Some attorneys offer a free consultation during which the attorney collects information from a potential client. Attorney Barreira finds that the same goal can be met by sending out a questionnaire for the potential client to complete prior to the initial consultation. Armed with your completed questionnaire, Attorney Barreira gets right to work offering practical advice at the initial consultation.

By the end of the initial consultation, which often runs 50-75 minutes, an overall plan is outlined, with Attorney Barreira’s usual recommendations focused on creating a simple, practical plan where you handle portions of your legal matters to help keep your overall costs down. The point of the initial consultation, for which there is a fee, is for Attorney Barreira to review your personal situation and make recommendations, utilizing his extensive knowledge and experience. There is no obligation for you to continue the attorney-client relationship after the consultation. If you choose to move forward, Attorney Barreira will discuss costs with you. Most persons do continue, and many of them find that the overall costs are less than what is quoted by other attorneys after the “free initial consultation.”

Who is involved in the initial consultation?
In order to establish the attorney-client relationship, Attorney Barreira meets alone with the client to discuss the client’s wishes regarding health care and assets. The client is the person whose assets and health care are being discussed, except when there is proof that the person is mentally incapacitated. Meeting alone with the client is especially important to establish attorney-client privilege and avoid later claims of undue influence that could stem from additional people attending the meetings.

(For an example of what can go wrong when the lawyer does not meet alone with the client, see Massachusetts Case of Contested Will of Alice R. Sharis Shows Why Estate Planning Attorneys Need to Meet Alone with Their Clients.)

What is typically discussed at an initial conference?
The topics discussed at an initial conference vary depending on the purpose of the meeting and your own personal situation. Listed below are some typical subjects covered.

Estate planning for parents of minor children
Issues that are typically covered are:
• how to plan for your financial and health care decisions in the event of your incapacity.
• whether avoiding probate is feasible.
• whether all your insurance coverages are sufficient.
• how to protect assets from creditors.
• how to eliminate, minimize or pay for the federal and Massachusetts estate taxes due nine months after death, especially considering that life insurance proceeds can be subject to estate tax.
• deciding who will be the Trustee in charge of making financial decisions for the minor child or children.
• determining who will be the Guardian in charge of making personal and health care decisions for the minor child or children.
• where might your minor child or children live if you were to die, and how will those expenses be paid.
• how your retirement plans can be protected for the future of your minor child yet not be subjected to unnecessary early taxation.
• how to handle large differences in age, financial needs and abilities among children.

Estate planning for parents of adult children
Issues that are typically covered are:
• how to plan for your financial and health care decisions in the event of incapacity.
• how to minimize or pay for the federal and Massachusetts estate taxes due nine months after death.
• whether all your insurance coverages are sufficient.
• how to protect assets from creditors.
• whether you should look into applying for long term care insurance.
• how to handle large retirement plans or IRAs.
• how large gifts are treated for gift tax and Medicaid or MassHealth purposes.

Estate planning issues specific to blended families
• how to protect the surviving spouse while minimizing or eliminating the possibility that the children from the first spouse to die will be disinherited by the surviving spouse.
• whether a postnuptial agreement or estate planning agreement should be executed.

Business succession planning
Business succession planning is a part of the estate planning process, so it should not be dealt with in isolation. The issues typically discussed include:
• allocating business and non-business interests in your overall estate plan.
• how to protect the interests of all beneficiaries with an effective buy-sell agreement.
• consideration of how the buy-sell payments could and would be made, including whether life insurance or disability insurance should be purchased, and how long the purchaser should be given to finish purchasing your business interests.

MassHealth applications and nursing home issues
We typically cover:
• how the discharge process works at hospitals and rehabilitation centers.
• when Medicare or health insurance ends and private pay or MassHealth begins.
• when the right time to apply for MassHealth is.
• whether there are exceptions in the MassHealth or Medicaid laws that allow protective transfers of assets even at the last minute.
• what to do if there have been disqualifying transfers or usage of funds that could be treated as disqualifying transfers.
• whether some assets should be moved to a pooled trust account for the nursing home resident’s long-term benefit.
• what type of care to expect from the nursing home.
• what to do if the nursing home does not seem to be handling the care appropriately.

