Articles and Blogs

Thank You For Five Years of Loyal Viewership

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Believe it or not, it has been five years since the attorneys of Samuel, Sayward & Baler started making short videos on estate planning, elder law and probate topics to educate our clients, our professional colleagues, and anyone else who cared to watch.  And we are here to confirm that time flies when you are having fun!

In the late 2010’s, our firm’s marketing person loved to compliment us by telling us that we were funny and engaging and easy to talk to, and we should think about making some videos for our website.  We dismissed his remarks as empty flattery.  We met with clients on a daily basis and did quarterly in-person Smart Counsel seminars at our office on topics of interest for a loyal group of attendees.  We were convinced that people saw enough of us in person and did not need or want to see us on video too.

Then, in March of 2020, COVID hit, and we were faced with the prospect of not seeing our clients in person for many months.  We thought our clients might like to hear from us once a week with a short video about a timely topic – and to confirm we were still alive and well – and so our Smart Counsel for Lunch video series was born.  

And here we are – 5 years later – still doing our Wednesday lunchtime videos.  And what a success they have been!  

What we lack in production value we hope to make up for in the quality of the information provided.  Our attorneys record a video once a week on a rotating basis, thinking of timely, amusing, niche or general topics to discuss as the mood strikes us, based on what we are working on or what our clients are asking about, or relevant issued raised by the news cycle that week.

We continue to be amazed by the feedback we receive on our weekly videos.  Our clients comment on them frequently.  Our professional colleagues comment on them as well and send them along to their clients.  Even new clients who meet us in person for the first time tell us they feel like they know us already because they have watched our videos.  We are thrilled that so many people watch and enjoy our videos and learn something from them – and it even makes us feel a bit like celebrities – which is about as far as you can get from an estate planning attorney!

Here are some fun facts:  Since March of 2020:

  • We currently have 263 videos on our YouTube channel which hosts our videos
  • Our YouTube channel has 1,090+ subscribers who receive notice each time we post content to our channel
  • Our videos have been viewed over 118,000 times
  • Viewers have spent over 4,300 hours watching our videos
  • In the last 48 hours 130 people have watched our videos

We hope that you have enjoyed our videos over the last five years, and that you are one of our 1,090+ YouTube subscribers.  If not, you can visit our YouTube channel and subscribe here.  If so, thanks for watching!

Maria C. 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 the former President of 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.

April 2025

© 2025 Samuel, Sayward & Baler LLC

April: A Guide to Estate Planning

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Spring has officially arrived! As the days grow warmer and flowers begin to bloom, we are reminded that spring is a season of renewal and growth, making it the ideal time to prepare for things to come.

Benjamin Franklin famously said: “In this world nothing can be said to be certain, except death and taxes.” Estate planning is all about addressing these certainties, as well as the possibility you may become incapacitated prior to death. Planning is a crucial step in ensuring your assets pass to those you wish to benefit while minimizing delay, expense, and taxes, and ensuring that your wishes are honored. By breaking down the word APRIL into an acronym of key estate planning concepts, we can explore how to create a secure financial future for your loved ones and leave a lasting impact on future generations.

A – Attorney-in-Fact

One of the most critical components of an estate plan is appointing an Attorney-in-Fact. An Attorney-in-Fact is the agent designated in your Power of Attorney to make legal and financial decisions on your behalf should you become incapacitated.

Without a Power of Attorney, and in the event you become incapacitated, your loved ones will have to go through a lengthy and expensive court process to obtain conservatorship to manage your financial affairs. A Power of Attorney ensures that your bills are paid, and your financial interests are protected immediately without Court involvement and the accompanying loss of privacy, delay, and expense.

P – Probate

Probate is the legal process by which a deceased person’s assets are distributed under court supervision. It can be time-consuming, costly, and stressful for surviving family members. Probate involves verifying the deceased’s will (if one exists), paying debts and taxes, and distributing assets to heirs.

However, probate can be avoided with proper planning. Certain financial accounts allow you to name beneficiaries, ensuring that these assets bypass probate and go directly to the designated recipients – provided that those beneficiaries are not incapacitated people or minor children. If you name a minor or incapacitated person, simply naming beneficiaries on an account will not avoid the involvement of the probate court.

