Joseph L. Morana’s Answers

Joseph L. Morana

Andover Estate Planning Attorney.

Contributor Level 6
  1. Grantee passed away Grantor has a life estate

    Answered about 1 year ago.

    1. Joseph L. Morana
    2. Michael J. Tobin
    3. Emma A. Kremer
    4. Dagmar Pollex
    5. Stephen J Spano
    5 lawyer answers

    I strongly suggest you speak with a probate attorney in person. I realize this is not the answer you want to hear, but you're dealing with many consequential factors (e.g. is dad on MassHealth? who is paying for the nursing home?). Another matter is your apparent belief that your father's life estate is worth that much; depending on his age it may not be worth that much. Further, if your brother owned the remainder of the house, then his intestate heirs would inherit that remainder. Good luck.

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  2. Need help with mother in laws savings prior to nursing home move

    Answered about 1 year ago.

    1. Joseph L. Morana
    2. E. Alexandra Golden
    3. Kelly Scott Davis
    4. Emma A. Kremer
    5. Paul R Tierney Jr
    5 lawyer answers

    At this point, it is probably too late to gift money to her children. You may want to consider, though, spending down her money now to save her family money later. Specifically, she can pre-pay her funeral costs now without any Medicaid/MassHealth penalty. Any funeral home will know how to proceed with establishing an irrevocable funeral trust. You would not need an attorney to do this. Also, she can open a savings account at any bank (called a burial/funeral savings account) with up to $1,500,...

    9 lawyers agreed with this answer

  3. Elder abuse???

    Answered about 1 year ago.

    1. Emma A. Kremer
    2. E. Alexandra Golden
    3. Joseph L. Morana
    4. Kelly Scott Davis
    5. Lawrence A Friedman
    6. ···
    7 lawyer answers

    I am sorry to hear you had no luck with the elder abuse hotline. Another possibility for relief is to contact the police; and if that does no good, I would go to your local district court and speak with the clerk. The conduct you are describing is essentially larceny; specifically it is called larceny by trick. This is when one (your stepson) steals another's (his grandparents) personal property (money) by fraud (here, by deceiving or "tricking" his grandparents; and his grandparents are acting...

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  4. My Mother is still competent, but has agreed to give me legal guardianship over her for her protection. How do I go about this?

    Answered 11 months ago.

    1. E. Alexandra Golden
    2. Michael L Rich
    3. Jennifer A Deland
    4. Charles Adam Shultz
    5. Joseph L. Morana
    6. ···
    6 lawyer answers

    Thank you for your question. I applaud you and your mother for thinking ahead. It is the right thing to do. To echo what the other attorneys have said, you should consult an estate planning attorney. I am in Melrose. I offer free consultations. The best time to get started with this kind of planning is now. Best of luck.

    6 lawyers agreed with this answer

  5. Can my sister have temporary guardianship of my son even though she has prior history with DCF?

    Answered about 1 year ago.

    1. Joseph L. Morana
    2. Joshua N Robbins
    3. Michael L Rich
    3 lawyer answers

    I am sorry to hear of your situation. I agree with Attorney Rich, but want to add my thoughts. First, you don't say what sister's involvement with DCF is; this is significant since DCF is most concerned about your son's best interests. If her involvement in any way reflects poorly on her ability to provide a stable and loving home, it would certainly raise a red flag. Next, you did not explain what "sometimes happened at the hospital." This, too, may be a red flag to DCF. Without knowing...

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  6. Can the State of MA require that gifted money be returned when an elder person receives MEDICAID ?

    Answered about 1 month ago.

    1. Joseph L. Morana
    2. E. Alexandra Golden
    3. Lawrence A Friedman
    4. Gregory John Barry
    4 lawyer answers

    Thank you for the question. MassHealth/Medicaid will surely try to get the money back; and most applicants not represented by a lawyer will not realize that this can be contested (the applicant may not prevail, but it can be contested---often will success in the right circumstances). There are many complicated strategies for protecting your mother's assets---even at this late stage, but you need to consult an attorney who handles these matters as a REGULAR part of his/her practice. Good luck.

    4 lawyers agreed with this answer

  7. How should my parents protect their assets as they age?

    Answered 5 months ago.

    1. Edward H Adamsky
    2. E. Alexandra Golden
    3. Joseph L. Morana
    4. Robert Deschene
    4 lawyer answers

    A Medicaid Asset Protection Trust is usually the best way to protect assets. You want to transfer assets into the trust as soon as possible because MassHealrh/Medicaid has a five-year look back period. Call me to discuss if this makes sense for your patents.

    4 lawyers agreed with this answer

  8. My mother passed away in March 2013. My sister shared ownership of a town home with her, both names are on the mortgage

    Answered about 1 year ago.

    1. Steven M Zelinger
    2. E. Alexandra Golden
    3. Elliot S Coren
    4. Adam S. Bernick
    5. Brian C. Snell
    6. ···
    7 lawyer answers

    Sorry to hear about your recent loss. Notwithstanding anything the other attorneys have written, I think you really need to sit down with a probate attorney.

    3 lawyers agreed with this answer

  9. Can we be sued by a caregiver hired through an agency? My husband suffers from dementia and gave a black eye to her.

    Answered about 1 year ago.

    1. Michael Leo Potter
    2. Joseph L. Morana
    3. Rosemary Jane Meagher-Leonard
    3 lawyer answers

    Your husband will almost certainly not be charged with a crime. But your husband could be sued for the tort of battery. At common law, a battery is an unpermitted harmful or offensive touching. When your husband punched Rose, he committed a battery (i.e. a battery tort, not necessarily a battery crime which is an altogether different thing). California may have enacted a statute that says differently, but at common law (which many states still follow) Incapacity (Intoxication; Infancy; Insanity;...

    4 lawyers agreed with this answer

  10. Guardian mis-conduct in Massachusetts

    Answered 4 months ago.

    1. E. Alexandra Golden
    2. Joseph L. Morana
    3. David L. Carrier
    3 lawyer answers

    As Atty. Golden correctly suggests, yours is a situation that cannot be answered online because there are too many moving parts. Elder law attorneys generally offer free consultations. In your case, I think you should proceed in that direction. You will likely get more direction and clarity in 30 minutes than you would by asking questions online. As a non-lawyer, you may be omitting important facts without realizing it. When you sit down with an attorney, however, he/she will know what is...

    2 lawyers agreed with this answer