On October 16, 2017, the Supreme Judicial Court issued a decision in Ajemian v. Yahoo!, Inc. holding that an online provider is not precluded under the federal Stored Communications Act (SCA) from turning over electronic mail to a Personal Representative (Executor) of an estate. The decision points out some of the difficulties that can be…. Read More
A touching article in the New York Times is circulating on social media sites describing the marriage of two people well into their nineties in Middletown, New York. Putting romantic issues aside, from the stand point of protecting assets from the nursing home, marriage can be beneficial or risky depending on the assets each spouse…. Read More
A letter from the President of the National Academy of Elder Law Attorneys, Hy Darling, to members outlines the damage that will be caused to seniors and the disabled if the recently released Senate healthcare bill is enacted: Dear NAELA members, Yesterday, the Senate released its initial version of the American Health Care Act, called…. Read More
The Supreme Judicial Court rendered its long-awaited decisions in Daley v. HHS (SJC-12200) and Nadeu v. Medicaid (SJC-12205) today. The Court held that “neither the grant in an irrevocable trust of a right of use and occupancy in a primary residence to a [MassHealth] applicant nor the retention by an applicant of a life estate…. Read More
In Skye v. Hession, 16-P-282 (Apr. 28, 2017), the Appeals Court issued a ruling upholding the use of a life estate deed that reserved in the grantor the power to alter remainder beneficiaries. Prior to her death, Margaret A. Hession executed a deed retaining a life estate in her home but conveying the remainder to…. Read More
On April 25, 2017, Attorney Campbell was awarded the Paul J. Liacos Award for Mental Health Advocacy. Attorney Campbell was presented the award at the John Adams Courthouse in Boston by the Committee for Public Counsel Services. The award recognizes Attorney Campbell’s dedication representing poor and mentally ill litigants in the Commonwealth.