So what should you do if you have minor children? An effective plan is to create a Revocable Trust, which allows assets to be transferred outside of probate, ensuring a seamless transition to all beneficiaries, regardless of age.

By taking these steps, you can save your loved ones from the hassle of probate and ensure a smoother distribution of your assets.

R – Real Estate

Real estate is often one of the most valuable assets in an estate, and proper planning is essential to ensure it is handled according to your wishes. Without a plan, real estate may be tied up in probate, delaying access for your heirs or the sale of the property and potentially leading to unnecessary legal fees and disputes.

Placing your real estate in a Trust can help you avoid probate and provide clear instructions for the management and distribution of your property. A Revocable Living Trust allows you to retain control of your property during your lifetime while ensuring a smooth transition of ownership upon your passing. If you own multiple properties, especially in different states, a Trust is particularly beneficial as it avoids multiple probate proceedings.

Additionally, ensuring that real estate ownership is properly titled will also help streamline the transfer process outside of probate.

I – Inventory

An often-overlooked yet vital aspect of estate planning is preparing an inventory of your assets and keeping it up to date. Without a clear record of what you own, your family may struggle to locate and distribute your assets after your passing or in the event you become incapacitated.

A well-organized asset inventory should include a list of income sources, bank accounts, investment accounts, real estate holdings, retirement plans, and life insurance policies, as well as trusted advisors (attorney, accountant, financial advisor, etc.). It’s a good practice to update this inventory every few years and keep it in a secure yet accessible location. Sharing it with your attorney, Trustee, or a trusted family member ensures that they can efficiently manage your estate when the time comes.

L – Legacy

Estate planning is about more than just transferring assets; it is about leaving a meaningful impact on future generations. By carefully structuring your estate plan, you can ensure that your wealth benefits your loved ones in a way that aligns with your values and aspirations. Whether through a well-drafted and well-managed Trust, charitable contributions, or providing financial security for your heirs, your estate plan becomes a testament to your life and the principles you hold dear. A thoughtful legacy is not just about money – it is about ensuring that your influence, generosity, and intentions endure long after you are gone.

Another way to view estate planning is as a means of shaping the future for those you leave behind. It allows you to provide stability, preserve family traditions, and support meaningful causes that align with your beliefs. Whether it is funding education, donating to charity, or ensuring the financial security of your heirs, an estate plan is a powerful tool to make your mark on the world. By taking proactive steps now, you create a roadmap that safeguards your wishes and provides guidance for future generations, ensuring that your legacy extends far beyond your lifetime.

Estate planning is an essential step in securing your future and protecting your loved ones. This April, take steps to build a comprehensive estate plan that ensures peace of mind and a seamless transition of your assets. Start planning today so that your legacy continues for generations to come.

Attorney Leah A. Kofos is an associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC, which focuses on advising its clients in the areas of trust and 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.
© 2025 Samuel, Sayward & Baler LLC

Smart Counsel Interview with FriendshipWorks

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This week we feature Attorney Leah Kofos’ interview with FriendshipWorks Executive Director, Janet Seckel-Cerrotti. FriendshipWorks is a nonprofit that reduces elder isolation by connecting volunteers with older adults for friendship and support. We appreciate Janet taking the time to share her wisdom and experience with us.

Since 1984, FriendshipWorks has been matching caring volunteers with elders in need of companionship, support, and assistance. Whether it’s a weekly visit from a Friendly Visitor, completing a household task with a Friendly Helper, a Medical Escort to be there for a medical appointment, the joy of a PetPals visit, or a MusicWorks session, these five programs bring warmth, connection, and friendship into the lives of Boston’s older adults.

https://fw4elders.org/

Preserving Your Pot of Gold: Smart Strategies for Preserving Your Assets

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During the week of St. Patrick’s Day, we’re all dreaming of finding that elusive pot of gold at the end of the rainbow. But if you’ve worked hard to build your own wealth, you know that keeping it safe is just as important as acquiring it. Without careful planning, your financial security could be eroded by taxes, legal complications, and unexpected expenses. To ensure your “pot of gold” remains intact for you and your loved ones, consider these key asset protection strategies.

