E. Alexandra Golden’s Answers

E. Alexandra Golden

Needham Elder Law Attorney.

Contributor Level 19
  1. My Divorce Agreement also states that we must exchange tax returns every year

    Answered over 2 years ago.

    1. Howard M Lewis
    2. E. Alexandra Golden
    3. David Alexander Browde
    3 lawyer answers

    Attorney Lewis is correct. However, you should know that getting an actual photocopy of a tax return from the IRS takes much longer than getting a tax transcript. There are plenty of family law attorneys with offices in Wellesley, Needham, Dedham and Westwood who are more than capable of assisting you.

    19 lawyers agreed with this answer

  2. Can my uncle sell me his house for a small amount in massachusetts?

    Answered over 1 year ago.

    1. E. Alexandra Golden
    2. Chris Matthew Limberopoulos
    3. Kenneth Lee LaBore
    4. Jennifer A Deland
    5. Christopher W. Vaughn-Martel
    5 lawyer answers

    A transaction for a small amount of money would be considered a gift of the current value of the property less the amount of money which actually changes hands, and therefore a disqualifying transfer by MassHealth if your uncle should need the state to pay for the cost of long-term care. Under current law, your uncle would face losing one day of benefits for every $279 in value transferred if he were to apply for benefits within five years of the time that the transfer is made. Your uncle...

    18 lawyers agreed with this answer

  3. Elder Law/My parents asssets/nursing home

    Answered about 1 year ago.

    1. E. Alexandra Golden
    2. Emma A. Kremer
    3. Scott D Rosenberg
    4. Kelly Scott Davis
    5. Joseph L. Morana
    5 lawyer answers

    There are some limited ways of protecting some of the assets. First, as long as your mother is living in the home, it is not a countable asset. She is also allowed to keep $115,920 as her community spouse resource allowance (CSRA). The remaining funds in excess of the CSRA may also be partly protected, but it has to be done in the right way. Your mother needs to see an elder law attorney ASAP for a thorough review of her assets and whether the legal documents which they may have in place...

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  4. My dad made a will and it could be forged. Also, he made it so I am not supposed to inherit anything

    Answered over 1 year ago.

    1. E. Alexandra Golden
    2. James P. Frederick
    3. Emma A. Kremer
    4. Henry Lebensbaum
    4 lawyer answers

    I agree with Attorney Frederick here. Will contests are never easy and they are not inexpensive. You will need to have compelling evidence showing that at least one of the factors he described existed. Further, you did not say if you filed objections to the admission of the Will to probate. You should have received a Citation after the Will and the Petition for Probate was filed. The Citation states that the Petition for Probate was filed, the location of the courthouse where the Petition...

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  5. Aunt is competent, has 6 months to live. No husband / kids. Has big debts & owns home - can creditors pursue estate after death?

    Answered 12 months ago.

    1. E. Alexandra Golden
    2. Joseph Jonathan Brophy
    3. Joseph Michael Pankowski Jr
    4. Brian C. Snell
    4 lawyer answers

    I'm sorry for your aunt's sad situation. Under Massachusetts law, creditors have one year from the date of death to file suit against an estate for debts incurred during her lifetime. If a creditor does sue the estate and if your aunt has put her assets into an irrevocable trust or give them away, the creditor could argue -- likely successfully -- that she engaged in what's known as "fraudulent conveyance" and go after whoever received those assets to get them back. At this point, I...

    14 lawyers agreed with this answer

  6. 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 about 1 year 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

    I practice guardianship and elder law. Trust me.. in general, you do NOT want to file for guardianship if you don't have to. First, a doctor has to evaluate her for competency prior to your filing for guardianship of her person and conservatorship of her estate. If she is competent, then a guardianship cannot go forward. Second, in Massachusetts, guardians and conservators have ongoing reporting requirements to the court. The reporting requirements for conservators include filing annual...

    14 lawyers agreed with this answer

  7. If some one has a life estate and and has to be placed in a nursing home, must the property be sold to pay for the care.

    Answered over 1 year ago.

    1. Emily Towne McNeil
    2. Scott D Rosenberg
    3. E. Alexandra Golden
    4. Jefferson W. Boone
    5. Jennifer A Deland
    6. ···
    7 lawyer answers

    The simple answer is "no." The more complex answer, as Attorney Rosenberg indicates is "it depends." How long ago was the life estate created? Long enough ago that there's no disqualifying transfer? If your mother is not living in the house, how will the costs of upkeep and property taxes be paid? If the property needs to be sold, will that sale occur before or after she is receiving MassHealth benefits? As you can see, the answer to your question is going to be very fact-specific. I...

    14 lawyers agreed with this answer

  8. Do I need to hire a lawyer for my divorce contempt who is in the same county as the court

    Answered over 2 years ago.

    1. Howard M Lewis
    2. E. Alexandra Golden
    3. James M Lynch
    3 lawyer answers

    It's best to hire a lawyer who regularly practices in that court, because the lawyer will be familiar with the quirks of the judges and therefore able to have a good sense as to what a particular judge will do with a particular set of facts. However, that doesn't mean that the lawyer's office has to be in the county where the courthouse is located. For example, if you live in Brookline, you'll find that most of the local domestic relations attorneys regularly practice in Norfolk, Suffolk...

    14 lawyers agreed with this answer

  9. Are on line wills legal?

    Answered 7 months ago.

    1. Deborah Gwen Roher
    2. Steven Kelsey Hemingway
    3. Estela Matta
    4. E. Alexandra Golden
    5. Yvonne Marie Eckert Olivere
    6. ···
    10 lawyer answers

    Is it legal? Sure, as long as it's properly signed and identifies the decedent and makes a disposition of the assets to identified persons. Is it a good idea? That's another story. The problem with Legal Zoom and similar services is that the provisions of the will often don't fully reflect Massachusetts law and practice, raising the risk that your personal representative will need to spend time and money getting directions from the Probate court for what may be otherwise routine...

    13 lawyers agreed with this answer

  10. I need a will. Is it okay to use LegalZoom.com? Will the papers be accepted in court?

    Answered almost 2 years ago.

    1. Richard B. Kell
    2. E. Alexandra Golden
    3. James P. Frederick
    4. Steven J. Fromm
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    The September issue of Consumer Reports has an article on DYI legal services, like LegalZoom. Investigators prepared various types of documents, which were then reviewed by three law professors for accuracy, quality, and effectiveness. The upshot is -- for most situations, get a lawyer. Here's the thing -- you won't know if your will doesn't work because you'll be dead. At some point, every attorney who does a meaningful amount of work handling estate planning and probate will deal with...

    13 lawyers agreed with this answer