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Never Enough Protection
By Tom Williams



Quincy - The best real estate and estate planning advice we can offer our clients in today’s market is this: you can never have enough protection. It is important to take a proactive step to protect your investments, from your home and your estate to your own personal well being, as well as the well-being of your loved ones.

Here are a few tips to help you obtain the protection you need.

Your Home
You can never have enough protection when it comes to your home. It is a good idea to complete a “Declaration of Estate of Homestead.” This form, found at the Registry of Deeds, in local legal stationery stores as well as at your attorney’s office, protects your property for up to $500,000 of the value of your home.

After this simple form is filled out, it needs to be filed in the county in which you reside, along with the $35 filing fee. The document must be properly notarized and all information must be correct, so it is often a good idea to work with an attorney to ensure it is done correctly.

Your Self
The Terry Schiavo case dominated the news in 2005 with the question: who has the legal right to make the decision as to whether Terry could remain living on life support or have her life terminated.

Whether you agree or disagree with the ultimate decision to allow the life to terminate the life, you can spare your family this type of courtroom drama if you take advantage of Massachusetts general laws, including Chapter 201D which provides that every competent adult has the right to appoint a health care agent by executing a health care proxy. The health care agent shall have the authority to make any and all health care decisions that you could make on your own, including decisions about sustaining treatment.

I recommend that every person should execute a health care proxy as part of an Estate Plan. Be sure to appoint an individual who you believe would best represent your wishes and have the ability and determination to follow through with them. Then, put the plan in your top drawer and hope that the proxy will not be needed in the near future.

Your Loved Ones
Family members often require assistance with decisions related to crisis planning for loved ones or incapacitated spouses. Nursing home issues become special concerns for those with loved ones in need of round-the-clock care and expert attention.

There is a lot of research that should be done on the facilities, the care managers, and Medicare and Medicaid service coordinators. Remember, the best information comes from the family and friends of a facility’s residents. This facility will become your elderly loved one’s home. Your search for the ideal location should consider everything that can affect a comfortable living environment.

 

About The Author
Thomas F. Williams & Associates, P.C., provides legal services to South Shore elders and their families. Concentrating in Estate Planning, Elder Law and Real Estate Law, Thomas F. Williams & Associates, P.C. serves its clients with the following disciplines: Estate Planning and Administration (Wills, Trusts, and Probate); Real Estate Law; Civil Litigation; Criminal Law; Elder Law; Family & Marital Law; Immigration Law; Landlord & Tenant Law; and Personal Injury. Thomas F. Williams & Associates, P.C., Attorneys at Law is located at 21 McGrath Highway, Suite 501, in Quincy. For more information about Thomas F. Williams & Associates, P.C., please go to www.lawofficetwilliams. com, call (617) 847-4200 or e-mail info@ lawofficetwilliams.com.

 
 


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