Minimizing Estate Taxes

Estate taxes can take a significant bite out of the wealth you intend to pass on to your heirs. Fortunately, with proper planning, you can minimize this tax burden and keep more of your assets where they belong—within your family. One effective strategy is to take advantage of the annual gift tax exclusion, which allows you to transfer a certain amount to beneficiaries each year without triggering federal taxes. Establishing revocable trusts with estate tax minimization provisions can also be a powerful way for married individuals to lessen the burden of estate taxes. Other strategies, such as charitable giving and life insurance trusts, can further reduce estate tax exposure. A proactive approach ensures more of your wealth stays within your family.

Avoiding Probate

Probate is a legal process that can be costly and time-consuming, delaying asset distribution to your heirs. Fortunately, there are ways to structure your estate to bypass probate entirely. One of the best strategies is to set up a revocable living trust which allows assets to transfer smoothly without court intervention. Proper designation of beneficiaries on financial accounts is also an effective way to ensure your wealth passes directly to your loved ones. But beware the ides of March…I mean, beware the improper designation of beneficiaries! Naming minor or incapacitated beneficiaries on your accounts is an easy pitfall to stumble into.

Planning for Long-Term Care

No one wants to think about the possibility of needing long-term care, but failing to plan ahead for it can be financially devastating. Nursing home and assisted living costs can deplete your savings quickly if you don’t plan ahead. One way to protect your assets is through long-term care insurance, which can cover many of these expenses and prevent you from having to rely solely on personal funds. Another approach is restructuring your assets through your estate plan in a way that allows you to qualify for assistance while preserving your wealth for your heirs. By planning ahead, you can take precautions to ensure your financial resources aren’t wiped out by unexpected healthcare costs.

Diversification: Don’t Put All Your Gold in One Pot

Diversification is key to protecting your wealth from market downturns and economic uncertainties. By spreading your investments across different asset classes—such as stocks, bonds, real estate, and alternative investments—you reduce the risk of losing everything if one market takes a hit. Whether it’s gold coins, property, or investments, a well-balanced portfolio is essential for long-term financial security.

Creating a Legacy

Preserving your wealth isn’t just about protecting assets during your lifetime—it’s also about ensuring it benefits future generations. Trusts can help secure your legacy and provide financial stability for your children and future descendants. Educating your heirs about financial responsibility and smart money management is just as important as passing down assets. Estate planning is about more than passing down money; it’s about securing a lasting financial legacy.

Guard Your Treasure with Care

Protecting your assets today means securing a brighter future for yourself and those you care about. Proactive financial planning allows you to pass on more than just wealth—it lets you share values, stability, and opportunities with future generations. Whether through trusts, investment diversification, or long-term care strategies, each step you take now strengthens your financial foundation and ensures lasting prosperity. A strong estate plan provides confidence that your hard-earned resources will support your family’s future.

This St. Patrick’s Day, take some time to review your estate plan and make sure your pot of gold is safe from unnecessary losses. After all, luck may help you find treasure, but smart planning ensures you keep it!

Attorney Leah A. Kofos is an associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC, which focuses on advising its clients in the areas of trust and 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

Five Things to Know When Transferring Your Home to a Revocable Trust

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One of the most common ways to own real estate is in a revocable trust, also called a revocable living trust. A revocable trust allows for unrestricted control and use of the property by the owners for their lifetimes.

A revocable trust is created by a person called the “grantor” or “settlor” who designates a “Trustee” who will manage the assets owned by the trust for the benefit of the trust “beneficiaries”. In a revocable trust, the owner of the real estate is typically the grantor, Trustee and beneficiary of the trust during the owner’s lifetime. If a married couple transfers their home to a revocable trust, both members of the couple are often the grantors, Trustees and beneficiaries.

There is a federal law that permits the transfer of mortgaged residential real estate with less than five units to a revocable trust of which the borrower is a beneficiary without impacting an existing mortgage loan and without requiring permission from the mortgage lender.

