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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:
Medicaid Myths
Legal
By Michelle Beneski, Esq.
Medicaid was considered a complicated program when President Lyndon B. Johnson first signed it into law at the Truman Library in Independence, Missouri, and it has grown even more complex during each of the thirty years since.
Guardian Tries to Take Patient Off Life Support !
Legal
By Michelle Beneski, Esq.
ny people are familiar with the Florida case involving Terri Schindler Schiavo. In that case, poor Terri was in a coma and her husband, who was also her legal guardian, wanted to take her off life support. Terri’s parents objected and the case went all the way to the U.S. Supreme Court.
Ten Asset Protection Mistakes
Legal
By Michelle Beneski, Esq.
Here are ten of the most common asset protection mistakes people make.
Mistake #1
Relying only on a Will or a Living Trust. A Will takes effect only at your death and a Living Trust will not protect your assets from the government and nursing homes.
When a Loved One Dies
Legal
By Michelle Beneski, Esq.
After a loved one dies, there are many issues which need to be addressed to wrap up the person’s legal and financial affairs. The following is a checklist of issues to consider:
The funeral home should take care of providing you with certified copies of the death certificate. The number of death certificates you need will depend on the assets remaining at the time of death...
The Dangers of the “Typical” Revocable Living Trust
Legal
By Michelle Beneski, Esq.
If you are married and have an estate plan, you probably have a typical “A/B” revocable living trust. These trusts were designed to take advantage of the relatively small federal estate tax exemptions available at that time, by assuring that the estate tax exemption of the first spouse to die would not be wasted.
Five Ways to Protect Your Home Part 2
Legal
By Michelle Beneski, Esq.
Two Medicaid rules come into play whenever we are planning for the home: the penalty period and the look back period. The penalty period is the period of time a MassHealth applicant is disqualified because he gave something away. The length of the penalty period varies by the amount of the gift. The look back period is the period of time that a MassHealth applicant must disclose any gifts. The look back period is 5 years before the application for any gifts made after February 8, 2006. The last two of the five methods do create a penalty period and generally need to be done at least 5 years prior to any Medicaid application. The fourth method is a life estate deed, which is a deed recorded at the registry of deeds that indicates the home is the parents for life and then at the parent’s death the home automatically becomes child’s.
Five Ways to Protect Your Home Part 1
Legal
By Michelle Beneski, Esq.
When a client is entering the nursing home, one of the most significant worries for the client, spouse and family is “Will I lose my home?”
Mom Needs Nursing Home Care - Now What?
Legal
By Michelle Beneski, Esq.
It’s a horrible situation faced by so many families. A loved one, husband, wife, mom or dad, is slowing down and can’t live at home any longer. The doctor says Mom needs nursing home care. What do you do? Your neighbor tells you that nursing homes cost $8,000 per month and that you will have to sell the family home to pay for it! You panicked, where will mom live, which nursing home should mom go to, how will you pay for it?
What Happens If I Cannot Take Care of Myself?
Legal
By Michelle Beneski, Esq.
Part of estate planning is the process of putting together a plan and the associated documents to deal with your disability. It is something that many people avoid because they don’t want to think about their potential death or disability. This article covers the basic decisions you must make and the associated documents.
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