“There is no time like the present,” could be seen as, “living in the moment instead of in the past.” The future holds promise and opportunities. This is especially true when families grow. Many people understand that planning for the future becomes very important. Knowing what comes next can impact what families can do to plan for that situation.
A Cumberland-based law firm, whose attorneys combine for a century of experience, has the knowledge to educate clients about some of the legal pitfalls associated with getting older. The Law Firm of Brule, Nault, and Hainley, located at 1334 Mendon Road (Rte. 122), helps clients with these and other services. Much of their practice focuses on preparing wills, trusts and powers of attorney, as well as probate, Medicaid, long-term care, and other topics that are of concern to families.
Partner Andy Nault encourages new clients to bring any documents that they may already have with them when they meet. He said that the firm wants to help people to understand what their plan consists of, and either update or add to it, or tell them they already have what is necessary.
“Many people have something in place, but it may have been done years ago,” Nault said. “They may not know or remember what they put in place. Since then, they could have experienced a life event such as marriage, children, divorce, job transfer, or something else. We can review what they have, and provide feedback. In some cases, what they have in effect is perfectly fine—no changes are needed—and we tell them that. If they need an update, then we work with them and review some options.”
The firm distinguishes itself from some other attorneys who practice in the same field regarding its pricing options. They rarely use an hourly rate to charge for services, as many other practices do. Instead, they frequently utilize a fixed pricing structure that enables clients to use their services (such as calling them with questions). without worrying about running up billable hours. Nault said that this hourly billing can result in a “chilling effect” on attorney-client communication. Flat fee billing allows for more open and honest discussion, leading to the resolution of issues before they become bigger problems.
Nault also said that there is no wrong time to start planning ahead, and that many people tend to wait until they are older and have assets they would like to protect. While there is no magic age to start preparing, Nault acknowledges those in their 60s are a sweet spot for him and the firm, especially when it comes to long-term care issues.
“When people are in their forties, they tend to start planning for probate avoidance and other care options. When they are in their sixties, that is when they often become more concerned about nursing home expenses. Some people wait until their 80s, but there might be fewer affordable options at that point. We work with anyone at any age to explain what happens in different scenarios to allow them to make the best decision about what issues to address as part of their estate plan,” he said.
Education is at the core of this practice. Several areas of concern coming from clients stem from any one of the following categories:
Nursing Homes Placement. Nault said that when applying for government assistance, there is a five-year look back that applies to someone’s finances, to see how they have either spent or allocated their money. Gifts to family members, for example, are frowned upon, if they are determined to be made for the intent to avoid paying for long-term care. This type of gifting could result in the denial of eligibility for government assistance for that client. Navigating through the legality of these issues can be tricky and downright difficult without someone directing them.
“The government isn’t going to simply take someone’s word for it. They are going to look into the documents and see what is actually happening. If they find something strange, then they will ask for an explanation. Clients will want to be up front with their expenses so it doesn’t cause problems,” he said.
Probate. This process remains vital in ensuring the authenticity of all signed documents from each party. It also makes certain that everything was completed correctly and that the wishes of the deceased are followed through. While probate can be expensive and time-consuming, it can be avoided with proper planning.
The firm currently has 11 employees, and has been a fixture in town for nearly three decades (since 1997). Besides Attorney Nault, Paul Brule, Peter Hainley, and their new Associate, Alexandrea Calia, make up the list of full-time attorneys. Together, with John Walsh, who still practices on a part-time basis, they possess over 100 years of combined experience. They currently serve Rhode Island, Massachusetts, and Connecticut.
For more details about the firm and its services, please visit their website at https://bnhri.com/. Or, please call them at (401) 334-4545.
