Skip to main content
Brian E Barreira

Brian E Barreira

Practice areas:

Elder Law, Estate Planning, Guardianship, Trusts, Probate, Tax, Wills & Living Wills, Power Of Attorney

Share your experience to help future clients.

Review Brian Barreira

About Me

Since 1996, the law office of Brian E. Barreira has provided legal services to individuals, married couples, senior citizens, business owners, disabled persons and their families in the areas of estate planning, long-term care planning (including Medicare, Medicaid and MassHealth), governmental benefits planning (including SSI), estate and gift tax matters and Probate Court issues (including estates, trusts, guardianships and conservatorships). Brian is dedicated to providing the highest level of legal expertise to clients while attempting to keep matters as simple as possible to hold clients’ overall costs down.


 


Brian received his law degree from Boston University School of Law in 1984. Later, while practicing law, he enrolled part-time in the Graduate Tax Program at Boston University School of Law, where he attained a Master of Laws in Taxation in 1990.


 


An early leader in the development of elder law as a specialty, Brian served for 6 years as the first Chair of the Elder Law Committee of the American Bar Association’s General Practice Section. He has also served as President, Treasurer and Director of the Massachusetts Chapter of the National Academy of Elder Attorneys, and as Chair of the Committee on Long-Term Health Care Issues of the American Bar Association’s Real Property, Probate & Trust Law Section. 


 


Rated AV by Martindale-Hubbell, Brian is listed in the Martindale-Hubbell Bar Registry of Preeminent Lawyers in the fields of "Elder Law" and "Trusts & Estates, Wills & Probate." He was selected as a Massachusetts SuperLawyer in 2009.



Among Brian’s diverse experiences, he has served as a background source on elder financial abuse reports for the Boston Globe Spotlight Team and 60 Minutes; as an undercover informant for the Massachusetts Attorney General’s Office in shutting down an organization that was fraudulently selling trusts to senior citizens; and as an expert witness in a recent case opposing the fees of two Massachusetts lawyers who attempted to charge over $500,000 for an 83-day temporary guardianship.

Brian has been published nationally numerous times in such legal journals as Estate Planning, Probate & Property, NAELA Quarterly and The Practical Lawyer, and in Massachusetts for several Massachusetts Continuing Legal Education and Massachusetts Bar Association publications on the topics of estate planning, probate, estate and gift taxation, Medicaid and elder law. Brian has recently been updating several of those articles and has been posting them at his blog, http://elderlaw.info.

Brian has spoken nationally at American Bar Association Annual Meetings in Orlando, Florida and San Francisco, California, at Elder Law Symposia in San Diego, California, Orlando, Florida, Atlanta, Georgia and New York City, New York, at Elder Law Institutes in Colorado Springs, Colorado and St. Louis, Missouri, and at the Advanced Estate Planning Institute of the American Institute of Certified Public Accountants in Coronado, California. In Massachusetts, Brian has spoken for the Massachusetts Bar Association’s Probate Law Section, the Massachusetts Chapter of the National Academy of Elder Law Attorneys, the Advanced Legal Studies Program of Suffolk Law School, the Cape Cod Estate Planning Council, the Bristol County Estate Planning Council, the Plymouth County Bar Association, the Plymouth District Bar Association and Massachusetts Continuing Legal Education.

Prior to opening his own law office in 1996, Brian worked for 11+ years settling complex estates at State Street Bank and Trust Company in Boston, Massachusetts and practicing estate planning, probate and elder law for law firms in Boston and Plymouth, Massachusetts.

Brian continues to speak to numerous professional and civic groups about all aspects of estate planning, probate and elder law, and is available to groups seeking speakers or information about these topics.


 



online at

Super Lawyers

More 

Practice Areas

Licensed since 1985

  1. Elder Law: 50%
    30 years, 2.5 thousand cases
  2. Estate Planning: 25%
    30 years, 1.5 thousand cases
  3. Trusts: 10%
    30 years, 1.5 thousand cases
  4. Guardianship: 10%
    30 years, 250 cases
  5. Other: 5%
  6. More 

Payment

Fees:

Hourly ($280-320/hour)

Payment Types:

Cash, Check

Attorney Endorsements

4 total 

  • Christian K. Lassen II

    Top-notch attorney. Highly respected in the legal community.

