Hosted by Attorney Brian E. Barreira

Brian E. Barreira specializes in estate planning, probate, special needs and elder law. His office is located in Plymouth, Massachusetts, and represents many residents of the South Shore and Cape Cod.

Brian received his JD from Boston University School of Law in 1984 and was admitted to the Massachusetts Bar in 1985. He received a Master of Laws in Taxation from Boston University School of Law in 1990. Brian began his career at State Street Bank and Trust Company settling complex estates. After 8 years of private practice as an associate with a Plymouth law firm, he set out and founded his own law practice in 1996.

Brian has been published nationally in several legal journals, including Estate Planning, Probate & Property, NAELA Quarterly and The Practical Lawyer. He continuously writes and updates articles on his Massachusetts Estate Planning, Probate & Elder Law blog, www.elderlaw.info. Mr. Barreira remains active in the legal community by speaking at state and national programs on elder law topics.

Upcoming Webinar

August 2022: Last-Minute MassHealth Planning for Spouses

If you or your spouse are looking to apply for MassHealth to help pay for nursing home or home health care, you need to make sure your estate plan will protect your assets from forced expenditure and estate recovery by the MassHealth agency. There are a few different strategies for preserving assets for the healthy spouse.

Join us on Thursday, August 18, 2022, from 12:15-12:45 PM EST, to learn about the different estate planning strategies available to individuals who will be applying for MassHealth in the near future. We will be joined by our guest speaker Attorney Judy Flynn from Falco & Associates, P.C. of Quincy, MA.

In this webinar we will be covering:

  • What steps can the community spouse take to be allowed to keep more than the home and $137,400.00?
  • When does the 5-year look-back period apply?
To learn more about Attorney Flynn’s practice, click here.
Guest Speaker: Attorney Judy Flynn

In 2016, Judy joined the team at Falco & Associates, P.C., where she continues to advocate for elders and their families in all aspects of elder law, estate planning and special needs planning.

Judy currently serves on the Board of Directors of the National Academy of Elder Law Attorneys (NAELA) and served as President of its Massachusetts Chapter (MassNAELA) in 2014. She is active in public policy and litigation efforts at the state and national level, currently serving as Co-Chair of NAELA’s State Advocates Committee, working to advocate for the rights of seniors and individuals with special needs. Judy served two terms as President of the Massachusetts Guardianship Association (MGA), in 2010 and 2011.

She was honored as a “Top Woman of Law” by Massachusetts Lawyers Weekly, and has received numerous other professional awards and designations such as New England Super Lawyer (2012-2020) and MassNAELA President’s Award (2013, 2016).

Feel free to submit general questions specific to the topic of Last-Minute MassHealth Planning for Spouses for the Q&A portion of the webinar. Questions can be submitted in the confirmation email that will be sent upon registering for the webinar. It is unlikely that we will have time to answer questions that are submitted during the webinar through Zoom.

The information presented in the webinar is for informational purposes only and is not a substitute for individualized legal advice.

Past Webinars

July 2022: Estate Recovery

If you spend time living in a nursing home, the Medicaid agency that assists in paying for your stay will look for a way to recover the costs of your nursing home stay. When you die the agency has the option to recover the proceeds from your estate, the process is known as estate recovery.

Join us on Thursday, July 21, 2022, from 12:15-12:45 PM EST, to learn about the MassHealth estate recovery process and the “Stop Unfair Medicaid Recoveries Act of 2022”, which was introduced in the House of Representatives and is meant to limit estate recoveries. We will be joined by guest speakers, Attorney Jim Schuster of Southfield, Michigan, and Attorney Timothy R. Loff from The Law Offices of Timothy R. Loff of Newton, Massachusetts.

In this webinar we will be covering:

  • How can MassHealth recover from your estate?
  • What happens when MassHealth places a lien on your home?
  • How would the “Stop Unfair Medicaid Recoveries Act” limit a Medicaid agency’s power to recover from estates?
Guest Speaker: Attorney Timothy R. Loff

Timothy R. Loff grew up in Bloomington, Minnesota, and moved to the Boston area to go to law school, and has been here ever since.  He was a founding partner of the Law Firm of Blake & Loff in Boston until 1997 when he moved his office to Newton.  Tim presents on legal issues for many local organizations in Massachusetts including the Newton, Needham and Waltham Councils on Ageing, the Waltham Police Department’s Seniors Academy for Educationand the Massachusetts Bar Association Legal Education Institute. His practice focus is on Probate matters, representing individuals and families on Estate and Healthcare planning and issues.  For many years Tim has served as a Director of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA), and as the Chairman of the Ethics Committee, the Public Relations Committee, and Long Term Care Insurance Committee for that organization.

