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E. Alexandra Golden

E. Golden’s Legal Cases

8 total

  • In re Sam Smith

    Practice Area:
    Guardianship
    Outcome:
    Special needs trust, Medicaid application
    Description:
    Our office represented the sister of the ward, who had suffered catastrophic injuries in a car accident and was confined to a nursing home. We prepared a special needs trust and obtained court approval to transfer the ward's assets into that trust, then obtained Medicaid coverage for the ward once his health insurance ran out. We also worked with the personal injury attorney to ensure that any settlement could be paid into that trust and thus preserve the ward's future rights to benefits. Our efforts allowed the guardian to preserve the ward's funds so that she will be able to buy goods and services not covered by Medicaid and Medicare, ensuring that he lives as comfortable a life as he can given his circumstances.
  • Mr. and Mrs. Daniels

    Practice Area:
    Elder Law
    Outcome:
    Planned for Medicaid, preserved $400,000 for wife
    Description:
    Mr. Daniels is an elderly gentleman with Alzheimers. We helped his wife locate a geriatric care manager to arrange for care in the community and eventually, help place him in a nursing home. We prepared Mrs. Daniels' estate plan, which includes a supplemental needs trust inside her will that will allow her to preserve assets for her husband's use if she dies first, without disqualifying him from Medicaid. We arranged for a Medicaid-qualifying annuity, which will allow Mrs. Daniels to preserve approximately $300,000 in assets for her future use while keeping the maximum amount of assets allowed by the law free for current use. We are now helping her to apply for Medicaid for her husband.
  • Estate of Mary Casey

    Practice Area:
    Probate
    Outcome:
    Successfully settled a $1.3M estate
    Description:
    Our office helped Sam Casey, Mary's sole remaining sibling and the last of the 10 Casey siblings. She died without a will, so that the estate had 17 heirs, including many nieces, nephews and great-nieces and nephews who had no relationship with her. Mary lived in the run-down family home in a suburb north of Boston. The home turned out to have been located in an area which had been rezoned for development. As a result, the value of the house turned out to be the land. Our office brought in an experienced commercial real estate attorney, who helped us sell the property for almost $1.4 million, without a real estate agent's commission that would have cost the estate 5% of the sale price. We also coordinated preparation of the Massachusetts estate tax return and the state and federal fiduciary income tax returns. We also helped Sam deal with some very difficult family members who could not accept that the cut-glass glasswear wasn't fancy crystal or that there wasn't money hidden away. We encouraged Sam to keep focused and opened up the books, and challenged anyone who didn't believe us to take us to court -- and let them know that if they did, not only would Sam win, but I would ask the court to find that they acted in bad faith and demand attorney's fees. They were ultimately scared off and did not challenge the final account. Administration of her estate would have been much easier if she had a will which would have stated whom she would have wanted to inherit her assets -- I strongly suspect that she would have wanted the bulk of the estate to have gone to her brother.
  • Estate of RS

    Practice Area:
    Estate Planning
    Date:
    Nov 10, 2010
    Outcome:
    Avoided probate
    Description:
    Prepared last-minute estate plan for dying 76 year old man, setting up estate to keep house out of probate and in wife's control
  • Guardianship of M.M.

    Practice Area:
    Guardianship
    Date:
    Oct 14, 2010
    Outcome:
    Court ordered issued approving medication plan
    Description:
    Represented parents of developmentally disabled woman concerning court approval of use of anti-psychotic medication.
  • Conservatorship of BS

    Practice Area:
    Guardianship
    Outcome:
    Ongoing work as conservator, helped preserve trust assets
    Description:
    Court appointed conservator for developmentally elder. Discovered that trustee of trust established by her father for her and another disabled sibling had misappropriated $400,000. Successfully pursued lawsuit to remove trustee and had court reform trust to make it work better for the beneficiaries.
  • Mr. and Mrs. W

    Practice Area:
    Estate Planning
    Date:
    Apr 07, 2011
    Outcome:
    Estate planning documents signed
    Description:
    Created estate plan for couple. The wife was unable to speak or write due to a medical condition, but was able to communicate in response to questions. These communications occurred before witnesses who knew her with her permission. She was able to legally sign her documents, thus being sure that her assets will go to her husband.
  • Conservatorship of DI

    Practice Area:
    Elder Law
    Date:
    Jun 23, 2011
    Outcome:
    Title in house transferred to community spouse.
    Description:
    Mr. I did not have a valid durable power of attorney when he was institutionalized due to early-onset Alzheimer's Disease. As a result, his assets were at risk of attachment by MassHealth. I brought a Petition for Expansion of a Conservator's Powers in the Probate Court asking for permission for the wife/conservator to transfer Mr. I's interest in the marital home to her. This will allow her to preserve all the equity for herself and her children when the house is sold.