Legal Question in Wills and Trusts in Massachusetts

Re: book recommendation

In a word, no.

The topic is very complex, for several reasons.

1. There are extensive income taxation issues which may apply - not specifically to all trusts, but to trusts which might effectively protect assets from various creditors, and or the government when seeking reimbursement.

2. The legal environment is complex, and to a degree, uncertain. Attorneys ("elder law attorneys") are using their best guesstimate to provide good planning, but there is no guarantee that the planning will be effective. Medicaid comes out of general tax revenues, and the court, cognizant of that, has been willing in the past to overturn settled principles of trust law in order to allow a favorable result to the commonwealth.

3. In addition to being driven by the interpretation of state regulators and state courts, this area is governed by federal laws and regulations which are constantly in flux as the government tries to assure that people don't transfer away assets to qualify.

Consequently, this is an area where knowledge has to be constantly refreshed as the laws, and their interpretations change.

If this topic is of concern to you, you should definitely consult with an "elder law attorney", which is a specialty unto itself. They would offer the best chance at addressing these issues, notwithstanding the uncertainty of outcome.

Although we do not undertake this specialty, we can put you in touch with attorneys who do.