    More 

    Christian Lassen Personal Injury Attorney
    Relationship: Fellow lawyer in community

  • James M Lynch

    I endorse and have personally recommended clients to Attorney Barreira. As you can see from his posts, Brian's thoughtful answers to Avvo legal questions demonstrate not only a superior grasp of the law but also an outstanding level of client commitment. He is highly regarded by the courts and by his peers in the legal profession and is an outstanding lawyer.

    More 

    James Lynch Personal Injury Attorney
    Relationship: Fellow lawyer in community

Contact Info

Attorney Brian E. Barreira

118 Long Pond Road
Suite 206
Plymouth, MA, 02360

175 Derby Street
Unit 19
Hingham, MA, 02043-4051


Hanover, MA

More 

Resume

License

StateStatusAcquiredUpdated
MAActive198504/17/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers

Awards

Award NameGrantorDate Granted
Massachusetts Super Lawyersuperlawyers.com2013
Massachusetts Super Lawyersuperlawyers.com2012
Certified Elder Law AttorneyNational Elder Law Foundation, a private org. whose standards for certification are not regulated by the Comm. of Mass.2011
Massachusetts Super Lawyersuperlawyers.com2011
National Certified GuardianCenter for Guardianship Certification, a private org. whose standards for certification are not regulated by the Comm. of Mass.2010
Massachusetts Super Lawyersuperlawyers.com2010
Massachusetts Super Lawyersuperlawyers.com2009
National Certified GuardianCenter for Guardianship Certification, a private org. whose standards for certification are not regulated by the Comm. of Mass.2008
Outstanding Chapter MemberMassachusetts Chapter of National Academy of Elder Law Attorneys2002
Outstanding Chapter MemberMassachusetts Chapter of National Academy of Elder Law Attorneys2000
Certified Elder Law AttorneyNational Elder Law Foundation, a private org. whose standards for certification are not regulated by the Comm. of Mass.1996

Work Experience

TitleCompany NameDuration
AttorneyLaw Offices of Brian E. Barreira1996 - Present
AttorneyWinokur, Winokur, Serkey & Rosenberg, P.C.1988 - 1996
AttorneyBarron & Stadfeld, P.C.1987 - 1988
Senior Estate SpecialistState Street Bank and Trust Company1985 - 1987

Associations

Association NamePosition NameDuration
Massachusetts Bar Association, Probate Law SectionCouncil Member1995 - 1997
National Academy of Elder Law Attorneys (Massachusetts chapter)President1994 - 1994
American Bar Association, Real Property, Trust and Estate Law Section, Long Term Care, Medicaid, and Special Needs Trusts CommitteeChair1992 - 1995
National Academy of Elder Law Attorneys (Massachusetts chapter)Member1991 - Present
American Bar Association, General Practice, Solo and Small Firm Division, Elder Law CommitteeChair1990 - 1995
National Academy of Elder Law AttorneysMember1990 - Present
American Bar Association, Real Property, Trust and Estate Law SectionMember1988 - Present
Plymouth County Bar AssociationMember1988 - Present
Massachusetts Bar Association, Probate Law SectionMember1987 - Present

Legal Cases

Case NameOutcome
Studley v. BullenSettlement
Temporary Guardianship of Kenneth SimonJudgment against Temporary Guardian

