From October 1, 2014 through November 6, 2014, there have been 16 single family homes sold in Easton, MA  02375 02356.    There are currently 76 single family homes on the market in Easton, MA  02375 02356.   Median sold price: $351,500.00    Average sold price: $436,313.00    On average, it has taken 91 days to sell a home in Easton, MA  02375 02356.   Easton, MA  02375 02356 Market Statistics Today’s available homes! 11/06/2014

From September 1, 2014 through September 30, 2014, there have been 13 single family homes sold in Easton, MA  02375 02356.    There are currently 89 single family homes on the market in Easton, MA  02375 02356.   Median sold price: $419,900.00      Average sold price: $446.115.00    On average, it has taken 70 days to sell a home in Easton, MA  02375 02356.   Today's available homes 10/02/2014

From August 1, 2014 through August 31, 2014, there have been 14 single family homes sold in Easton, MA  02375 02356.  There are currently 85 single family homes on the market in Easton, MA  02375 02356. Median sold price: $483,750.00  Average sold price: $526,575.00  On average, it has taken 80 days to sell a home in Easton, MA  02375 02356. Easton, MA  02375 02356 Market Statistics  Today's available homes! 09/02/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com There are several non-tax reasons for utilizing trusts such as asset protection; avoiding probate; creditor protection; protection for the surviving spouse and children in the event the surviving spouse remarries; control and management of assets for spendthrifts, minors and those disabled; and avoiding ancillary probate for real estate owned in another state.  Moreover, living trusts are private (not public) documents and notice of the trust assets and accountings need be given only to the interested parties. Example:  Mr. and Mrs. Easton have "I love you" wills whereby they leave everything to each other and they each have a taxable estate ... 05/02/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com What if there is a Will, but the surviving spouse was left nothing or a token amount?   Under Massachusetts law, can you disinherit your spouse?   A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse.    The balance of this blog assumes there is no such valid and enforceable prenuptial or separation agreement.  Under Massachusetts law, a surviving spouse has the right to waive the Will and claim instead the forced share (also referred to as "elective share" and "statutory share").   The Massachusetts Uniform Probate Code (MUPC) bec... 05/01/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com Who can be the personal representive (formerly known as executor)? The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  Under the MUPC, the person in charge of the estate of a deceased person is called a “personal representative”.  Before the MUPC, we used the terms "executor"--if a person died with a Will--and "administrator"--if a person died without a Will. Whether or not there is a Will, § 3-203(a) of the MUPC has a “priority ladder,” which establishes who has priority to be appointed as the personal representative.  Generally, the order is as follows: (1) the person named in the Will, (2) the surviving spouse who... 04/30/2014

Easton, MA  02375, 02356, 02334, 02357 Market Statistics: From April 1, 2014 through April 30, 2014, there have been 11 single family homes sold in Easton, MA  02375 02356, 02334, 02357.  There are currently 95 single family homes on the market in Easton, MA  02375 02356, 02334, 02357. Median sold price: $376,000  Average sold price: $374,972  On average, it has taken 105 days to sell a home in Easton, MA  02375 02356, 02334, 02357. Easton, MA  02375 02356, 02334, 02357 Market Statistics,  See today's available homes! 04/30/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com What is the Adult Foster Care (also called Adult Family Care) Program? Adult Foster Care (also called Adult Family Care) is a program that enables elders who cannot live alone safely to have a live-in caregiver.  The services to the elder also include meal preparation, assistance with personal care and medication, shopping, laundry, housekeeping, transportation to medical appointment and social visits, and maintaining a clean and safe living space.   The live-in caregiver receives a non-taxable stipend of up to $18,000 per year.  The amount of the stipend depends on the number of activities of daily living with which the elder requires assistance, i.e... 03/30/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com What is the Home and Community Based Frail Elder Waiver (Waiver) Program?    Elders who are clinically in need of nursing home care and meet the asset limits detailed below qualify for the Home and Community Based Frail Elder Waiver (Waiver) Program.     The Waiver program is funded by MassHealth and provides the following services: skilled nursing, home health aide, housekeeping, laundry, transportation, grocery shopping, meal delivery, and the wander response system.              What are the income and asset rules for Waiver Program?  Under the Waiver program, there is no income limit.  However, if the elder’s gross monthly income exceeds the thre... 03/30/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com What is the Home Care Program?   The Home Care Program is for elders with limited income and with low-to-moderate needs in terms of in-home services. The program also includes respite care for caregivers. Elders are eligible for the Home Care Program if they meet the income criteria detailed below; are not residing in a rest home, nursing facility, convalescent home, or assisted living residence; are not receiving services from an all-inclusive program such as Adult Foster Care (also known as Adult Family Care), Group Adult Foster Care (GAFC), or Program for All-Inclusive Care (PACE); and have been assessed and determined to be in need of in-home ser... 03/30/2014

