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.
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Year-End Financial Planning Checklist
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 Keep in mind that the SECURE Act repealed the maximum age for contributions to a traditional IRA, effective January 1, 2020.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:
- The 37 percent marginal tax rate affects those with taxable incomes in excess of $518,400 (individual), $622,050 (married filing jointly), $518,400 (head of household), and $311,025 (married filing separately).
- The 20 percent capital gains tax rate applies to those with taxable incomes in excess of $441,450 (individual), $496,600 (married filing jointly), $469,050 (head of household), and $248,300 (married filing separately).
- The 3.8 percent surtax on investment income applies to the lesser of net investment income or the excess of MAGI greater than $200,000 (individual), $250,000 (married filing jointly), $200,000 (head of household), and $125,000 (married filing separately).
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:
- Check trust funding
- Update beneficiary designations
- Take a fresh look at trustee and agent appointments
- Review provisions of powers of attorney and health care directives
- Ensure that you fully understand all of your documents
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.
Ask SSB
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.
In Appreciation
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.
Smart Counsel Virtual Seminar – What You Should Know About Medicare
Five Things to Consider When Selecting a Nursing Home
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:
- Location of Facility
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.
- Facility
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?
- Staffing/Employees
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?
- Well-being of Residents
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?
- Meals
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
Five Estate Planning Steps to Prioritize Now
Five Estate Planning Steps to Prioritize Now
By Attorney Maria C. Baler
Attorney Maria C. Baler discusses Five Estate planning steps to prioritize during the global pandemic.
Living through a global pandemic is an anxiety-producing experience. For many people, making sure their estate plan is in order is one way to exercise some control over the situation by providing some certainty around what will happen if they become sick or pass away. As a bonus, this exercise generally gives people peace of mind and reduces anxiety since they know they have done what they can to make sure things will be taken care of if the unexpected happens.
Here are five things to do now to reduce that pandemic-related anxiety for your estate plan:
1. Make sure your Health Care Documents are in Order. One of the things we are all worried about is getting sick, and especially getting sick enough to be hospitalized. If you are ill and unable to make or communicate your health care decisions, your physician will look to someone else to make those decisions for you. A Health Care Proxy is the document that appoints a person you select (your health care agent) to make health care decisions for you in this situation. Without a Health Care Proxy, the Court may need to appoint a guardian for you in order for health care decisions to be made on your behalf. A HIPAA Authorization will grant your family members access to your medical information and give them the right to confer with your physicians if you are not well enough to give permission. A Living Will, although not binding in Massachusetts, is a way to express your wishes about end of life care.
2. Distribute Health Care Documents and Discuss Health Care Wishes. After you have created your health care documents, make sure that each of your health care agents, your primary care physician, and any other specialists you see on a regular basis has a copy of your Health Care Proxy, and that the document is scanned into your electronic medical record. If possible, encourage your health care agents to save a copy of your proxy to their phone to make access easier in the event of an emergency. If you have signed a Living Will expressing your wishes about end of life care, you should provide a copy of that document to your health care agents as well. Finally, have a conversation with your physician and your health care agents about your wishes regarding health care in general, treatment for any specific medical conditions you may have (including COVID if that arises), and specifically regarding end of life care so that your wishes will be carried out if you are unable to make decisions for yourself.
3. Review your Estate Plan and Update if Necessary. In addition to making sure your health care documents are up to date, take time to review your Power of Attorney (for legal and financial decision-making), your Will and any Trusts you may have created to confirm those documents accurately reflect your current wishes. If they don’t, update them. If you have Trusts, review how your Trusts are funded, and whether any newly-acquired assets should be titled in your Trust. Review beneficiary designations on life insurance and retirement accounts and determine if any changes are needed. If you don’t have an estate plan, now is a good time to meet with an estate planning attorney to discuss your particular situation and create documents that are appropriate for you and your family.
4. Create a List of Your Assets and Organize your Documents. Whenever you pass away, it will be important for your family members or beneficiaries to be able to quickly and easily identify and locate your legal documents and identify the assets you own. An easy way to do this is to create a list of those assets (real estate, bank accounts, investment accounts, retirement accounts, annuities, life insurance, etc.) and keep it in a place where it will be easily found. Keeping your financial records in one central location (such as a filing cabinet, desk or fireproof box) is a good idea. If you have a trusted person you can inform where to find this information, that is also a good step to take.
5. Don’t forget about Digital Assets. As more of our lives move online, it is important to leave instructions about how any digital assets that you may own should be dealt with at your death – email, photo and document storage accounts, social media, etc. As important as those instructions are, if your loved ones don’t have access to these accounts those instructions cannot be carried out. In addition to your legal documents giving authority for access, it is important to leave instructions regarding access, including usernames and passwords or how to gain access to them. Again, identify a trusted person and let them know where these instructions can be found.