See all Legal Cases 

Publications

Publication NameTitleDate
elderlaw.infoIs a Deferred Annuity Helpful from a Medicaid or MassHealth Standpoint?2013
elderlaw.infoProtecting Assets and Maximum Income for the Community Spouse When Applying for MassHealth in 2013 to Help Pay for the Unhealthy Spouse’s Nursing Home Bills in Massachusetts2013
elderlaw.infoIs It a Good Idea for an Elderly Person to Purchase a Deferred Annuity?2013
elderlaw.infoShould You Ever Buy an Immediate Annuity at a Bank?2013
elderlaw.infoShould You Buy a Deferred Annuity at a Bank?2013
Massachusetts Continuing Legal Education, Inc. ("MCLE")Tax Considerations Regarding Trusts, Estate Planning for the Aging or Incapacitated Client in Massachusetts2012
elderlaw.infoShould a MassHealth Applicant Accept Help from the Nursing Home’s Lawyer to Appeal a MassHealth Denial?2012
elderlaw.infoCan the Surviving Spouse Roll Over an IRA Payable to the Deceased Spouse’s Estate?2012
elderlaw.infoIncome Tax Planning for the Terminally Ill or Recently Deceased Person2012
elderlaw.infoShould You Place Restrictions on the Organ Donation Process (in Case Pain Can Still Be Felt)?2012
elderlaw.infoWhy Is It Important that a Massachusetts Power of Attorney Be “Durable” and Detailed?2012
elderlaw.infoWhat Can Happen If You Become Mentally Incapacitated in Massachusetts But Have Not Executed a Durable Power of Attorney?2012
elderlaw.infoCan the Agent under a Durable Power of Attorney Hire a New Lawyer?2012
elderlaw.infoSupreme Judicial Court Rules That Trusts Were Ineligible for Homestead Protection Under Pre-March 25, 2011 Massachusetts Law2012
elderlaw.infoLife Estate Can Be “Retained” for Estate Tax Purposes under Internal Revenue Code Section 2036 without Being Reserved in Deed2011
elderlaw.infoUsing Reserved Special Powers of Appointment in Medicaid Planning2011
elderlaw.infoHow Does the Massachusetts Medicaid Program Treat a Sale of a Life Estate?2011
elderlaw.infoNew Massachusetts Law Allows Trusts to Be Established to Take Care of Pets2011
elderlaw.infoDoherty Case Should Cause Some Concern about Irrevocable Medicaid Trusts in Massachusetts2010
elderlaw.infoCharitable Remainder Trust Allows Sale of Appreciated Assets Without Immediate Capital Gains Tax2010
elderlaw.infoWhat Is the Adjusted Basis of Common Stock Received from Demutualized Life Insurance Companies?2010
elderlaw.infoShould Retired Persons Consider Converting Their IRAs to Roth IRAs?2010
elderlaw.infoProblems with Outright Gifts in the Medicaid Planning Context2010
elderlaw.infoA Primer for Elder Law Attorneys on Avoiding the Inadvertent Creation of General Powers of Appointment in Durable Powers of Attorney and Trusts2010
elderlaw.infoWhen Is a Special Needs Trust Considered a Qualified Disability Trust for Federal Income Tax Purposes?2010
elderlaw.infoTraps for the Unwary Regarding the Modified Carryover Basis Rules for 2010 Deaths2010
elderlaw.infoMassachusetts Supreme Judicial Court Rules Favorably on Validity of Postnuptial Agreements2010
elderlaw.infoAre You Personally Responsible for Your Spouse’s Nursing Home Bills in Massachusetts?2010
elderlaw.infoIs Your Massachusetts Durable Power of Attorney Still Valid?2010
elderlaw.infoIn Medicaid Planning, Some Trusts Can Put Elderly Persons in a Worse Position Than If They Had Taken No Action At All2010
elderlaw.infoMassachusetts Probate Court Judge Orders 2 Lawyers to Pay $328,770.97 Back to Estate2010
elderlaw.infoCaregiver Authorization Affidavit Allows Appointment of Temporary Decision Maker for Minor Child2010
elderlaw.infoJointly-Held Assets in Massachusetts: The Good, the Bad and the Ugly2010
elderlaw.infoExecutors of 2010 Estates Now Have Choice of Two Different Tax Laws, and Obtaining a Step-up in Basis is Much Easier2010
