Elder Law Services from Attorney Tom Marks

Incapacity Documents Critical in Massachusetts Estate Planning

An adult daughter cannot get her father admitted to a nursing home, even though he suffers from dementia and cannot care for himself. A parent cannot get information regarding medical treatment for her 19-year old son, who is awaiting surgery after an accident on his college campus. Doctors cannot terminate life support for a comatose mother, because her children cannot agree on whether to end or extend life support.

Buy-Sell Agreements Critical for Massachusetts Business Partners

As a Massachusetts small business lawyer, I have a love-hate relationship with the term “buy-sell agreement.”  The term is technically accurate, but also terribly misleading.  Yes, buy-sell agreements establish terms by which people can “buy” and “sell” ownership stakes in a company.  However, these agreements are meant to address a far broader scope of events – …

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Massachusetts and Rhode Island Life Estates Come At A Price

As a Rhode Island and Massachusetts estate planning attorney, I frequently work with clients interested in protecting their house from nursing homes and Medicaid. Since neither a Massachusetts Homestead exemption nor a Rhode Island homestead will help in this regard, a life estate is a popular method of achieving some measure of protection.

Your RI or Massachusetts Corporation May Not Shield You From Liability

As a Massachusetts and Rhode Island small business attorney, I often see business owners make the mistake of thinking that incorporating will automatically protect them from individual liability.  That is a common and dangerous misconception.  When a Rhode Island or Massachusetts corporation or LLC is properly formed, managed and maintained in accordance with corporate laws, …

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