You may live on Sully, Lynn or Kevin Road and never ever gave it a thought. Perhaps you grew up on Jon or Lisa Drive.  When these slab ranch style homes were built in the late fifties and early sixties, they were considered 'private ways' by the City of Brockton.  As such, the Campanelli Brothers were able to call these new streets whatever they chose to.       This topic came up while caddying for one of the contractors who did much of the painting as these homes were being built. Johnny Janto was one of the best guys you could be assigned to if you had to lug a golf bag around for four hours.  He treated us well, kept the ball in easy to find places, and tipped with the best of them. Johnny J grew up poor during the depression and knew what real work was.  We all loved him, ... 12/30/2015

     It is so easy to order the big, bright and shiny full color postcards from the comfort of the home office, that I have decided to do more of it in 2015.  This past order was a 'Just Sold' card that is going to 200 homes around this Brockton, MA  property.  The printing, labeling and postage came to about $65. per hundred, or $130. total.  These are going to be hand delivered to each home and will be physically handled by the homeowner.  It will be information that should be of interest to them.      People get less mail now than they used to, so this piece will stick out a little more.  While it is likely to get tossed out, the information will be noted, not deleted like an annoying spam email.  When they drive past the house they will mentally refer back to the information from th... 11/15/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com There are several non-tax reasons for utilizing trusts such as asset protection; avoiding probate; creditor protection; protection for the surviving spouse and children in the event the surviving spouse remarries; control and management of assets for spendthrifts, minors and those disabled; and avoiding ancillary probate for real estate owned in another state.  Moreover, living trusts are private (not public) documents and notice of the trust assets and accountings need be given only to the interested parties. Example:  Mr. and Mrs. Brockton have "I love you" wills whereby they leave everything to each other and they each have a taxable estate of $2 m... 09/05/2014

      The number of single family homes sold in Brockton in July of 2014 jumped to 65.  While they have been trending upward since the awful winter weather (36 homes sold in January), the first half of 2014 saw an average of about 47 homes sold per month.         By the end of most years about 600 single family transactions will occur.  Most months will see an average of about 50.  Some active months will be above that and, conversely, the slower winter months will be in the mid to upper 40's sold.     These sales are in addition to the multi family and condo markets, whose sales figures are kept seperately.   The figures are taken from the Multiple Listing Service and don't include private sales. 08/05/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.    Website:  vonweisslaw.com   The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and "minor children whom the decedent was obligated to support and children  who were in fact being supported by the decedent."   Unless the court ... 04/30/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com   The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional and not occasioned by accident or mista... 04/30/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com What is the Discretionary Family Allowance? The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and "minor children whom the decedent was obligated to support and children  who were in fact bei... 02/08/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com What is Exempt Property? The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death.     Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of ex... 02/08/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional and not occasioned by accident o... 02/07/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com  What happens if the will is older than the marriage?  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof."  Pretty simple and straightforward, right?    Under the new law, things are a bit more complex.  Under § 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten if no will) EXCEPT that the surviving spous... 02/06/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. Website:  vonweisslaw.com  I am often asked "How does my divorce affect my estate plan?"  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, Massachusetts law provided that divorce revoked the provisions in favor of a former spouse in a pre-existing Will (the former spouse was treated as having died first).  The net effect was that former spouse did not inherit directly under the Will and any nominations appointing the former spouse were void.  The prior law was sometimes problematic.  For example, under the old law, the stepchildren potentially could inherit (even though the former spouse did not) since the former sp... 02/06/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com Why is it that some nursing homes mislead elders about MassHealth (also known as Medicaid)?  Recently, a nursing home told my client (let's call her Mrs. Elder) not to apply for MassHealth (also known as Medicaid) for her husband because if she did apply for MassHealth, the MassHealth agency would put a lien on her house.  This is misleading.  The MassHealth regulations specifically set forth that a MassHealth lien cannot be placed when there is a spouse living in the house.  Because Mrs. Elder is a spouse living in the house, a lien could not be placed on Mr. and Mrs. Elder's home.  Luckily, Mrs. Elder ignored the nursing home and came to see me for ... 02/06/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com  Who can be the personal representive (formerly known as executor)? The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Under the MUPC, the person in charge of the estate of a deceased person is called a “personal representative”.  Before the MUPC, we used the terms "executor"--if a person died with a Will--and "administrator"--if a person died without a Will. Whether or not there is a Will, § 3-203(a) of the MUPC has a “priority ladder,” which establishes who has priority to be appointed as the personal representative.  Generally, the order is as follows: (1) the person named in the Will, (2) the surviving spouse who ... 02/06/2014

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.   Website:  vonweisslaw.com  I am often asked "Should my Will state my wishes regarding my burial and funeral?" The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. Before the MUPC, the executor had no authority as to the bodily remains of the decedent.  Under § 3-701 of the MUPC, the named (named in the Will) personal representative has power to carry out the written instructions of the testator pertaining to the disposition of the bodily remains and other arrangements such as funeral and burial, even prior to his or her appointment.     As a side note, "decedent" is the term referring to the person who died, "personal representative" is the MUPC... 02/06/2014

Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death.     Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of exempt property from the decedent’s probate estate.   The $10,000 first comes from "household furniture, automobiles, furnishings, appliances and pe... 02/05/2014

Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death.     Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of exempt property from the decedent’s probate estate.   The $10,000 first comes from "household furniture, automobiles, furnishings, appliances and pe... 02/02/2014

Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and "minor children whom the decedent was obligated to support and children  who were in fact being supported by the decedent."   Unless the court orders otherwise, the personal representative's discretionary authority to pay a family allowance is capped at a lu... 01/30/2014

     It's always been my favorite argument that, unlike paying rent, your thirty year, fixed rate mortgage could never go up. Of course, your real estate taxes go up a little every year, and so will your insurance. Ever since my dad purchased our first home, a five room starter ranch in Brockton MA in 1959 for $12,500.00, which he thought was a little high, he would justify it by stating that they can never raise the mortgage by a penny. He'd tell anyone who would listen, " I made them put that in there, that's why I didn't mind paying a little more."     Once a year, when our tax bill came in the mail he would study it, then deem that all the politicians were crooks for personally raising our taxes.  He was none too happy about it when the Insurance man came to the house to explain tha... 01/10/2014

     If I had a nickel for every time that I had a home seller tell me that the smoke detectors work fine, I wouldn’t be rich but I would have a whole bunch of nickels.  Sometimes it is just better to skip the ion/photo speech and go to the how they work if there was a real fire and everyone was asleep mode.     What if you kept setting off false alarms near the kitchen or bathroom, and one of the kids took the battery out because it annoyed them, or alerted the family that they had spent too much time in the shower?  You would never know.     In a real fire, the firefighters don’t know who may still be in the house, if anyone, They just know that the house is on fire, their worst case scenario is loss of life, and that every second is vital.  The Brockton Fire Department, and its Fire ... 01/07/2013

            Brookfield Heights is a section of Brockton, MA that is nicely located in the Northeast part of the City, bordering the towns of Abington and Holbrook.  From about 1958 to 1962 the Campanelli Brothers built several thousand houses designed to appeal to the young, first time homebuyer. Nearly all of the designs featured an eat-in-kitchen,a family sized living room, three bedrooms and one bath.  It also included an attached garage, which was often modified into living space(s).      At the time, the demand came from young men and women who had grown up during the Great Depression, and were striving to build a better life for their kids.  The economy had recovered from World War II and Korea, and America was building automobiles, and roads to drive them on, at a feverish pace. ... 01/03/2013