Attorney Brian E. Barreira

Specializing in Legal Issues Involving Death, Taxation and Disability, Including Estate Planning, Probate, Trusts, Estate and Gift Taxation, MassHealth Applications and Appeals, Guardianship, Conservatorship, Contested Trusts and Estates, Special Needs & Elder Law

 

Professional Activities

CURRENT PROFESSIONAL MEMBERSHIPS

• National Academy of Elder Law Attorneys.
• Massachusetts Chapter of National Academy of Elder Law Attorneys.
• Massachusetts Bar Association, Probate Law Section.

OTHER INFORMATION ABOUT PROFESSIONAL MEMBERSHIPS

• Member, Board of Directors, Massachusetts Chapter of National Academy of Elder Law Attorneys, 2019-present.
• Member, Litigation Committee, National Academy of Elder Law Attorneys, 2018-present.
• Chair, Program Committee, Massachusetts Chapter of National Academy of Elder Law Attorneys, 1999-2005.
• Member, Program Committee, National Academy of Elder Law Attorneys, 2000-2001.
• President, Massachusetts Chapter of National Academy of Elder Law Attorneys, 1994.
• Chair, Elder Law Committee, General Practice Section of American Bar Association, 1990-1995.
• Chair, Long-Term Health Care Issues Committee, Real Property, Probate and Trust Law Section of American Bar Association, 1992-1995.
• Member, Probate Law Section Council, Massachusetts Bar Association, 1993-94, 1995-96.
• Member, By-Laws Committee, General Practice Section of American Bar Association, 1994.
• Tax Editor, NAELA Quarterly, 1991-94.

SPEAKING ENGAGEMENTS

• Moderator/Speaker, A Potpourri of Significant Massachusetts Cases, Massachusetts Chapter of National Academy of Elder Law Attorneys, webinar, 2021.
• Moderator/Speaker, MassHealth Due Process, Massachusetts Chapter of National Academy of Elder Law Attorneys, webinar, 2020.
• Moderator/Speaker, MassHealth Executive Operations Memos, Massachusetts Chapter of National Academy of Elder Law Attorneys, webinar, 2020.
• Moderator/Speaker, 20th Annual Elder & Disability Law Conference, Massachusetts Continuing Legal Education, Boston, MA, 2019.
• Speaker, The Latest in Irrevocable Trust Cases, 16th Annual Elder & Disability Law Conference, Massachusetts Continuing Legal Education, Boston, MA, 2015.
• Moderator/Speaker, Irrevocable Trusts:  The Empire Strikes Back, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, MA, 2014.
• Moderator/Speaker, Analysis of the Tax Aspects of Various Types of Transfers of the Home by Unmarried persons, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, MA, 2013.
• Moderator/speaker, Using and Defending Irrevocable Trusts, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, MA, 2012.
• Speaker, Pearls and Gems from Past Presidents, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, MA, 2007.
• Author/Speaker/Moderator, An Analysis of Various Types of Transfers of the Home: Tax and Medicaid Issues, NAELA Institute, St. Louis, MO, 2001
• Speaker, Estate, Tax and Health Care Planning for the Terminally Ill Client, Massachusetts Bar Association, Boston, MA, 2000.
• Author/Speaker, Gifting Powers and Other Drafting Concerns with Powers of Attorney, Elder Law Institute, Colorado Springs, CO, 2000.
• Speaker, Tax, Trust and Health Care Planning for the Terminally Ill Client, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, MA, 1999.
• Author/Speaker, Tax Traps for the Unwary, Suffolk University Elder Law Institute, Boston, MA, 1998.
• Moderator/Speaker, A Foundation for the Principal Residence: Tax, Long-Term Care, Marital and Creditor Protection Issues, Massachusetts Bar Association, Boston, MA, 1997.
• Moderator/Speaker, Estate Planning for Incapacitated Persons in the Probate Court, Massachusetts Bar Association, Boston, MA, 1996.
• Moderator/Speaker, Estate Planning for the Disabled Beneficiary, Massachusetts Continuing Legal Education, Boston, MA, 1995, 1996.
• Speaker, Estate Planning Basics, Massachusetts Continuing Legal Education, Boston, MA, 1995.
• Author/Speaker, Basic Tax Planning for the Principal Residence, Elder Law Symposium, National Academy of Elder Law Attorneys, New York City, NY, 1995.
• Speaker, Using Testamentary Trusts in Medicaid and Tax Planning, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, MA, 1995.
• Author/Speaker, Long-Term Care Insurance: Asset Protection or Needless Product, Suffolk University Elder Law Institute, Boston, MA, 1995.
• Moderator/Author/Speaker, Preserving and Transferring the Principal Residence, Massachusetts Continuing Legal Education, Taunton/Peabody/Boston, MA, 1994.
• Speaker, Last-Minute Medicaid and Tax Planning Options When One Spouse Is Entering a Nursing Home, Massachusetts Bar Association, Newton, MA, 1993.
• Author/Speaker, Trust & Tax Issues in Transferring Principal Residence, Elder Law Symposium, National Academy of Elder Law Attorneys, Atlanta, GA, 1993.
• Speaker, An Introduction to Elder Law: A Practice Concentration Comes of Age, Annual Meeting of American Bar Association, San Francisco, CA, 1992.
• Speaker, Elder Care Planning, Annual Advanced Estate Planning Conference, American Institute of Certified Public Accountants, San Diego, CA, 1991.
• Speaker, Love, Trust & Money in the Golden & Silver Years: Divorce, Taxation & Medicaid Issues, Annual Meeting of American Bar Association, Atlanta, GA, 1991.
• Author/Speaker, Medicaid and Long-Term Health Care Planning: A Primer to Counseling Clients in Their Prime, Massachusetts Continuing Legal Education, Worcester, MA, 1991.
• Author/Speaker, Federal Taxation of Gifts and Trusts in the Elder Law Context, Elder Law Symposium, National Academy of Elder Law Attorneys, Orlando, FL, 1991.
• Speaker, The Use of the Irrevocable Trust in Medicaid Planning and the Tax Implications Thereof, Massachusetts Chapter of National Academy of Elder Law Attorneys, Waltham, MA, 1990.
• Author/Speaker, The Use of Trusts in the Elder Law Practice, Elder Law Symposium, National Academy of Elder Law Attorneys, San Diego, CA, 1990.

