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Questions Answered by Brian Barreira
1 Answer | Asked in Elder Law for Massachusetts on
Q: Would claiming my mom as a dependent in my taxes affect his MassHealth eligibility?

Mom is 80 years old and has no income. She lives with us and we pay for all her expenses except for her MassHealth insurance. Her insurance covers all her medical visits, exams, labs. We pay the co-payment for her medicines. My concern is if we claim her as a dependent in our taxes, that she will... Read more »

Brian Barreira
Brian Barreira answered on Apr 18, 2017

No, tax issues are unrelated to MassHealth issues. A child's income tax returns are not ever requested in a MassHealth application or redetermination.

2 Answers | Asked in Estate Planning for Massachusetts on
Q: My mom is elderly, my brother offered to have her live with his family. They decided to purchase a home together.

My problem is that the house they purchased is going to be used to sustain my sister-in-laws Home Health Care business. The whole process was kept secret from the 3 other siblings until after the purchase was completed. We also discovered that my sister-in-law had purchased a second Home Health... Read more »

Brian Barreira
Brian Barreira answered on Apr 18, 2017

Your question ("How do I go about doing this") is not a valid question, because you do not have the authority to change your mother's trust. She would have to be the one doing something, and if you're pushing her, it could get undone under the law of undue influence. She needs to hire an elder law... Read more »

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3 Answers | Asked in Probate for Massachusetts on
Q: My dad lived n owned property in nh but the last 3 yrs of his life he lived in mass which state probates his will
Brian Barreira
Brian Barreira answered on Apr 18, 2017

The state where probate proceedings should take place is not necessarily the state where someone died. Probate is done in the person's last domicile. Probate proceedings may also be needed in any state where real estate that was owned by the decedent is located.

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