Surprenant & Beneski

Pet Trusts - Planning Today For Loving Care Tomorrow

There are more pets than children in American households.  For many people, old and young alike, pets are as much a part of their family as any human. There are health and financial benefits to owning a pet.  Indeed, there is now an impressive body of scientific evidence, gathered over the last 30 years, that pets can help a person stay healthy, speed up recovery after major illness, manage blood pressure, protect the heart and blood vessels, deal with stress, improve mood and sense of well-being, lessen feelings of isolation and loneliness, and provide a sense of purpose.  The National Center for Infectious Diseases reports on its website that “pets can decrease your blood pressure, cholesterol and triglyceride levels, and feelings of loneliness.”  http://www.cdc.gov/healthypets/health-benefits/index.html For the elderly especially, a pet can dramatically improve their health.  But who will take care of the beloved pet who outlives its owner?  What will happen to the pet if its owner must transition her residence to a facility that does not allow pets?  How can a person provide for the continued care of a pet who has given so much? Dixie, Elmo, Patch, and Spats are Mildred’s family.  They provide Mildred with loyalty, unconditional love, affection, and companionship.  They have given her a purpose and a feeling of fulfillment.  They depend on her for her own love of them and for the very best care she can offer:  the right food, the right exercise, the right veterinary attention, the right medications. But what happens when Mildred is no longer able to care for her beloved “darlings.”  She wonders, “How can I ensure that my pets will continue to receive proper care if I am unable to provide it myself?  Who will take care of them?  Who will understand their unique personalities?”  Elmo the beagle lies around on the floor, couch, or bed most of the time and craves an occasional scratch behind his ears.  Dixie the poodle is frisky and high maintenance.  Patch the cat likes Mildred’s lap, while her brother, Spats, prefers napping in the sun or under the bed spread. Many assisted and supportive living centers do not allow their residents to own pets.  Mildred’s most disturbing thought is that her pets could be euthanized at a shelter or veterinary office if she dies or becomes incapacitated.  The sad fact is that unless she makes appropriate arrangements, her fear could become a dreadful reality.  According to one estimate, one-half a million pets are euthanized in shelters each year because their human caregivers have predeceased them. A new Massachusetts law provides an answer:  a trust for the care and feeding of Mildred’s pets.  The new law allows a pet owner to set up a trust for the care of one or more designated domestic or pet animals.  The law provides that no part of the principal or income of the trust may be converted to the use of the trustee or for any purpose not for the benefit of the covered animal. Another good feature of the new law allows the pet owner to name a person to enforce the terms of the trust, to make sure the person who is to take care of the pet lives up to his/her obligations.  The trust terminates when there is no living animal covered by the trust.  At that point, any unexpended trust property can be transferred (a) as directed in the trust, (b) under the residuary clause in the pet owner’s will, or (c) to the pet owner’s heirs. By “planning today for loving care tomorrow,” Mildred can meet her pets’ future needs while giving herself peace of mind.  By consulting with an estate planning attorney who is knowledgeable about the new Massachusetts Pet Trust law, Mildred can be assured that her pets will be well-cared for when she is no longer able to care for them herself. If you are interested in creating a pet trust for your pet, call our office at 508-994-5200 to set up an appointment. ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Brockton, MA 02375. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.

S & B Recommends - Humane Society & Shelter SouthCoast

  Sir Paul McCarthy once said, “You can judge a man's true character by the way he treats his fellow animals.” If that is the case than the staff at the Humane Society & Shelter SouthCoast (HSSSC) are angels on earth! Since opening its doors in 1911, the HSSSC is a private 501(c)3 non-profit charitable organization, has been serving needy animals throughout Southeastern Massachusetts. The Animals Rescue League has grown tremendously from its first location in a three-dollar-a-week apartment on North Second Street. Currently at its' new location on 31 Ventura Drive, North Dartmouth, since 2003, it is now called The Humane Society & Shelter SouthCoast. This state-of-the-art shelters serves nearly 3,000 animals in need annually. They service the cities of New Bedford and Fall River, town of Dartmouth, Wareham and Marion. They also take in owner surrenders when they have room. The mission of the Humane Society is to provide humane professional care and placement of unwanted, abandoned and stray animals in the Greater New Bedford region and the city of Fall River. One of their goals is to educate the public concerning animal welfare and to advocate for humane treatment of animals everywhere. Going away for bit and need a place for you furry canine friend to stay? The HSSSC, has a large private area for non-shelter animals for boarding purposes. Each animal gets its own run, fed by your schedule and goes out in our fenced in yard for a bit of exercise. Although the shelter has a highly trained in-house staff, if there is a medical emergency they can call on their vet at Chase Farm Veterinarian Hospital which is right next door. You will have no worries leaving your pet here. Does your pooch need a little pampering? Are they a little dirty or maybe just in need of a little hair cut or nail trim? Not a problem. The HSSSC has their very own in house Grooming department at your service. Just call us for hours and details and we will be glad to get your pooch prim and proper in no time. Can't adopt a pet right now but still want to help? There are also a lot of ways you can help out the HSSSC and their animals. Monetary donations of any amount are always appreciated. They also have a buy a brick memorial program or you can donate in a loved one's memory. Cleaning out your closets and don't need those old towels or blankets? Consider donating them to the HSSC. Every little bit helps them to help animals in our region.   For more information, including adopting a furry friend, be sure to visit them on the web by clicking here or like them on their Facebook page by clicking here. Also, be sure to check out their grooming page by clicking here.

