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Michelle Beneski, Esq.
Michelle D. Beneski, Esq. is a partner in the Surprenant & Beneski, P.C. located in New Bedford, Massachusetts. The firm concentrates on Elder Law and Estate Planning Issues.
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Articles By This Author:
A Common Mistake...
Legal
By Michelle Beneski, Esq.
A daughter came to see me after Mass Health denied her mom benefits because mom had more than $2,000 in countable assets. It was clear from the denial notice that mom’s house was being counted as an asset.
Grandma Got Run Over By a Reindeer
Legal
By Michelle Beneski, Esq.
You know the classic song “Grandma got run over by a reindeer coming home from my house Christmas Eve.” A typical law school exam question would be: what legal issues arise from this tragedy?
Writing A Do-It-Yourself Will
Legal
By Michelle Beneski, Esq.
There have been many advertisements for web sites where you can write your own Will and other Legal documents. Citing the fact that basic estate plans may run from $500 to $1,000, some people are choosing to go online to prepare those documents because it is cheaper. This is often penny wise but pound foolish.
What The Heck Is A Trust?
Legal
By Michelle Beneski, Esq.
Trusts are legal documents steeped in mystery. Most people have heard of them but few people understand what they are and what they can do. Actually, a trust is merely a written set of instructions on how property owned by the trust may be used. Like people, trusts come in many different types.
The Stretch IRA and the IRA Inheritance Trust
Legal
By Michelle Beneski, Esq.
Upon your death, the beneficiary of your Individual Retirement Account (IRA) can take the money out as fast as all of it right away or as slow as payments over the beneficiary’s life expectancy.
Pet Trusts
Legal
By Michelle Beneski, Esq.
There are more pets than children in American households. For many people, old and young alike, pets are as much a part of their family as any human.
Get Your Ducks in a Row!
Legal
By Michelle Beneski, Esq.
Most couples assume they can make decisions for one another if one should become incapacitated but this is not always true. For example, usually a spouse cannot access the other spouse’s IRA while the sick spouse is alive even if the person is the beneficiary of the account.
Paying for Nursing Home Care
Legal
By Michelle Beneski, Esq.
There are four primary ways to pay for nursing home care: use your own money to pay for care privately, use long term care insurance benefits, use Medicare for rehabilitation care, or use MassHealth (Medicaid) for long term care.
A True Story: Do You Know Her?
Legal
By Michelle Beneski, Esq.
Mary is a widow, age 75. She has one daughter Sally. Mary lives alone in her home. She has about $650,000 in savings. Mary hasn’t done any estate planning.
Medicaid Myths, Part 2
Legal
By Michelle Beneski, Esq.
Each month, the attorneys of Surprenant & Beneski, P.C. donate several hours of their time presenting seminars for various community groups and professional associations. We believe strongly that the best way to help the elderly is to clear up many misperceptions about the Medicaid program.
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