Massachusetts Estate Planning and Elder Law

A Significant Step - Owning Property with a Significant Other

Jennifer Sawday, an estate planning attorney in California, has a great post about the issues involved in owning property with a significant other. 

If you own property with the other person as "joint tenants", there is a right of survivorship. This means that when one of you dies, the other will automatically own the entire property. One owner cannot leave their share to someone else in their will.

On the other hand, if you own property with someone as "tenants in common", each person who owns a portion of the property can leave their portion to whomever they choose in their Will. If they have no Will their portion will be inherited by their next of kin - children, parents, or siblings.  This can lead to complicated situations, a Jennifer points out, because while you bought the house with your boyfriend or girlfriend, you could end up owning it with their parents or children.  Will they ask you to sell the house so they can receive cash for their share? Will they want to move in with you?!

Before you purchase property with a friend or significant other, be sure to consult with your attorney (you may even wish to each consult with your own attorney) to find out the ramifications of each type of property ownership, discuss the issues and possible solutions, and draft the appropriate documents to protect each of your interests now and in the future. 

Assisted Living and Continuing Care Retirement Communities - What's the Difference?

Seniors, and their families, who are researching housing options may see different terms describing the residences. Assisted Living Residences and Continuing Care Retirement Communities are two of these options. What do these terms mean, and how do you know which is right for you?

Assisted Living Residences
Assisted Living Residences (ALRs) provide a combination of rental housing, meals and personal care services to adults. ALRs are not designed for people with serious medical needs and are not licensed as nursing facilities. They are intended for people who may need assistance with dressing, bathing, meal preparation, and medication reminders (ALR staff cannot administer medication, but they can remind the resident to take their medication.

ALRs operating in Massachusetts must be certified by the Office of Elder Affairs and meet the requirements set forth in MGL ch 19D, and 651 CMR 12.00 et seq.  The Office of Elder Affairs provides a listing of ALRs in Massachusetts, as well as the certification requirements for assisted living service providers.

Continuing Care Retirement Communities
Continuing Care Retirement Communities (CCRCs) are a unique kind of senior housing option. In addition to the housing and personal care provided by ALRs, CCRCs also provide health care services as needed by the resident, allowing the person to "age in place" and not have to move if they require more services.

CCRCs can vary greatly in terms of...