I am often asked "How does my divorce affect my estate plan?"  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that divorce revoked the provisions in favor of a former spouse in a pre-existing Will (the former spouse was treated as having died first).  The net effect was that former spouse did not inherit directly under the Will and any nominations appointing the former spouse were void.    The prior law was sometimes problematic.  For example, under the old law, the stepchildren potentially could inherit (even though the former spouse did not) since the former spouse was treated as having died first and, consequently, children of the former spouse were entitled to the share of the former spouse.  Also, und... 02/04/2014

Another Satisfied Homebuyer: Congratulations to the New Owners of 542 Foundry Street, Easton, MA   These home buyers found us through our ratings on Angie's List.  They first contacted me back in June.  They were doing their research - not wanting to buy for several months.  They already owned a condo and wanted to move on to a single family home.     However, their first homebuying experience had not gone well.  The ended up working with a dual agent and did not realize until the end of the deal that the agent was in fact, not representing them.   This time, they wanted to make sure that they had an agent that only worked for them.   So I set them up to receive home listings, let them know how an exclusive buyer agent only works for the buyers and gave them time to decide how to move f... 02/03/2014

Website:  vonweisslaw.com  What happens if the will is older than the marriage?  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof."  Pretty simple and straightforward, right?    Under the new law, things are a bit more complex.  Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten if no will) EXCEPT that the surviving spouse does not get an intestate share of those assets passing under the pre-marital will to the children of the deceden... 01/30/2014

Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional and not occasioned by accident or mistake[.]"  M.G.L. c. 191, § 20.  The new law pertaining to an omitted child, §2-302 of the MUPC, applies only to a ch... 01/29/2014

What happens when a child is omitted from the parent's Will? Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional and not occasioned by accident or mistake[.]"  M.G.L. c. 191, § 20.  The new law pertaining ... 01/27/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. Website:  vonweisslaw.com Why is it that some nursing homes mislead elders about MassHealth (also known as Medicaid)?  Recently, a nursing home told my client (let's call her Mrs. Elder) not to apply for MassHealth (also known as Medicaid) for her husband because if she did apply for MassHealth, the MassHealth agency would put a lien on her house.  This is misleading.  The MassHealth regulations specifically set forth that a MassHealth lien cannot be placed when there is a spouse living in the house.  Because Mrs. Elder is a spouse living in the house, a lien could not be placed on Mr. and Mrs. Elder's home.  Luckily, Mrs. Elder ignored the nursing home and came to see me for as... 01/26/2014

Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional and not occasioned by accident or mistake[.]"  M.G.L. c. 191, § 20.  The new law pertaining to an omitted child, §2-302 of the MUPC, applies only to a ch... 01/19/2014

Easton, MA  02375 02356, 02334, 02357 Market Statistics: From January 1, 2013 through January 8, 2014, there have been 227 single family homes sold in Easton, MA  02375 02356, 02334, 02357.  There are currently 53 single family homes on the market in Easton, MA  02375 02356, 02334, 02357. Median sold price: $388,000  Average sold price: $414,660  On average, it has taken 124 days to sell a home in Easton, MA  02375 02356, 02334, 02357. Easton, MA  02375 02356, 02334, 02357 Market Statistics,  Today’s available homes!   01/08/2014

Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death.     Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of exempt property from the decedent’s probate estate.   The $10,000 first comes from "household furniture, automobiles, furnishings, appliances and pe... 01/06/2014

Website:  vonweisslaw.com  What happens if the will is older than the marriage?  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof."  Pretty simple and straightforward, right?    Under the new law, things are a bit more complex.  Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten if no will) EXCEPT that the surviving spouse does not get an intestate share of those assets passing under the pre-marital will to the children of the deceden... 01/02/2014