Stephen T. DiGregorio’s Answers

Stephen T. DiGregorio

Lynnfield Estate Planning Attorney.

Contributor Level 2
  1. Do we need a probate lawyer or can we research on our own?

    Answered almost 3 years ago.

    1. Thomas J Callahan
    2. Steven J. Fromm
    3. Stephen T. DiGregorio
    3 lawyer answers

    Dear LKM, First, let me extend my condolences for the loss of your father, notwithstanding your estrangement. If he died without a will there would be nothing to contest. The probate court would look at the statute to determine the heirs at law, which may include you and any siblings. The court would have to appoint a personal representative to administer your father's estate. His wife may petition the court to be appointed as such. She would have to notify you and your siblings so you...

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  2. Is a person in a MA nursing home and on Medicaid allowed to gift any portion of a $40000 inheritance she is about to receive?

    Answered about 2 years ago.

    1. Brian C. Snell
    2. E. Alexandra Golden
    3. Christian K. Lassen II
    4. Kenneth Lee LaBore
    5. Denise Leydon Harvey
    6. ···
    6 lawyer answers

    The spending down of her $40,000 inheritance would imply that she would have to come off MassHealth for a period of time while paying privately, then reapplying for MassHealth. There is no portion she would be able to gift without incurring a penalty, except for possibly a spouse living in the community. One possible strategy would be for her to disclaim the inheritance. That way, if the inheritance never reaches her, it cannot become a countable asset and she cannot be kicked off...

    2 lawyers agreed with this answer