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We are Elder Law and Estate Planning Attorneys in Boston, Massachusetts, providing Medicaid Planning, Estate Planning, Wills, Trusts, Planning for Solo Seniors, Guardianship, Conservatorship, and Probate of Estates. We are caring attorneys ready to help you, whether you are planning in advance or facing a crisis. Our Blog provides information that may be helpful to our clients.
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The Scariest Mistake in Estate Planning: Doing Nothing
As an estate planning attorney, the scariest thing I see families face is when someone never gets around to making a plan at all.
Doing nothing feels safe. It doesn't cost anything, it doesn't require an uncomfortable conversation, and there's no deadline forcing your hand. But doing nothing doesn't mean nothing happens. It means the law decides for you, and the law does not know your family, your wishes, or what you actually wanted.

Kathy L. McNair, Esq.
Oct 274 min read


What Is the Five-Year Lookback, and Which Transactions Cause Problems?
When someone applies for MassHealth long-term care benefits (also known as Medicaid), the state reviews the previous five years of that person's financial records, looking for transfers of money or property made for less than fair value. If it finds one, it can impose a penalty period, a stretch of time during which MassHealth will not pay for care, calculated based on how much was given away.
What surprises people is how broadly this gets applied.

Kathy L. McNair, Esq.
Oct 132 min read


Why Getting Organized Is the First Step in Planning and a Gift to Your Loved Ones
Getting organized is often the single thing that makes the biggest difference for whoever ends up helping you, whether that is a spouse, a child, a friend, or an attorney.

Kathy L. McNair, Esq.
Sep 293 min read


Understanding Probate and Estate Planning
Many people believe that once they have a will, their estate plan is complete. A will is important, but it does not avoid probate, and it doesn't control certain assets. In most cases, avoiding probate is a good thing. However, the first step is to understand what you own and how it is titled. Estate planning attorney Kathy McNair discusses the importance of understanding what a will does and does not cover.

Kathy L. McNair, Esq.
Sep 153 min read


Should You Add Your Child's Name to Your House for Nursing Home Protection
Do you want to protect your home from the high cost of nursing home care? In Massachusetts, what is the best way to protect your home. Boston, Massachusetts, elder law attorney Kathy McNair, breaks down the options.

Kathy L. McNair, Esq.
Sep 14 min read


Massachusetts Assisted Living Contract Rules Families Should Know
A move to assisted living often happens after weeks or months of worry. A parent is no longer safe at home. A spouse needs more daily support. The family tours communities, compares costs, asks about care, and finally finds a place that feels right. Then comes the residency agreement. By that point, many families sign quickly. The room is available. The move-in date is close. Everyone wants the transition to go smoothly. The contract can feel like one more stack of paperwork

Kathy L. McNair, Esq.
Aug 248 min read


MassHealth Myths That Could Cost Your Family Everything
In nearly 28 years of practicing elder law, I have heard many confident statements from families that turned out to be wrong in ways that cost them dearly. Not because they were careless or uninformed, but because they did what most of us do. Myth #1: "My neighbor did it, so it should work for me too." This is where most misconceptions begin. Someone hears about a strategy that worked for a friend, neighbor, or relative and assumes the same approach will have the same result

Kathy L. McNair, Esq.
Aug 195 min read


Aging Without a Safety Net: What Solo Seniors Need to Plan For That Others Don't
Most estate planning assumes a certain kind of life: a spouse, children nearby, a sibling who could step in, or a network of people who would show up if something happened. But not everyone has that. And for the growing number of people aging without close family support, those who are single, widowed, childless, estranged from family, or simply without anyone nearby who could realistically take on the responsibilities involved, traditional planning falls short in ways that a

Kathy L. McNair, Esq.
Aug 55 min read


The Difference Between a Guardian and a Healthcare Proxy and Why Both Matter
When families start thinking about planning for an aging parent, one of the most common questions we hear is some version of: "My mother has a healthcare proxy, so we're covered, right?" Sometimes yes. But not always. And the gap between those two answers is where families find themselves in crisis, scrambling for legal authority they assumed they already had. Understanding the difference between a healthcare proxy and guardianship, and knowing when one is not enough, is one