To learn more about Attorney Loff’s practice, click here.
To learn more about Attorney Schuster’s practice, click here.
Guest Speaker: Attorney Jim Schuster

Jim has had articles on Elder Law published in the Michigan Bar Journal, including the  article titled “Medicaid and the Practice of Law,” Michigan Lawyers Weekly, the Detroit Legal News and Laches, the publication of the Oakland County Bar Association. He has also presented course material for the Institute for Continuing Legal Education.

Jim’s involvement in the aging community has been extensive.  He has been a member of the professional speakers bureau of the Alzheimer’s Association, Greater Michigan Chapter. He works in association with the Geriatric Social Workers,  Wayne State University’s Institute on Gerontology, and the Area Agency on Aging being a return featured speaker at the AAA 1B Caregiver Expo. He has partnered with the Wayne State’ University Institute of Gerontology to present the annual Elder Advocate Conference. 

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira, Attorney Timothy Loff and Attorney Jim Schuster on the law as written as of the date of the webinar recording, July 21, 2022. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

June 2022: Intestacy

What happens if you pass away without executing a will? Who will inherit from you? What if you don’t have any kids or a spouse? The process of probating an estate without a will is known as Intestacy.

Join us to learn about the process that occurs when an individual dies without a will. We will be joined by our guest speaker Attorney Paula Nedder from Nedder Law, LLC of Milford, MA.

In this webinar we will be covering:

  • Who receives notice from the probate court?
  • How does intestacy impact appointing a personal representative for an estate?
Guest Speaker: Attorney Paula A. Nedder

Attorney Paula A. Nedder is the founding member of Nedder Law, LLC, with offices located in Milford and Westborough, Massachusetts. Her practice areas include Elder Law, estate planning for all ages, probate, and criminal law. In addition to being licensed to practice law in Massachusetts, Paula is admitted to the Federal Bar and the United States Supreme Court Bar.

Paula is a member of the National Academy of Elder Law Attorneys, is on the board of the Massachusetts Chapter of the National Academy of Elder Law Attorneys, and a recipient of the Chapter’s 2011 Member of the Year Award. Paula is also on the board of MetroWest Legal Services which provides free, civil legal representation to low-income residents and victims of crimes who live in the metro west area and who would otherwise be denied justice.

Paula is a member of the Bar Association of Norfolk County and is a former Assistant District Attorney for Norfolk County, where she was recognized for her service to the Office and the people of Norfolk County for her prosecution of domestic violence and sexual assault cases.

To learn more about Attorney Nedder’s practice, click here.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Paula Nedder on the law as written as of the date of the webinar recording, June 16, 2022. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

May 2022: Contesting Wills and Trusts

Can your family members contest the validity of your estate plan based on your capacity at the time the documents were signed? How is your capacity determined, and how can undue influence contribute to the invalidity of your wills and trusts? What options do you have to protect your wills and trusts from future contests?

Join us to learn about some of the reasons why a will or trust might be contested. We will be joined by our guest speaker Attorney Darian M. Butcher from Butcher Law, LLC of Boston, MA.

In this webinar we will be covering:

  • What is undue influence, and how can it affect wills and trusts?
  • How is a person’s capacity determined?
  • What are some notable will and trust contests?
To learn more about Attorney Butcher’s practice, click here.
Guest Speaker: Attorney Darian M. Butcher

Darian represents clients in connection with all stages of probate and fiduciary litigation, estate administration, guardianships, and conservatorships in both state and federal trial and appellate courts.

Before founding Butcher Law, Darian practiced probate, fiduciary and complex commercial litigation at Day Pitney LLP. She also previously clerked at the Massachusetts Appeals Court for the Honorable R. Malcom Graham (Ret.).

Darian currently serves as the co-chair of the Trust and Estates Education Committee of the Boston Bar Association, a member of the Massachusetts Supreme Judicial Court Standing Committee on Lawyer Well-Being, and as the President of the Board of Directors of GLBTQ Legal Advocates & Defenders (GLAD).