Recipe of the Week - Homemade Dog Treats

Ingredients:

• Cooking spray
• 2-1/2 cups whole wheat flour
• 1 cup wheat germ
• ½ cup ground flax seed
• 1 tablespoon honey
• 3 eggs
• ½ cup olive oil
• 1 cup water
• ½ cup applesauce
• ½ cup pumpkin puree

  Directions:

1. Preheat oven to 350°. Coat a baking sheet with cooking spray and set aside.
2. In a large mixing bowl, combine flour, wheat germ, and flax seed. Set aside.
3. In another mixing bowl, combing honey, eggs, oil, water, applesauce and pumpkin puree until well combined. Pour into dry ingredients and stir until well-mixed.
4. Form into a disc and roll out on a well-floured surface until about ¼" thick. Using a cookie cutter, cut out shapes and place on prepared baking sheet about 1" apart.
5. Bake in preheated oven for 25-30 minutes or until treats are very brown and very hard.
6. Let cool completely before giving them to your pooch to try out. Store in an airtight container out-of-reach of your puppy.

Common Misconceptions about Your Last Will & Testament written by Attorney Brandon C. Walecka, Esq., LL.M

Before we discuss the common misconceptions that many of our clients have about their Last Will & Testament, we should ask, “What is a Last Will and Testament?” The Last Will and Testament is a document in which you designate who will receive your property after your death. It is used by the Probate Court to transfer property that is owned in your name alone at your death to your heirs. In most Wills, you will name a person called a “personal representative” (formerly executor/trix) who will bear the responsibility for administering your estate. The personal representative is the person who works with your lawyer and the Probate Court to transfer your property to your heirs. Often when we meet with clients for planning, they have several misconceptions about what a Will can and cannot do regarding their goals. Below we hope to eliminate some of these misconceptions and help emphasize the importance of proper estate planning. 1. A Will is Probate. Often while meeting with a prospective client for the first time and reviewing their existing estate planning documents, they’ll say to me, “I already have a Will, so I don’t have to worry about Probate, right?” Wrong. A Will is Probate. As described above, in order to execute the wishes expressed in your Last Will and Testament, the document must be probated. This means, the Personal Representative must submit the Will, along with a petition, to a judge for approval. This is the probate process. The timeline for submitting the probate petition, receiving authority from the court, filing an inventory of assets within the estate, liquidating assets, selling property and finally closing the estate could take 12 to 15 months, if not longer. Often, the cost and delay of probate can be avoided through some basic estate planning techniques such as proper beneficiary designations or a trust. 2. Sometimes we actually want Probate. Despite the cost and delay of the probate process discussed above, sometimes an individual may want his or her estate to go through probate. Why? Well, perhaps the individual has minor children and were both spouses to pass away simultaneously, they want their minor children’s inheritance to be held in a trust until they obtain the age of 25. Also, they want to name within their Wills someone who will raise and care of their minor children in their place. Also, sometimes the client wishes to establish a testamentary special needs trust for the benefit of a disabled person who is receiving, or may in the future receive, needs-based government benefits. Assets held by a special needs trust generally are not considered to be owned by the beneficiary of the trust. Therefore, if the beneficiary of the trust applies for Medicaid the trust assets will not count. 3. The Will May Not Distribute All of the Decedent’s Assets. The Last Will and Testament distributes probate assets only. A probate asset is an asset that was held solely in the name of the deceased person. For example, a bank account owned in your name individually or a retirement plan or life insurance policy without a beneficiary named. Often clients mistakenly believe their goal of equally distributing their assetsupon their death will be accomplished through the Will, when in actuality an improper beneficiary designation could supersede the Will causing unequal distributions to your beneficiaries. 4. Only older people need a Will. As a firm, we think proper estate planning is so very important. If you are over the age of 18 and are of sound mind, you should execute foundational estate planning documents, including a Will. Particularly, you should have a Will if: a) you have minor children, b) you have personal property or family heirlooms that you want a specific person to receive at the time of your death, c) you are married and own property together, d) you have an unusual distribution scheme in mind after you pass away, and e) you were married previously and have children of a prior marriage. Are you unclear on what benefit a Will can offer you? Consider attending an upcoming seminar or schedule a no-obligation consultation with one of our estate planning attorneys at 508-994-5200.   ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Easton MA 02375. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.    