For more information about the complexity of applying for MassHealth, see 32 Things You Should Know When Applying for MassHealth to Cover Nursing Home Care in Massachusetts.

How to stay at home or in assisted living to avoid nursing home placement
Issues that are typically covered are:
• planning for who will make financial and health care decisions.
• getting a qualified geriatric care manager to oversee the overall care plan.
• whether governmental programs such as MassHealth, GAFC or VA Aid & Attendance can help pay for appropriate care.
• how family members can get paid for their services.

Persons who are somewhat competent but being taken advantage of financially
We typically discuss:
• whether a limited Conservatorship may be needed, or whether a durable power of attorney or trust avoids most or all the need.
• whether a financial abuse report should be filed with the appropriate state agency.
• whether practical or legal steps need to be taken to retrieve assets.

When a guardian or conservator is needed for an incapacitated or nearly incapacitated person
The issues typically discussed are:
• what steps can be taken to minimize or eliminate the need for Probate Court proceedings, including locating joint accounts, powers of attorney and health care proxies.
• what are the duties of a health care agent under a health care proxy or agent or attorney-in-fact under a durable power of attorney.
• how the petitioning process works for Guardianship and Conservatorship, how long they take, and whether immediate authority is needed.
• what types of medical attention is not allowed under a normal Guardianship, and what steps need to be taken to receive such authority.
• how detailed the inventory, financial plan and accountings need to be for Conservatorship.
• how to handle the incapacitated person’s home, tangible personal property, finances and income tax issues.
• whether practical or legal steps need to be taken to retrieve assets.

Special needs trust planning
• Disabilities come in all shapes and sizes, so a special needs trust must be established and administered to handle the particular disabilities of the beneficiary. Many people don’t know the difference between SSI and SSDI, or how governmental housing and health care programs work. Therefore, we discuss what governmental benefits are in the picture now, what governmental benefits could be needed later, and what rights MassHealth may have as a creditor of the disabled person’s estate; based on these issues, a determination can be made whether the trust should be drafted tightly or loosely, and who the Trustee should be.

Your duties as the person in charge of the estate of a deceased person
Issues typically covered are:
• what steps need to be taken for the Personal Representative (formerly known as Executor) of an estate to be officially in charge, and once they in charge what are their fiduciary duties.
• how creditors of an estate should be handled.
• what rights MassHealth has as a creditor of an estate.
• what type of information should be given to beneficiaries of an estate to prevent friction.
• how to handle a disgruntled heir or obnoxious creditor.
• what immediate steps should be taken to protect a decedent’s tangible personal property.
• what details need to be included in an inventory or accounting of the Personal Representative.
• what steps are needed to gather assets.
• how the income taxation of an estate differs from personal income taxation.
• when an estate is subject to filing a federal or Massachusetts estate tax return.
• shortcuts that can be taken to minimize court costs and legal fees in cases where all the beneficiaries of an estate get along.

Your duties as the person in charge of the trust of a deceased person
• what steps need to be taken for the Trustee of a trust to be officially in charge, and once they are in charge what are their fiduciary duties.
• what rights MassHealth has as a creditor of a trust.
• what type of information should be given to beneficiaries of a trust to prevent friction.
• what details need to be included in an inventory or accounting of the Trustee.
• how the income taxation of a trust differs from personal income taxation.
• when a trust is subject to filing a federal or Massachusetts estate tax return.
• shortcuts that can be taken to minimize court costs and legal fees in cases where all the beneficiaries of a trust get along.

Your rights as a person inheriting from an estate or trust

We typically cover:
• the duties of the personal representative (formerly known as executor) or trustee.
• whether the appointed person is charge has a conflict-of-interest in serving.
• your rights to an inventory and annual accountings.

• Sometimes, the person in charge (guardian, conservator, trustee, health care agent, attorney-in-fact or agent under a durable power of attorney, or personal representative — formerly known as executor) is not doing the job correctly, and immediate action needs to be taken to prevent further harm from occurring. Other times, the person is charge is doing a good job but just not doing a good job communicating what is happening. Therefore, we discuss what is happening from your point of view and determine whether you really need a great deal of legal representation.

 

Please use the Contact Form below or call the office of Brian E. Barreira at 508-747-8282 to schedule a personal appointment and, if travel is a problem for you, he can conduct a Zoom meeting with you.