Planning for Incapacity or Disability

My colleague, Hether Cahill, previously addressed the relationship between a guardianship and health care proxy and a conservatorship and durable power of attorney.  The purpose of this blog is to further explore the use of health care proxies and durable …

Special Needs Planning

Malley 9.3-01Navigating governmental entitlement programs in Massachusetts can be confusing and overwhelming.  In order to receive government assistance such as Medicaid (MassHealth) or Supplemental Security Income (SSI), income and asset limitations are imposed on a disabled individual.  So how can a …

We are kicking off the Fall with a two-month series focused on special needs planning, guardianships, and conservatorship issues.  We will explore special needs trusts and then dive into guardianships and conservatorships, including filing requirements for guardianships and conservatorships, who …

Resolving Cases During the Pandemic

Alternative dispute resolution (“ADR”) is a broad term to describe methods to resolve a case outside of the traditional courtroom, such as through mediation and arbitration.  Before the pandemic, cases often resolved through ADR; however, since the pandemic, there has …

Conducting Depositions During a Pandemic

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Depositions are a critical component of the discovery phase of most litigation, including probate litigation, for two reasons.  First, a lawyer never wants to ask a question at trial to which the lawyer does not already know the answer – …

Estate Administration During a Pandemic

Malley 8.6-01This month we will continue the discussion regarding our professional experiences during the COVID-19 pandemic.  In my previous post, I addressed how our attorneys have continued working with clients to prepare and execute estate plans.  While our attorneys have …

Opportunities in the Pandemic

Cahill 7.30-01During the past four months of living through COVID-19 and adjusting to social distancing changes in our lifestyle and litigation practices, we have been compelled to rethink how and where we practice law.  Opportunities have emerged in our litigation practices …