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Darian Butcher on the law as written as of the date of the webinar recording, May 19, 2022. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

April 2022: What Medical Documents Do You Need for End of Life Care?

Many seniors do not think about the necessity for their wishes for end-of-life care to be put on paper. That is where Medical Orders for Life Sustaining Treatment (MOLST) and Do Not Resuscitate (DNR) forms come into play, to articulate your wishes when you no longer are able to. Death With Dignity Laws are in place in certain states to give people suffering from a terminal illnesses a way to gain control over the death and dying process.

Join us to learn about Medical Orders for Life Sustaining Treatment, Do Not Resuscitate forms and Death With Dignity Laws. We will be joined by our guest speaker Lauren Chartier from Premier Seniorcare of Kingston, Massachusetts.

In this webinar we will be covering:

  • What is a MOLST form, and why should you have one?
  • How do you execute a valid Do Not Resuscitate form?
  • What is Death With Dignity, and which neighboring states have adopted these laws?
Guest Speaker: Lauren Chartier
BSN, RN, CMC / Professional Geriatric Care Manager

Lauren Chartier, RN, BSN, CMC (Care Manager, Certified) is the founder of Premier Seniorcare, Inc. Lauren has been an RN for over 30 years, more than half of that time as a Geriatric Care Manager. She graduated with High Distinction from UMass Dartmouth and worked at Massachusetts General Hospital and South Shore Hospital before pursuing Community Health Nursing. Her love of working with seniors and desire to provide comprehensive, high quality health care management and advocacy provided the incentive to start Premier Seniorcare, Inc. in 2005. The satisfaction that comes from improving the quality of life for seniors continues be a strong source of motivation for her.

To learn more about Lauren Chartier’s practice click here.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Lauren Chartier on the law as written as of the date of the webinar recording, April 21, 2022. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

March 2022: Can a Spouse Refuse to Cooperate in the MassHealth Application Process?

Must both spouses always cooperate when there is a MassHealth Application for one of them?

Join us to learn about when an individual may refuse to cooperate on their spouse’s MassHealth application, and whether that is a good idea. We will be joined by our guest speaker Attorney Jamie Knudson from Knudsen Burbridge, P.C. in Wakefield, Massachusetts.

In this webinar we will be covering:

  • Is it possible for one spouse to refuse to cooperate on a MassHealth Application?
  • In what situations would it be suggestible to not cooperate on a spouse’s MassHealth Application?
To learn more about Attorney Knudsen’s practice click here.
Guest Speaker: Attorney Jamie Knudsen

Attorney Jamie Knudsen focuses a significant portion of his practice in the area of general estate, tax, and charitable planning. In addition to providing extensive consultation on matters of trust administration and dispute resolution, Jamie regularly participates in technical seminars and offers lectures on estate planning to the public and other professionals. His goal is to help families create estate plans that work, ultimately avoiding litigation and the slow and costly probate process. In addition to focusing on estate planning, estate and trust administration, and litigation, Attorney Knudsen has a background in complex personal injury, civil rights, and commercial litigation. His knowledge of court procedures and dispute resolution have benefited trust and estate clients in need of asset protection planning, estate, fiduciary, and tax litigation services, judicial reformation of trusts, and probate and equity court representation. His genuine interest and involvement in many charitable causes adds value to the charitable estate plans designed for each of his clients.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Jamie Knudsen on the law as written as of the date of the webinar recording, March 17, 2022. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

February 2022: Life Estates

Why should I consider establishing a Life Estate? Does a Life Estate offer any tax advantages?

Join us to learn about the benefits and disadvantages that life estates offer. We will be joined by our guest speaker Attorney Eric Correira from Correira Law of Swansea, MA.

In this webinar we will be covering:

  • What is a life estate?
  • What protections do life estates offer me?
Guest Speaker: Attorney Eric Correira

Eric D. Correira has over twelve years experience in the areas of estate planning and administration, tax and business planning, elder law and disability planning, and trust, estate, and tax litigation. Eric has authored chapters for Massachusetts Continuing Legal Education Inc. (MCLE)’s New England Law Practice Collection, and is the current Editor in Chief of the Rhode Island Bar Journal. He has also appeared and successfully argued several cases before the Massachusetts Appeals Court. Eric was instrumental in creating and implementing the Rhode Island Pooled Trust, the first such trust for special needs individuals in the Ocean State. In addition, one of Eric’s notable areas of expertise is estate planning for individuals with interests in both New England and Florida.

