does not give you a path for opportunity or a clear path for education — and despite this, to be able to see beyond the world you are in, to imagine that something can be different: that is the job of a prophet. And it is the rare prophet who not only imagines a new world, but also makes that new world a reality in her lifetime.”
For more about Justice Ginsberg, we recommend the eloquent tributes to Justice Ginsburg written by the remaining justices of the Supreme Court.
We will forever be inspired by these two great lawyers and justices.
by SSB
Five Things to Consider When Selecting a Nursing Home
Important elder care decisions are never easy to make. The decision to transition a loved one into a nursing home can be emotional, challenging and overwhelming to say the least. The advice of an elder law attorney can be helpful in navigating these decisions. There are also numerous factors to consider when faced with this difficult decision, such as your loved one’s required level of care. Here are five other important factors to keep in mind:
How convenient is the location to family members and friends? What are the visiting hours? Location is vital, as it will determine how often the resident is visited by family and friends. Frequent visits are important as they generally contribute to the resident’s mental and emotional well-being. Furthermore, frequent unannounced visits allow staff to know that family members or friends are vigilantly overseeing the resident’s quality of care. Additionally, having family members and friends close by ensure that issues can be addressed quickly when they arise.
What is the physical appearance of the facility? Is it clean, safe, brightly-lit and welcoming? What does it smell like? Are there outdoor grounds which are accessible and maintained to allow residents to enjoy them safely while visiting with their loved ones? What sounds do you hear?
The staff members at a nursing home are so important as they are going to be the ones who are responsible for ensuring your loved one’s safety and well-being. Their attitude, expertise, and professionalism are vital. You should always ask plenty of questions and spend some time observing the staff. Does the staff address residents by their name? Observe if they demonstrate a warm and respectful attitude towards the residents. Inquire about the ratio of staff to residents during each shift and the turnover in employees. Does the staff undergo continuing education and training programs frequently?
How do the residents spend their time? Ask to see the calendar of daily events. Do they include fitness classes, games, religious services, educational classes and other social events? Are the residents taking advantage of these activities or tucked in their rooms with the TV on and alone? Is there a library available for residents to use? Are residents taken to local community events and cultural activities, or are those activities brought to them?
This is always a big one understandably. If possible, ask to dine at the facility, at least once. Determine whether the food is visually appealing and tastes appetizing. Look around to see whether the residents are enjoying their food or struggling to eat it. Do residents eat in a communal area or in their room? How often does the menu change? Can accommodations be made for dietary restrictions? What if a resident needs assistance eating?
It is important to consult an elder care lawyer who can assist you in making these important care choices for your loved one. An elder care attorney can advise you on the various options available to pay for the care and to connect you with other qualified professionals such as care managers (who can assist in evaluating care needs and recommending an appropriate facility). Although this is a difficult decision fraught with emotions and challenges, an elder law attorney can assist in navigating the process and reducing some of the anxieties that often accompany such a decision.
This article is from the Dedham firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of estate planning, estate settlement and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit ssbllc.com or call 781/461-1020.
October 2020
© 2020 Samuel, Sayward & Baler LLC
Please note we only are only able to serve clients with legal matters pertaining to Massachusetts.
Samuel, Sayward & Baler LLC
858 Washington Street, Suite 202
Dedham, MA 02026
781-461-1020 (phone)
781-461-0916 (fax)
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