Recipe of the Week - Shrimp Alfredo Pasta Bake

Ingredients: • 1 pound medium shrimp, peeled and deveined • 2 tablespoons olive oil, divided • Kosher salt and freshly ground black pepper, to taste • 8 ounces whole wheat penne pasta • 1 (14.5-ounce) can petite diced tomatoes, drained • 1/2 cup reduced fat mozzarella cheese • 1/2 teaspoon crushed red pepper flakes, optional • 2 tablespoons grated Parmesan • 2 tablespoons chopped fresh parsley leaves Ingredients for the Alfredo Sauce: • 2 tablespoons unsalted butter • 4 cloves garlic, minced • 1 tablespoon all-purpose flour • 1 (6-ounce) can 2% evaporated milk • 1 ounce light cream cheese • 1/4 cup chicken broth, or more, to taste • salt and black pepper, to taste Directions: 1. To make the alfredo sauce, melt butter in a large skillet over medium high heat. Add garlic and cook, stirring frequently, until fragrant, about 1-2 minutes. 2. Whisk in flour until lightly browned, about 1 minute. Gradually whisk in milk, and cook, whisking constantly, until slightly thickened, about 1-2 minutes. Stir in cream cheese and chicken broth until smooth, about 1 minute; season with salt and pepper, to taste. Add more chicken broth as needed until desired consistency is reached. 3. Preheat oven to 400 degrees F. Lightly oil a baking sheet or coat with nonstick spray. 4. Place shrimp onto the prepared baking sheet. Add 1 tablespoon olive oil, salt and pepper, to taste, and gently toss to combine. Place into oven and roast just until pink, firm and cooked through, about 6-8 minutes. Remove from oven and set aside. 5. In a large pot of boiling salted water, cook pasta according to package instructions; drain well. 6. Reduce oven temperature to 350 degrees F. Lightly coat an 8x8 baking dish with nonstick spray. 7. In a large bowl, combine shrimp, pasta, tomatoes, mozzarella cheese, red pepper flakes and alfredo sauce. Add pasta mixture to prepared baking dish and top with Parmesan. 8. Place into oven and bake until golden brown and cheese has melted, about 10 minutes. 9. Serve immediately, garnished with parsley, if desired.

S & B Recommends - Gifts to Give

It's time to clean out the closets and get rid of anything unused or unwanted! But just don't throw it away, please consider donating it to Gifts To Give which is dedicated in building a community to tackle child poverty in our area! Gifts To Give accepts anything but furniture.  Household goods and everything else will be sold in their weekly volunteer-run tag sale.  100% of proceeds benefit Gifts To Give.  Here are the things most requested by community agencies for children in need. Gently Used

• Clothes, all ages
• Toys, Games and Puzzles, secured all pieces in boxes or bags
• Shoes, sneakers, boots
• Baby Safety Items (Strollers, Pack & Plays, Safety Gates, Car Seats, High Chairs)
• Children’s Books
• Bed-ware and Towels

New

• Underwear and Socks (Especially for teens in adult sizes)
• Toothbrushes and Toothpaste
• School Supplies and Backpacks
• Arts & Craft Supplies
• Birthday Gifts

Don't have anything to donate but still want to help out?  Here is just a sample of how you can take part:

• Sort and Inspect Toy Donations -  Volunteers inspect toys to make sure that they work correctly, and have all their parts before cleaning and sorting them by age and type.
• Process Clothing Donations - Volunteers inspect all incoming clothes, sort them into type and size and then make clothing packs of well-coordinated outfits that children will be proud to wear.
• Manufacture wrapping paper for our - young  artists, color and decorate large papers to be used  as wrapping for birthday gifts.
• Book Processing - Inspect and sort books by age.
• Package “Welcome Baby” - Supplies for newborns.
• Fill Backpacks With School Supplies – Assemble backpacks full of schools supplies, arts and craft supplies and books.
• Bicycle inspection and repair.
• Fill Orders – Volunteers act as personal shoppers and scour our shelves for the best items we have available to fill detailed orders provided by our distribution partners.
• In the Community–
  • Organize collection drives
  • Connect youth groups from schools and churches, temples and mosques.
  • Organize Student Leadership groups in schools
  • Support our Distribution Partners in each community
  • Become a Mentor and help foster Middle School Students in their schools.
  • Transport gift packages, in bulk, to offices of social workers without transportation
  • Volunteer with PTO groups to help them in early literacy programs in elementary schools, during school.
  • Assist with marketing
  Gifts to Give is located at Titleist Drive in Acushnet and their number is  508-717-8715. They can be found on the web at www.giftstogive.org.  Their hours of operation are daily from 9am-2pm.

Is It Better to Remarry or Just Live Together?

Finding love later in life may be unexpected and exciting, but should it lead to marriage? The considerations are much different for an older couple with adult children and retirement plans than for a young couple just starting out. Before deciding whether to get married or just live together, you need to look at your estate plan, your Social Security benefits, and your potential long-term care needs, among other things. Whatever you decide to do, you may want to consult a lawyer to make sure your wishes will be carried out.   Here are some things to think about:

• Estate Planning. Getting married can have a big effect on your estate plan. Even if you don't include a new spouse in your will, in most states spouses are automatically entitled to a share of your estate (usually one-third to one-half). One way to prevent a spouse from taking his or her share is to enter into a prenuptial agreement in which both spouses agree not to take anything from the other's estate. If you want to leave something to your spouse and ensure your heirs receive their inheritance, a trust may be the best option.

• Long-Term Care. Trusts and prenuptial agreements, however, won't necessarily keep a spouse from being responsible for your long-term care costs or vice versa. In addition, getting married can have an effect on your or your spouse's Medicaid eligibility. If you can afford it, a long-term care insurance policy may be a good investment once you remarry. For more information on long-term care insurance, click here.

• The Family Home. Whether you are getting married or just living together, before combining households you will need to think about what will happen to the house once the owner of the house dies. If the owner wants to keep the house within his or her family, putting the house in both spouse's names is not an option. On the other hand, the owner may also not want his or her heirs to evict the surviving spouse once the owner dies. One solution is for the owner of the house to give the surviving spouse a life estate. Once the surviving spouse dies, the house will pass to the original owner's heirs.

• Social Security. Many divorced or widowed seniors receive Social Security from their former spouses, and remarriage can affect benefits. If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits. If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce, or annulment). However, if your are a widow, widower or surviving divorced spouse who remarries after age 60, you are entitled to benefits on your prior deceased spouse's Social Security earnings record.

• Alimony. If you are receiving alimony from a divorced spouse, it will likely end once you remarry. Depending on the laws in your state and your divorce settlement, alimony may end even if you simply live with someone else.

• Survivor's Annuities. Widows and widowers of public employees, such as police officers and firefighters, often receive survivor's annuities. Many of these annuities end if the surviving spouse remarries. In addition widows and widowers of military personnel may lose their annuities if they remarry before age 57. Before getting married, check your annuity policy to see what the affect will be.

• College Financial Aid. Single parents with children in college may want to reconsider before getting married. A new spouse's income could affect the amount of financial aid the college student receives. Some private colleges may even count the combined income of a couple that lives together if they commingle their expenses.

Article courtesy of Elder Law Answers. Used by permission.   ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Easton MA 02375. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.  

Recipe of the Week - Chocolate Meringue Pie

Ingredients:

• One 9 inch Deep Dish Baked Pie Shell

Chocolate Filling:

• 1/2 cup sugar
• 1/4 cup cornstarch
• 1 square unsweetened chocolate
• 2 squares semisweet chocolate
• 1/2 teaspoon salt
• 2 1/2 cups milk
• 3 slightly beaten egg yolks
• 1 teaspoon vanilla extract

Meringue Topping:

• 4 Egg whites (1/2 cup) at room temperature
• 1/4 teaspoon cream of tartar
• 1/2 cup sugar
• 1 teaspoon vanilla extract

Directions for Pie:

1. Using a frozen prepared deep dish pie shell, thaw & bake as directed on instructions. Usually bake for about 7 minutes after pricking entire pie crust with a fork. You can also use the refrigerated pie shells and use your own pie pan. Bake as directed, let cool and set aside.
2. In a medium saucepan, on very low heat, melt chocolate squares. With a wire whisk add sugar, cornstarch and salt. Mix well then gradually stir in milk, mixing until smooth. Over medium high heat, bring to boiling, stirring occasionally; boil exactly for 1 minute then remove from heat.
3. Stir small amount of hot mixture into beaten egg yolks, mixing well. (about a teaspoon to start then gradually add about 1 cup of chocolate mixture into the eggs).
4. Return this back to mixture left in saucepan. Put saucepan back on the heated eye and bring back to boiling; stirring pretty much constantly. Again boil for exactly 1 minute. Remove from heat.
5. Stir in vanilla extract and pour immediately into cooled pie shell.