Here are five things to know about transferring your home to a revocable trust:

1. Benefits of a Revocable Living Trust

Transferring real estate into a revocable trust has many benefits and can achieve many common planning goals.

Holding real estate in a revocable trust will allow the property to avoid the probate process at the death of the owner (or at the death of the surviving owner if the property is owned by more than one person). Probate is the court process that transfers title from a deceased person to the deceased person’s heirs or the beneficiaries under the Will. In Massachusetts, it can take several months or more for the probate court to appoint a Personal Representative of the estate and this delay can wreak havoc with the management of property. No one has the authority to sell or lease the property until the court makes the appointment. If a trust is used to avoid probate, the successor Trustee of the Trust can manage or sell real estate owned by the Trust immediately after the owner’s death for the benefit of the Trust beneficiaries.

Holding real estate in trust can be especially beneficial if you own real estate in multiple states, since real estate must be probated in the state in which it is located. Owning real estate in trust will avoid multiple probate proceedings.

If the value of your estate is large enough to be subject to estate tax ($2 million in Massachusetts, $13.9 million for federal estate tax purposes) and you are married, holding real estate in a trust can be part of a plan to shelter assets at the death of the first spouse to die from taxation at the death of the surviving spouse, saving overall estate taxes for those who inherit the assets at the death of the surviving spouse.

Last but not least, revocable trusts can be used to manage real estate for young children or other beneficiaries. For example, if you have school-age children and would like your home maintained for them if you passed away so they can continue to attend school in the town where they live, or if you would like a beloved vacation home held in trust for the benefit of your children and grandchildren after your death, a trust is an excellent vehicle for these situations.

2. Homestead Protection

The Massachusetts Homestead Law allows you to protect some or all of the equity in your primary residence from creditors’ claims by filing a Declaration of Homestead with the Registry of Deeds. If you transfer your home to a revocable trust, the Declaration of Homestead you filed when your home was individually owned will likely be void. A new Declaration of Homestead, signed by the Trustees of the revocable trust should be filed with the deed conveying the property to the Trustees. Homes held in trust are entitled to the same Homestead protection as homes owned individually, as long as a proper Declaration of Homestead is filed by the Trustees.

3. Title Insurance and Homeowners Insurance

Two important tasks that should be undertaken when you transfer real estate to a trust relate to your homeowner’s insurance and your owner’s title insurance.

You should notify your homeowner’s insurance agent when you transfer property to a revocable trust and ask them to update your policy to reflect that your property is titled in trust. Also note that holding real estate in a revocable trust does not afford you any liability protection. You should make sure to maintain adequate liability insurance to protect the real estate against liability. If you do not presently have an umbrella policy you may wish to speak with your homeowner’s insurance agent about obtaining such a policy.

If you purchased owner’s title insurance when you purchased your property, you may need to take action to continue that coverage following transfer of your property to a revocable trust. Some types of owner’s title insurance policies require an endorsement to continue coverage after property is transferred to a trust and some do not. Some title insurance companies will require a title rundown before issuing an endorsement to the policy, and some will charge a fee for the endorsement.

4. Residential and Other Property Tax Exemptions

Boston, Brookline, Cambridge, and other cities and towns in the Commonwealth offer a residential real estate tax exemption to homeowners who occupy real estate as their principal residence. If you transfer your property to a trust you may need to re-apply for the exemption and provide a copy of the relevant trust documents to the city or town. To ensure you do not lose your residential exemption (even temporarily) when your property is transferred into trust, contact your city or town to determine what steps you need to take to continue that exemption after your property is transferred into trust.

Cities and towns may also offer property tax exemptions to blind, elderly or disabled property owners. If you are eligible to receive a property tax exemption from the city or town where your home is located, the transfer of your home into trust may affect these exemptions. If you receive a property tax exemption you should contact your city or town to determine whether or not the conveyance of the property into trust will affect the exemption, and whether or not this can be avoided.

