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Delaney and Delaney Legal Blog

Wednesday, September 6, 2017

The Dreaded Five Year Look Back

submitted by Brian J. Delaney, Esq. 

Timing is everything, especially when it comes to long-term care/asset protection planning.  Enter the dreaded "Five Year Look Back."  It is one of the first things a prospective client asks me about.  When applying for long-term care MassHealth benefits, the applicant must disclose all transfers for less than fair market consideration made in the previous 60 month (or 5 year) period.  If MassHealth treats the transfers as disqualifying, then the applicant will be denied benefits for a period of ineligibility known as the penalty period.   The penalty period is calculated by dividing the gift amount by the transfer divisor, which is the average cost of a nursing home in Massachusetts.  For example, a $50,000 gift divided by $354 (2017 transfer divisor) would generate a penalty period of 141 days.  Who pays the nursing home for those 141 days? Often, the family member will need to "cure" the gift to pay for the long-term care costs.


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Friday, February 17, 2012

Why the New Payroll Tax Cut Means Higher Taxes for Some

submitted by Brian J. Delaney, Esq.

It looks like Congress will be extending the payroll tax cut through the end of 2012.  Many people assume it is a good thing, but don’t understand how it affects their tax returns.  This payroll tax cut actually went into effect in January in 2011.  Will you see a bigger tax refund?  For most people, the answer is no.   In fact, some people will be paying more in tax this year as opposed to last year!  I prepare tax returns for many of my clients and I have quickly realized that a number of them will end up paying more than last year.  Why? Read on…


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Wednesday, February 2, 2011

No One Likes Estate Planning

submitted by Brian J. Delaney, Esq.

I have represented many first-time home buyers.  These clients are typically very enthusiastic about purchasing their first home.  I have also helped many clients (as young as 18 years old and as old as 99 years old) with estate planning.  As you can imagine, these clients are polar opposites from my first-time home buyer clients.  I have never had a client say to me, “I’m so excited to sit down and talk about what happens to my property or my kids if I unexpectedly die or become incapacitated!”  It takes some clients months, if not years, to gather the courage to sit down and talk about estate planning. 


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Thursday, January 27, 2011

IRS Announces Delay on Processing Returns until 2/14/11

submitted by Brian J. Delaney, Esq.

Due to last minute tax changes by Congress, the IRS has announced that some tax returns will not be processed until February 14.  If you itemize your deductions on Schedule A (mortgage interest, taxes paid, charitable contributions, etc), claim the higher education tuition and fees deduction, or claim the educator expense deduction, you will not be able to e-file until the 14th.  For our clients, we will finalize returns but hold off e-filing until we get the green light from the IRS.


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Thursday, January 20, 2011

Welcome!

submitted by Brian J. Delaney, Esq.

We are pleased to announce the launch of our new website, www.delaneylawoffice.com!  Between the detailed website content and frequent blog entries, we hope to keep our clients up to date on developments in real estate, estate planning, tax law, and elder law. 

We are also teaming up with a company called LegalVault to offer a secure online document storage system for our clients.  LegalVault offers some exciting features.  Clients are able to upload important legal documents to their account and can access the documents from any computer with internet access.  In addition, clients are provided with a wallet card containing an access code for healthcare providers to access their important healthcare documents such as a healthcare proxy, living will, or even a list of allergies and medications. 

 If there is any topic you want us to discuss in our blog, please do not hesitate to contact us.




The Law offices of Delaney and Delaney assist clients in Waltham, Belmont, Watertown, Newtonville, Arlington, Lexington, Auburndale, Weston, Waban, Cambridge, Brighton, Somerville, Newton Highlands, Allston, Boston, Winchester, Wellesley Hills, Chestnut Hill, Medford, Brookline, Needham Heights, Woburn, Wayland, Wellesley, Burlington, Jamaica Plain, Charlestown,Malden, Everett, West Roxbury, Concord, Stoneham, Roslindale, Melrose, Chelsea, in Middlesex County, Suffolk County, and Norfolk County, Massachusetts.



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