You may think that planning for illness and death is not the most uplifting of activities, especially in the time of a global pandemic. However, I have clients tell me every day how good they feel after getting their estate plan in order. Even starting the process feels like a weight has been lifted since they know they are taking steps to make sure they are protected and their family will have an easier time of it in the event they become ill or pass away. Take some time to review your existing plan or move forward to create one – it’s not as painful as you think, and both you and your family will benefit in the long run.
Maria Baler, Esq. is an estate planning and elder law attorney and partner at Samuel, Sayward & Baler LLC, a law firm based in Dedham. She is also a former director of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA), and currently serves on the Board of Directors of the Massachusetts Forum of Estate Planning Attorneys. For more information, visit www.ssbllc.com or call (781) 461-1020. 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.
September 2020
© 2020 Samuel, Sayward & Baler LLC
Hitting “Pause” on Creditors’ Claims Against Massachusetts Estates

by Abigail V. Poole
As the Personal Representative (Executor) responsible for administering the estate of a deceased family member or friend, one of your most important tasks is to determine the debts of the deceased and whether they can or should be paid as part of the estate settlement process. This is especially true if the estate may be insolvent because the deceased died with significant debt due to failure to pay income taxes or credit card bills, or the deceased was the recipient of Medicaid (MassHealth) long-term nursing home care benefits.
Massachusetts law governs the order in which debt is to be paid to the so-called “creditors” of the estate, and certain creditors take priority over others. If you improperly pay some creditors out of order as Personal Representative, you may be personally liable to pay those that should have been paid but were not.
Under Massachusetts law, general (unsecured) creditors have one (1) year from the date of death to file a claim against an estate. An example of a general creditor is a collection agency attempting to obtain payment on outstanding credit card debt. The collection agency must take specific action within the one-year period to legitimize the creditor’s claim for payment of the debt. If the creditor does not take the proper steps within that period, the creditor will be foreclosed from seeking payment from the estate. In other words, as Personal Representative you know that after the one-year anniversary date of the deceased’s death, creditors who have not taken the proper steps to legitimize their claims have lost their rights to enforce payment of the debt against the estate.
The COVID-19 pandemic has complicated this simple deadline. Under the Third and Fourth Updated Orders issued by the highest court in the Commonwealth of Massachusetts (the Supreme Judicial Court), the “pause” button was hit from March 17, 2020 through June 30, 2020 (106 days) on a number of such “deadlines”, including the creditor claims period applicable to estates. The button was “unpaused” as of July 1, 2020. What this means is the number of days remaining until the one-year claims period ends as of March 17, 2020 are added to the number of days remaining as of July 1, 2020. For example, if the deceased died on January 1, 2020, in normal circumstances the creditor claims deadline would be January 1, 2021. Due to the COVID-19 Order, the deadline is extended 106 days to April 17, 2021, and creditors have until that date to file claims against the estate. The Supreme Judicial Court may order another extension if there is a new surge of COVID-19 cases in the Commonwealth.
The extension of the creditor claims deadline impacts the timing of the other steps necessary to settle an estate. If the Personal Representative decides that an Account itemizing the income and expenditures of the estate should be filed with the Court in order to release the Personal Representative from liability, such filing will be delayed until the extended deadline passes. There may also be a delay in making final distributions to the beneficiaries of the estate.
If you are the Personal Representative of an estate in Massachusetts, keep in mind this COVID-19-related impact on the claims of creditors who may be owed money by the deceased, and on the timing of estate settlement activities, and follow the advice of your estate planning attorney regarding the payment of claims.
At Samuel, Sayward & Baler LLC, we counsel families on the legal and tax matters that are necessary after the death of a loved one. You can request a consultation regarding estate administration with Attorney Poole by telephone at 781-461-1020 or visit our website at https://ssbllc.com.
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 ssbllc.com or call 781/461-1020.
September, 2020
© 2020 Samuel, Sayward & Baler LLC
Refinancing When Your House is in a Trust
Attorney Suzanne Sayward discusses what to consider when refinancing your house, if it is held in a trust, for our Smart Counsel for Lunch Series. Please watch and if you have any questions or want to learn more call us at 781 461-1020.
Estate Planning for Your Digital Assets
Attorney Maria Baler discusses Estate Planning for Digital Assets in a detailed video that covers things you should consider as you plan out your digital legacy. Please watch and if you have any questions or want to learn more please call us at 781 461-1020.