Winstead Law

11/01/2017

If you have lived with New England winters your entire life, and if you are lucky enough to have the financial freedom to consider becoming a ‘snowbird’, relocating to a warmer clime may seem like a no-brainer. In fact, as many as one-third of soon-to-be retired folks indicate that they cons

09/12/2017

Oftentimes, in lieu of having a lawyer prepare a full estate plan, parents may consider simply deeding their home to their children. There are numerous reasons why a person may believe this is a safe approach: it’s easy; it saves in the short term on legal costs; it avoids the probate proces

08/03/2017

https://www.winsteadlaw.info/new-blog/2017/8/3/who-is-responsible-for-my-deceased-family-members-debts

I am frequently asked by individuals whose loved one has passed away, whether the heirs will be responsible for paying the debts if the deceased’s estate does not have the means to pay them.  There is a prevailing myth that creditors may seek payment from the people left behind.  However, co

07/06/2017

https://www.winsteadlaw.info/new-blog/2017/7/6/dont-just-buy-the-box-put-something-in-it-the-interplay-of-estate-and-financial-planning

Estate planning attorneys will freely admit that while having a well thought out estate plan is essential if you hope for your heirs to avoid unnecessary expense, a financial planner is equally important in making sure that your financial future remains secure for a long retirement.  After a

06/12/2017

https://www.winsteadlaw.info/new-blog/2017/6/12/how-will-i-pay-for-a-nursing-home

If you or a loved-one is in need of nursing home care, it can be overwhelming for all involved and it is not uncommon to feel confused and lost in the process.  Both the nursing facility resident and family members will be struggling with the emotional strain of the decision and scrambling t

05/16/2017

https://www.winsteadlaw.info/new-blog/2017/5/16/omg-text-message-forms-binding-real-estate-contract

You may be familiar with the fact that, when it comes to real estate, if it isn’t in writing, it isn’t enforceable.  This was pretty simple not so long ago: if you didn’t have a paper that was signed in ink, you had no real estate contract.  But how does the law account for all the new ways th

05/08/2017

https://www.winsteadlaw.info/new-blog/2017/5/8/what-will-happen-to-your-pets-if-something-happens-to-you

When you prepare an estate plan, you are thinking about how you will remember and care for the loved ones you leave behind.  For most pet owners, our animals are members of the family, and we would want do whatever we can to keep them happy and comfortable after we are gone.  But the law vie

04/25/2017

https://www.winsteadlaw.info/new-blog/2017/4/25/own-a-house-want-to-keep-it-how-you-hold-title-can-have-real-world-consequences

Imagine a scenario, not too far-fetched, wherein a couple purchases their new home intending to live happily ever after.  Unfortunately, one partner comes to the relationship saddled with debts or is hit with a lawsuit judgment.  What happens with the new home if those debts aren't paid, and

04/12/2017

https://www.winsteadlaw.info/new-blog/2017/4/12/when-it-comes-to-guardianship-there-are-better-alternatives-but-only-if-you-plan-ahead

All too often, I am asked about establishing a Guardianship or Conservatorship for an older or incapacitated person who has declined to the point that they are no longer capable of making decisions for themselves.  Massachusetts provides a mechanism for a qualified person to be appointed to

03/28/2017

https://www.winsteadlaw.info/new-blog/2017/3/28/pay-for-mom-and-dads-nursing-home-care-or-go-to-jail-really-sort-of

Parents are obligated under the law to care for their children until they reach age 18.  This makes sense to most of us, and few would question it.  But most of us are blissfully unaware that the reverse can be true as well.  Pursuant to Massachusetts General Laws chapter 273, section 20, any

03/20/2017

https://www.winsteadlaw.info/new-blog/2017/3/20/estate-planning-basics-what-is-the-difference-between-a-will-and-a-trust

Many people, when they hear about preparing Wills and Trusts for estate planning purposes, assume that they are the same thing, or at least very closely related.  While both, when done right, aim to achieve a basic common goal of directing to whom and how your assets will go, they operate in

03/08/2017

https://www.winsteadlaw.info/new-blog/2017/3/8/im-considering-buying-a-house-do-i-really-need-my-own-lawyer-1

First of all, congratulations!  Owning your own home is an extremely gratifying experience.  It is also likely to be the single largest investment you ever make, and the legal pitfalls should something go wrong are numerous and potentially expensive.  The answer to this question then is that