5. Beach Stickers, Dump Stickers, and Other Amenities

Every city and town is unique, and some cities and towns offer amenities that are only available to residents of that city or town. For example, only people who own property in a particular town on the Cape can get a beach sticker that will allow them to park at the beach in that town. In other towns, only homeowners can get a sticker that allows them to bring trash to the town’s transfer station. Other cities may allow you to park on certain streets if you are a resident and have a resident parking permit. If your town offers any of these amenities tied to home ownership, you should inquire with your city or town whether the conveyance of your property into trust will affect your eligibility for these services, and whether or not this can be avoided.

Ownership of real estate in a revocable trust provides many estate planning benefits and is a common practice here in Massachusetts. If you are interested in taking advantage of these benefits, consult with an experienced estate planning attorney who can review with you the pros and cons of transferring real estate you own into a revocable trust. If you do transfer your property, keep in mind the things noted above so that you can enjoy the benefits of a revocable trust without any issues.

Maria C. 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 the former President of 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.

March 2025

© 2025 Samuel, Sayward & Baler LLC

Understanding Pooled Trusts: Protecting Assets and Benefits for Individuals with Disabilities, Including Older Adults

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Joe is 80 years old and requires health care assistance to such an extent he can no longer remain at home and bring in aides to help him.  Joe decides he needs to transition to a nursing home but he will not be able to afford to pay out of his own pocket for the nursing home in about six months.  Joe will need to apply for long-term care Medicaid benefits to pay for his nursing home expenses thereafter.  At the same time, Joe wants to retain some of his money to pay for items and activities that the Medicaid benefits will not cover.  What can Joe do to ensure he is eligible for Medicaid benefits yet has some funds available to pay for clothing, furniture, a mobile phone, non-prescription medication, and other things?  Joe can transfer a portion of his assets to a so-called special needs “pooled trust” immediately prior to applying for Medicaid benefits. 

A pooled trust is an excellent financial tool designed to help individuals with disabilities protect their assets while still qualifying for government benefits like Medicaid and Supplemental Security Income (SSI), including but not limited to older adults residing in a nursing home. These trusts are managed by non-profit organizations that pool resources from multiple beneficiaries while maintaining separate accounts for each participant. The pooled structure allows for more efficient management of funds, and is simpler and more cost-effective than establishing a traditional special needs trust. Since the trust is managed by a nonprofit organization, administrative costs are typically lower, and beneficiaries can take advantage of the expertise of professionals who ensure compliance with state and federal regulations so their public benefits are not endangered.

The non-profit organization administering the pooled trust typically charges a small percentage fee and completes annual income tax returns in connection with the funds it manages, among other tasks.  When a beneficiary dies, if there are any funds remaining in the beneficiary’s individual account, Medicaid must first be reimbursed from those funds for any expenses paid on the beneficiary’s behalf during the beneficiary’s lifetime (this is known as a Medicaid payback clause).  Thereafter, any funds remaining may be distributed to recipients named by the beneficiary before he or she died and/or to the non-profit organization to support other individuals with disabilities. In Massachusetts, there are three (3) well-known non-profit organizations that administer pooled trusts: Planned Lifetime Assistance Network (PLAN) of Massachusetts and Rhode Island, Inc., The Arc of Bristol County Pooled Trust, and Guardian Community Trust. Beginning in March, I will leave my position at Samuel, Sayward & Baler to serve as in-house counsel for PLAN of Massachusetts & Rhode Island.

Due to Joe’s advance planning, he successfully preserved a portion of his assets in a pooled trust to ensure he had sufficient funds for his personal needs while receiving government benefits to pay for his long-term care in a nursing home. If you have questions about long-term care planning for yourself or a family member, one of our knowledgeable attorneys at Samuel, Sayward & Baler LLC will guide you through your long-term care planning options, including whether a special needs pooled trust may be the right fit for you now or in the future.  

Attorney Abigail V. Poole is a senior associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of trust and estate planning, estate settlement and elder law matters. She is an active member and Past President of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA), and beginning in March 2025 will serve as in-house counsel for the PLAN of Massachusetts and Rhode Island, Inc.  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. 

February, 2025

© 2025 Samuel, Sayward & Baler LLC

Wills • Trusts • Elder Law • Long-Term Care Planning • Estates

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