To learn more about Attorney Correira’s practice click here.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Eric Correira on the law as written as of the date of the webinar recording, February 17, 2022. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

January 2022: Gift Consequences

Gifts made by you or to you can not only have tax consequences, but can also affect eligibility for governmental benefit programs.

Join us to learn about the consequences involved when making or receiving gifts. We will cover the estate tax and gift tax aspects of gifts of $16,000, $34,000, a home, and $1 million in appreciated stock. We will also cover the MassHealth, SSI and V.A. Aid and Attendance rules regarding these gifts. We will be joined by our guest speaker Attorney Mark Worthington from Special Needs Law Group of Massachusetts, PC, of Framingham, MA.

In this webinar we will be covering:

-What consequences can receiving a gift have on your governmental benefits?

– What consequences can receiving a gift have on the taxes that you pay?

To learn more about Attorney Worthington’s practice click here.
Guest Speaker Attorney Mark Worthington

Mark W. Worthington is Senior Counsel at Special Needs Law Group of Massachusetts, P.C. Mark received his J.D. from Northeastern University School of Law and his LL.M. in Taxation from Boston University School of Law. He is a Certified Elder Law Attorney (as certified by the National Elder Law Foundation (Massachusetts does not recognize legal specialties for certification)) and past President (2007) of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. Mark has been named to the Massachusetts Super Lawyers list every year since 2008.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Mark Worthington on the law as written as of the date of the webinar recording, January 20, 2022. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

December 2021: Walking Through the MassHealth Long-Term Care Application for an Unmarried Person

The MassHealth application is an intimidating document that takes into consideration many aspects of the applicants situation. It can be a daunting task to fill out and submit the application without a thorough understanding of what MassHealth is looking for from the applicant.

Join us for some insight into how the MassHealth application should be approached for an unmarried individual. We will be joined by our guest speaker, Attorney Elaine Breslow, and we will walk through the MassHealth application to highlight the important parts,

Some of the issues that will be discussed in this webinar include:

– What is the five-year financial look-back period?

– How do I get financial documents from my financial institutions for the MassHealth look-back period?

Guest Speaker Attorney Elaine Breslow

Elaine specializes in MassHealth applications, denials, and appeals at the Law Offices of Brian E. Barreira and is admitted to the Connecticut State Bar.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Elaine Breslow on the law as written as of the date of the webinar recording, December 16, 2021. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

November 2021: The Pros and Cons of Common Types of Trusts: 30 Trusts in 30 Minutes

There are dozens of different kinds of trusts that can be made to protect and preserve your assets for future generations, but with so many types of trusts it can be difficult to figure out which kind is the best fit for you. Join us to learn about common types of trusts and the benefits and disadvantages they offer. We will be joined by our guest speaker Attorney Hyman Darling from Bacon & Wilson PC of Springfield. In this webinar we will be covering:

– What are some of the benefits that common trusts offer?

– What are some of the disadvantages that common trusts can offer?

To learn more about Attorney
Darling’s practice click here.
Guest Speaker Attorney Hyman Darling

Hyman Darling is the chair of the estate planning and elder law department at Bacon & Wilson, and he is recognized as the area’s preeminent estate planner. He has extensive experience with all aspects of estate planning, trusts, tax law, probate and estates, guardianships, special needs trusts and planning, elder law, and long-term care planning. Additional specialties include adoption and real estate.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Hyman Darling on the law as written as of the date of the webinar recording, November 18, 2021. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

Social Law Library Webinar: What is Undue Influence, and What Can Drafting Lawyers Do to Detect It?

Guest Speakers Include:

Hon. Anthony Nesi (Ret.), Probate & Family Court

Brian E. Barreira, Esq., Law Offices of Brian E. Barreira

Darian M. Butcher, Esq., Butcher Law LLC

Dr. Elizabeth Nasser, Clinical Psychologist, Northboro, MA

Join The Social Law Library and our esteemed panel as they discuss the intricacies of undue influence and how to deal with it in your law practice, including the following questions:

  • What Is undue influence under current Massachusetts case law?
  • When is there an “unnatural disposition”  — does that phrase mean “inequitable result”? 
  • When is a person susceptible or vulnerable to undue influence?
  • What factors often lead to rulings about the opportunity to exercise undue influence?
  • When do courts shift the burden of proof to the influencer?
  • To provide “independent legal representation” to the person executing a legal instrument, what steps should lawyers take?