  Directions for Meringue:

1. Preheat oven to 375º.
2. In a medium bowl, beat egg whites & cream of tartar until soft peaks form when beater is raised.
3. Gradually beat in sugar in small amounts, beating well after each addition. Add the vanilla and continue beating until stiff peaks form when beater is raised.
4. Spread meringue over warm filling, sealing to edge of crust. Place pie on a cookie sheet.
5. Bake 10-12 minutes or until meringue is golden brown.
6. Cool and let pie set for about 2 hours before serving, refrigerate afterwards.

S & B Recommends - YMCA SouthCoast

As we enter a new year, our thoughts turn to the dreaded "New Year's Resolution".  Always at the top of that list is the  "lose weight/become healthier" resolution.  I truly believe that if a resolution is not fun in some way, it will be destined for failure.  One institution that makes healthy life style changes fun and possible is the the YMCA.  For 150 years, the Y has been committed to promoting healthy lifestyles in a fun and family oriented way. With a mission centered on balance, the Y brings families closer together, encourages good health and fosters connections through fitness, sports, fun and shared interests.  Fortunately for us here in the SouthCoast we are blessed to have access to several YMCAs: New Bedford, Dartmouth, Fall River, Mattapoisett, Wareham and in the future, Rochester. I never used the Y myself until I became a parent. It started off in little steps beginning with free play at the Y for my then toddler, and then morphed into swimming classes, summer camp and even after school programs. As you can see the Y is a part of our routine, but the Y is not just for kids!  You can find all different programs from adult swimming classes,  racquetball courts, indoor running track, stadium stairs, rock climbing wall, basketball, wellness centers, land and water aerobics, yoga, pilates, spinning classes, preschool and after school childcare, babysitting and so much more! Programs vary by location so please be sure to visit their website at http://www.ymcasouthcoast.org for more information!  You will be amazed at how much it has to offer!

Your New Year ’s Legal Check-up written by Attorney Erin L. Shea, Esq.

A new year is upon us, and with it comes a host of New Year’s resolutions. A 2015 Neilson.com survey found that the top goals for the new year included: 1) staying fit and healthy, 2) losing weight, 3) enjoying life to the fullest, 4) spending less, saving more, 5) spending more time with family and friends, and 6) getting organized. While each of those goals is worthwhile and important, don’t forget to add to your List of Resolutions a Legal Check-up!   Use the checklist below as a tool to determine whether you have good, foundational estate planning documents in place and whether you should consider meeting with an elder law attorney to discuss foundational planning, estate tax minimization, asset protection, creditor protection and/or special needs planning.   Legal Check-up Checklist:

• Durable Power of Attorney – a well drafted DPOA will allow a primary agent and alternate agent to make legal and financial decisions for you if you cannot make them for yourself and may avoid the need for a court-appointed conservator.
• Massachusetts Health Care Proxy - a well drafted HCP will allow a primary agent and alternate agent to make medical decisions for you if you cannot make them for yourself and may avoid the need for a court-appointed guardian.
• HIPAA Release Authorization – gives permission for your protected medical information to be shared with named individuals.
• Living Will - this directive instructs health care providers to administer, withhold, or withdraw specified medical treatments and is to be used as a guide for those who make decisions on your behalf when you are no longer capable of expressing your wishes for yourself.
• Last Will and Testament – tells the court which individuals (or charities) are to receive your property and possessions on your death and identifies to the court who you have named as the primary and alternate personal representative (formerly executor/executrix) of your estate.
• Do you have an estate worth more than $1,000,000, including real estate, investment accounts, retirement accounts, etc.?
• Do you have young children or a child or grandchild with special needs?
• Do you have spendthrift children or grandchildren?
• Are you concerned about protecting your assets against the cost of future long-term care needs?

If you answered yes to any of the above questions, if you don’t have one or more of the documents listed above, or if you want to have your documents/plan reviewed to make certain that it will work as needed when the time comes, we invite you to contact our office to schedule a meeting with one of our attorneys to gain clarity on your plan and learn recommendations to best accomplish your objectives. If interested, please contact our office at 508-994-5200.   ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Easton, MA 02375. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.