Law Offices of James A. Miller, P.C.

We can help you with legacy planning, nursing home planning, probate and trust administration, and more.

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Worcester Elder Law

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Worcester Assistance for Older Massachusetts Residents

Worcester elder law doesn’t have to be a mystery.  Our offices aim to decode the mysteries so you know what you need to do to plan for your future.

According to ABA Journal, declining birthrates, longer lifespans, and baby boomers becoming senior citizens are making the U.S. “grayer.”  By 2035, projections indicate there will be more adults over the age of 65.  That figure will eclipse the number of children, in just 15 years.  The increase in the elderly population has increased demand for elder law attorneys.  As elder law lawyers, we understand the unique aspects in planning for the elderly.

While estate planning is important for those of all ages, it is essential for those over the age of 60.  Fundamental planning issues, like long-term care and Medicaid eligibility, are difficult to address at the last minute. Having an experienced elder care attorney who can answer your questions in a knowledgeable manner is essential for your future. Our attorney can guide you through future decisions to keep the process stress-free.

What is Elder Law?

The practice of elder law includes such issues as:

Elder law is a sub-specialty of estate planning in many ways. This allows elderly individuals and their families to plan for long-term care, healthcare, retiree benefits, Medicare and Medicaid coverage, home care, and nursing home care. When the time comes, there are many decisions to make.  Our elder law attorney can help facilitate these decisions. 

At What Age Should You Contact an Elder Law Attorney?

If you are in your seventies or eighties, it is not too late to meet with an elder law attorney.  It will be helpful to you and your family to do some planning for your future. While it will almost certainly be more challenging, you can still do it.  If you find yourself in that situation, do not simply decide it is too late. That being said, it is certainly easier to plan for your future when you are a bit younger. While there is no right or wrong age, we recommend that you start the planning process by the age of 60. The longer you wait, the higher your risk of losing the capacity to engage in the planning process because of health issues.

What Preparations Should You Make Prior to Meeting with an Elder Law Attorney?

If you have made the decision to meet with a Massachusetts elder law attorney—congratulations on taking this important first step. To ensure you have the most productive meeting possible, there are certain preparations you can make prior to your first meeting, as well as certain steps you can take on your own to make the meeting as constructive as possible. Firstly, you should identify all the areas you want to plan for. You may want a total, comprehensive plan that addresses all aspects of your future and covers virtually every conceivable situation.

You may want to start with nothing more than a simple will, or your biggest concern could be managing your assets now to ensure you are able to take advantage of Medicaid benefits for nursing home care should the necessity arise. Make a list of the issues you want to discuss, as well as any questions you may have regarding those issues. Bring along any documents which you think your attorney could find useful at this first meeting. The more organized and prepared you are, the better your attorney can help you get exactly what you need and want when planning for your future.

Should I Plan My Estate to Avoid Probate?

Most of us have heard at one time or another in our adult life things that make us believe we want to avoid probate at all cost. Probate is the legal process under which a person’s assets are distributed according to their estate plan. If there is no estate plan in place, probate will still be required, however, the state of Massachusetts will determine how the assets of the deceased will be distributed, according to Massachusetts intestate law. The reasons for avoiding probate can generally be summarized in three words—time, money, and privacy.

The probate process can be time-consuming since it is controlled by the courts. While probate can theoretically be accomplished in twelve months (for a simple estate), that is not always the case.  It is more likely to take eighteen months to two to three years, depending on the complexity of the estate. Probate can be expensive when you add in court probate fees, along with the fees paid to the executor of the estate. Finally, probate is a public process—all of the documents and information used in the probate process become public record, open to anyone who has an interest. You will want to discuss your situation with your estate planning attorney to determine whether you will try to avoid probate or not.

What About Massachusetts Estate Taxes?

The state of Massachusetts is one of 12 states in the United States that collects a state estate tax. These estate tax laws can be difficult to navigate for those left behind. Rather than taxing on the value of an estate above a certain threshold, the state of Massachusetts taxes estates with values at a much lower threshold than the other states which do have a state estate tax. The state collects taxes prior to any assets passing to a beneficiary any time the estate is worth more than the $1 million exemption amount. Massachusetts estate taxes apply to the entire value of the estate rather than the portion above the $1 million exemption threshold.  Therefore, any value over $40,000 is is subject to tax, without exception. Because there are numerous issues associated with Massachusetts estate taxes, you should consult an experienced estate planning attorney.

Need Help with Worcester Elder Law?

If you’re approaching the age of sixty or older, it’s important that you plan for certain eventualities. Of course, we all hope we never end up in a nursing home or assisted living facility. Still, many of us will. To ensure you remain eligible for Medicaid benefits should that time come, planning for the future is essential. There are many aspects to elder law in Worcester, and Attorney James A. Miller can assist you with all of them. When you meet with James, he will take the time to answer your questions and ensure he has all the information necessary to help you make the decisions for your future. Contact the Law Offices of James A. Miller today for all your eldercare needs.