Kathy L. McNair, Esq.
Jul 224 min read


What Happens to My Parent's Estate If There's No Will in Massachusetts?
It is one of the most common situations we encounter in our practice: a parent passes away, and the family discovers there is no will. Sometimes they knew it was coming and hoped it wouldn't matter. Sometimes they had no idea. Either way, the absence of a will doesn't simplify things, it almost always makes them harder, more expensive, and occasionally devastating for the people left behind. Here is what actually happens in Massachusetts when someone dies without a will, and

Kathy L. McNair, Esq.
Jul 84 min read


When Elderly Parents Won't Talk About Planning? A Summer Guide for Adult Children
Summer has a way of bringing things into focus. You arrive for a visit, sit down at the kitchen table, and notice something has shifted. Maybe your parent seems more tired than last year. Maybe the house feels a little less organized. Maybe it's nothing, or maybe it's the quiet beginning of something you've been putting off thinking about. Are you an adult child starting to wonder whether your parents have their legal affairs in order? You don't need to have a dramatic interv

Kathy L. McNair, Esq.
Jun 244 min read


Already on MassHealth? Redeterminations Are Getting Tougher
In my practice, I have been hearing more and more from clients who have been on MassHealth for years, who are suddenly being asked to provide mountains of documentation at renewal time. What used to be a relatively routine check-in has become something that looks and feels like a brand new application. If you or a family member is currently receiving MassHealth benefits and has received a redetermination notice, please read this carefully. What Is a Redetermination? Redetermi

Kathy L. McNair, Esq.
Jun 103 min read


PACE Program: A Powerful Tool for Staying Home; But the Rules Are Changing Fast
If you or a loved one wants to stay home and get the care you need as you age, the PACE program, the Program of All-Inclusive Care for the Elderly, has long been one of the best tools available. It provides comprehensive medical care, personal care, and social services, all coordinated through a local PACE center, while allowing participants to continue living in their own homes. For years, PACE was also more accessible than nursing home Medicaid in one important way: it did

Kathy L. McNair, Esq.
May 293 min read


The Hidden Power of the Caregiver Child Exception and Why So Few Families Use It
Caring for an aging parent is one of the most loving things a person can do. Many adult children take on the role of caregiver, helping a parent stay in the comfort of their own home rather than move into a nursing facility. What few families realize is that this sacrifice can also bring an unexpected benefit. Under MassHealth rules, there is a little-known protection called the Caregiver Child Exception . When used correctly, it can help families keep their homes instead of

Kathy L. McNair, Esq.
Mar 33 min read


How to Talk to Your Spouse About Estate Planning When They Avoid the Topic
Tips for how to talk to your husband or wife about creating a Will and Estate Planning documents when they don't seem to care.

Kathy L. McNair, Esq.
Feb 243 min read


Caution...MassHealth Is Now Carefully Reviewing the Spouse’s Assets after Medicaid approval
Important MassHealth update for married couples in Massachusetts. Community spouse assets may now be reviewed annually.

Kathy L. McNair, Esq.
Feb 123 min read


The Second Chapter: How Seniors Are Redefining Purpose After Retirement
For many people, retirement marks the end of a long and meaningful career. But for others, it feels less like an ending and more like the beginning of something new. Life after retirement offers the rare opportunity to explore passions, build community, and live with intention. More than ever, seniors are redefining what this stage of life can look like. A New Definition of Retirement Retirement is no longer simply about slowing down. Today, many seniors are busier than ever,

Kathy L. McNair, Esq.
Feb 102 min read


Why Planning Matters at Every Income Level
Planning for your future isn't just for the rich, it is for everyone. Don't wait for a crisis. Plan ahead to make sure you have the documents you need and the people in place to support you and to consider options for long term care.

Kathy L. McNair, Esq.
Jan 273 min read


MassHealth Rules Are Changing Quickly in 2026: What Massachusetts Seniors Need to Know
There have been recent changes to MassHealth (Medicaid) programs that impact how Massachusetts seniors can protect assets when needing more care at home or in a nursing home

Kathy L. McNair, Esq.
Jan 143 min read


A Recent IRS Tax Announcement Provices a New Opportunity for Aging at Home
The IRS announced that payments to Live In Caregivers won't be subject to federal income tax. Elder Law attorney Kathy McNair discusses live in care as a strong option to help seniors age in place, at home, rather than relying on nursing home care.

Kathy L. McNair, Esq.
Jan 133 min read
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