elderlaw.infoA Question for Practicing Lawyers: Could It Be Legal Malpractice to Ignore Long-Term Care Insurance?2010
Estate Planning journalProper Medicaid Planning Can Keep the Home in the Family2001
National Academy of Elder Law Attorneys (NAELA)An Analysis of Various Types of Transfers of the Home: Tax and Medicaid Issues2001
Massachusetts Bar AssociationTax and Health Care Planning for the Terminally Ill Client2000
National Academy of Elder Law Attorneys (NAELA)Gifting Powers and Other Drafting Concerns with Powers of Attorney2000
National Academy of Elder Law Attorneys (NAELA)Tax, Trust and Health Care Planning for the Terminally Ill Client1999
National Academy of Elder Law Attorneys (NAELA)Tax Traps for the Unwary1998
Estate Planning magazineUsing a Charitable Remainder Annuity Trust to Pay for Long-Term Care Insurance1997
Massachusetts Continuing Legal Education, Inc. ("MCLE")Estate Planning for the Disabled Beneficiary1996
Massachusetts Bar AssociationEstate Planning for Incapacitated Persons in the Probate Court1996
Massachusetts Lawyers WeeklyAn Overview of Estate Planning on Behalf of Incompetent Persons1995
National Academy of Elder Law Attorneys (NAELA)Basic Tax Planning for the Principal Residence1995
National Academy of Elder Law Attorneys (NAELA)Using Testamentary Trusts in Medicaid and Tax Planning1995
Massachusetts Continuing Legal Education, Inc. ("MCLE")Preserving and Transferring the Principal Residence1994
National Academy of Elder Law Attorneys (NAELA)Trust & Tax Issues in Transferring Principal Residence1993
National Academy of Elder Law Attorneys (NAELA)Using Special Powers of Appointment in Medicaid Planning1992
American Bar Association publicationUsing Long-Term Care Insurance to Cover the Medicaid Disqualification Period1992
National Academy of Elder Law Attorneys (NAELA)Combining Long-Term Care Insurance with an Immediate Annuity1992
American Bar Association publicationYour Client's Right to Say No: A Nursing Home Is Not Inevitable, Especially If the Goal Is Home Health Care1992
Estate Planning magazineMedicaid Trusts: Resolving the Income Tax Issues1991
National Academy of Elder Law Attorneys (NAELA)Structuring Intrafamily Sales Requires Attention to Federal Tax Consequences1991
American Bar Association publicationDespite Medicaid Transfer Restrictions, Late Transfers Can Save the Home1991
National Academy of Elder Law Attorneys (NAELA)Federal Taxation of Gifts and Trusts in the Elder Law Context1991
Probate and Property Journal (ABA)Using Special Powers in Medicaid Trusts1990
Practical LawyerCounseling the Client on the Community Spouse Resource Allowance1990
Estate Planning magazineDespite Medicaid Transfer Restrictions, the Home May Still Be Kept in the Family1990
National Academy of Elder Law Attorneys (NAELA)The Use of Trusts in the Elder Law Practice1990
Estate Planning magazineAn Irrevocable Grantor Trust Can Assure Eligibility for Medicaid1989

Education

School NameMajorDegreeGraduated
Boston University School of LawN/ALL.M. (Masters) in Taxation1990
Boston University School of LawLawJD - Juris Doctor1984
Boston CollegeOperations ManagementBS - Bachelor of Science1980

Speaking Engagements

Conference NameTitleDate
Elder Law InstituteAn Analysis of Various Types of Transfers of the Home: Tax and Medicaid Issues2001
Elder Law InstituteGifting Powers and Other Drafting Concerns with Powers of Attorney2000
Plymouth County Bar Association Annual MeetingCurrent Issues in Guardianship1998
Elder Law SymposiumBasic Tax Planning for the Principal Residence1995
Elder Law SymposiumFederal Taxation of Gifts and Trusts in the Elder Law Context1991
Annual Advanced Estate Planning ConferenceElder Care Planning1991
Elder Law SymposiumThe Use of Trusts in the Elder Law Practice1990