​PUBLISHED WORK

• Trusts in the MassHealth Context, Estate Planning for the Aging or Incapacitated Client in Massachusetts, MCLE Book Publications, Massachusetts Continuing Legal Education, 2021.
• Tax Considerations Regarding Trusts, Estate Planning for the Aging or Incapacitated Client in Massachusetts, MCLE Book Publications, Massachusetts Continuing Legal Education, 2021.
• A Rebuttal to the Reckless Misrepresentation of Federal Medicaid Trust Law by the Office of Medicaid, Massachusetts Continuing Legal Education, 2015.
• Proper Medicaid Planning Can Keep the Home in the Family, Estate Planning, 2001.
• Tax Traps for the Unwary, Suffolk University Elder Law Institute, 1998.
• Using a Charitable Remainder Annuity Trust to Pay for Long-Term Care Insurance, Estate Planning, 1997.
• An Overview of Estate Planning on Behalf of Incompetent Persons, Massachusetts Lawyers Weekly, 1995.
• Long-Term Care Insurance – A Necessary Option to Consider, NAELA News, 1995.
• Estate Planning on Behalf of Incompetent Persons, Massachusetts Bar Association Probate Law Section News, 1995.
• Charitable Remainder Trust Allows Sale of Appreciated Assets Without Capital Gains Tax, NAELA Quarterly, 1993.
• Using Special Powers of Appointment in Medicaid Planning, NAELA Quarterly, 1992.
• Your Client’s Right to Say No: A Nursing Home Is Not Inevitable, Especially If the Goal Is Home Health Care, The Compleat Lawyer, 1992.
• Checklist: Medicaid Planning for Married Couples, The Compleat Lawyer, 1992.
• Using Long-Term Care Insurance to Cover the Medicaid Disqualification Period, The Briefcase, 1992.
• Using Annuities in Conjunction with Long-Term Care Insurance, Elder Law Committee Update, 1991.
• Combining Long-Term Care Insurance with an Immediate Lifetime Annuity,” NAELA Quarterly, 1991.
• Structuring Intrafamily Sales Requires Attention to Federal Tax Consequences, NAELA Quarterly, 1991.
• Medicaid Trusts: Resolving the Income Tax Issues, Estate Planning, 1991.
• A Medicaid Trust Checklist, The Practical Lawyer, 1991.
• Counseling the Client on the Community Spouse Resource Allowance (with Forms), The Practical Lawyer, 1990.
• Despite Medicaid Transfer Restrictions, the Home May Still Be Kept in the Family, Estate Planning, 1990.
• Using Special Powers in Medicaid Trusts, Probate & Property, 1990.
• Using Reserved Special Powers of Appointment in Medicaid Planning, The ElderLaw Report, 1990.
• Despite Medicaid Transfer Restrictions, Late Transfers Can Save the Home, The Briefcase, 1990.
• An Irrevocable Grantor Trust Can Assure Eligibility for Medicaid, Estate Planning, 1989.