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira, Attorney Darian Butcher, Judge Anthony Nesi and Dr. Elizabeth Nasser on the law as written as of the date of the webinar recording, November 16, 2021. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

October 2021: The Treatment of Irrevocable Trusts in Massachusetts by MassHealth After the Daley and Fournier Decisions

MassHealth lawyers have made arguments in the past that if you place your home in an irrevocable trust but still reside in your home then the asset is countable when it comes to MassHealth qualification. They have also concocted ways that trusts could be abused so that the elderly person can “have their cake and eat it too.” The Supreme Judicial Court decisions in the Daley and Fournier cases squashed most of the MassHealth lawyers’ arguments. Join us for a discussion about how the treatment of irrevocable trusts in Massachusetts by MassHealth has changed following the Daley and Fournier SJC decisions. We will be joined by our guest speaker Attorney Nick Kaltsas from Elder & Disability Law Advocates in Worcester. In this webinar we will be covering:

– Can residing in your home after you deeded the home to an irrevocable trust cause your home to be treated as a countable asset in the MassHealth application process?

– If your home is in an irrevocable trust will you be able to qualify for MassHealth?

– What arguments are no longer available to MassHealth lawyers after these SJC decisions?

Guest Speaker Attorney Nick Kaltsas

Mr. Kaltsas practices as a trial and Elder Law attorney at Elder & Disability Law Advocates, a law firm founded by Mr. Kaltsas and committed to serving the needs of the senior population.  Attorney Kaltsas represents clients in Guardianship matters, Estate Administration matters and trials and hearings in Massachusetts Probate Courts. He represents clients before state regulatory and adjudicatory agencies relative to Medicaid Advocacy and is knowledgeable and experienced in Comprehensive Estate Planning and Medicaid Planning.

To learn more about Attorney Kaltsas’ practice click here.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Nick Kaltsas on the law as written as of the date of the webinar recording, October 21, 2021. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

September 2021: What Would the Britney Spears Conservatorship Look Like Under Massachusetts Law?

Over the past few months you have probably heard of the #FreeBritney movement. The public scrutiny of the court proceedings regarding Britney’s conservatorship has brought to light some of the questionable actions taken by Jamie Spears, Britney’s father, as well as Britney’s own attorney and the judge presiding over her case. Join us for a discussion about what the Britney Spears conservatorship would look like under Massachusetts law. We are joined by our guest speaker Attorney Judith Flynn. In this webinar we will be covering:

– Could what happened to Britney Spears happen to you, and how can you minimize the chances of it happening?

– How do you end a guardianship or conservatorship in Massachusetts?

To learn more about Attorney Flynn’s practice click here.
Guest Speaker Attorney Judy Flynn

 Attorney Judy Flynn advocates for elders and their families in all aspects of elder law, estate planning and special needs planning. Judy currently serves on the Board of Directors of the National Academy of Elder Law Attorneys (NAELA) and served as President of its Massachusetts Chapter (MassNAELA) in 2014. She is active in public policy and litigation efforts at the state and national level, currently serving as Co-Chair of NAELA’s State Advocates Committee, working to advocate for the rights of seniors and individuals with special needs. Judy served two terms as President of the Massachusetts Guardianship Association (MGA), in 2010 and 2011.

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Judy Flynn on the law as written as of the date of the webinar recording, September 16, 2021. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

August 2021: What is Probate, and Should You Try to Avoid It?

Is the fear of probate being used to sell you something such as a trust? Many people do not realize what probate is, and this webinar is meant to describe when it applies and when it doesn’t. Weighing your estate plan options can be difficult; join us to learn more about the probate process. Some of the topics that will be covered in the webinar include:

  • What Are the Two Reasons Married Couples Might Not Want to Avoid Probate?
  • Can Probate Be Avoided Without Being Sold a Trust?

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira on the law as written as of the date of the webinar recording, August 19, 2021. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

Brian E. Barreira, Esq.

118 Long Pond Road, Suite 106
Plymouth, MA 02360

SouthShoreElderLaw.com


Phone: (508)-747-8282
Fax: (508)-746-5746