Home Posts tagged Estate Planning (Page 7)
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Estate Planning Workshops for Parents

May 27, June 3: Attorney David K. Webber of Shatz, Schwartz and Fentin, P.C., with offices in Springfield and Northampton, will present two free workshops titled “Estate Planning Workshops for Parents of Young Children” at the Sunderland Library Community Room, 20 School St. Workshops are planned from 5:30 to 7:30 p.m., and are open to the public. Pre-registered participants will be offered the opportunity to complete a will, health care proxy, and durable power of attorney at a reduced rate. For more information and to register, call (413) 737-1131.

Economic Illusions Lecture

May 28: Edward Guay, principal of Wintonbury Risk Management in Bloomfield, Conn., will present a lecture titled “Recovering from Economic Illusions and Global Credit Shocks” at noon at One Financial Plaza, Community Room, third floor, 1350 Main St., Springfield. The lecture, part of the Instant Issues Brown Bag Lunch Series, is sponsored by the World Affairs Council of Western Mass. Guay is a global macro strategist. He has a long history of accurately predicting major shifts in business, financial, and political conditions. Guay specializes in the identification of those forces for change that will shape future events, either gradually or in climactic fashion, causing consensus business, investment, political, or geopolitical strategies to go awry. The cost of the lecture is $8 (bring a lunch) or $15 (tuna, turkey, or vegetarian sandwich). Reservations must be made by calling (413) 733-0110.

Extreme Business Makeover

June 5: The Western New England College Law and Business Center for Advancing Entrepreneurship will host an “Extreme Business Makeover” from noon to 1:30 p.m. in the TD Banknorth conference center at 1441 Main St., Springfield. The event features experts in the fields of law, accounting, marketing, and finance, offering advice on a range of issues to a pre-selected business or nonprofit group. This year’s makeover recipient is JELUPA Productions Inc. The event is free and open to the public and will be of particular interest to entrepreneurs, small-business advisors, and anyone interested in nonprofit management.

New Energy Landscape Seminar

June 9: The Pioneer Valley Planning Commission and Western Mass. Electric will sponsor a seminar titled “The New Energy Landscape: An Overview for Economic Development Professionals” from 8 a.m. to noon at the Kittredge Center at Holyoke Community College. The seminar is free; however, registration is required by June 1. For more information, contact Lori Tanner at (413) 781-6045 or visit www.pvpc.org.

Wine & Microbrew Tasting

June 12: Members of the Greater Easthampton Chamber of Commerce will host a Wine & Microbrew Tasting from 6 to 8 p.m. at One Cottage St., Easthampton. Proceeds raised from the event will benefit the chamber’s community programs. Organizers expect more than 50 wines and microbrews to be available for tasting, as well as fine food and a raffle. Tickets are $25 per person or $30 at the door. To purchase tickets, call the chamber office at (413) 527-9414 or visit www.easthamptonchamber.org.

Leadership Development & Teambuilding

June 15: SkillPath Seminars will present a daylong conference titled “Leadership Development & Teambuilding” at the Holiday Inn, 711 Dwight St., Springfield. Workshops include: “Developing the Leader within You,” “30 Tips for Becoming an Inspired Leader,” “It All Starts with You … Discover Your Team Player Style,” and “Building a Team That’s a Reflection of You.” Also, “Leadership Mistakes You Don’t Have to Make,” “Light the Fire of Excellence in Your Team,” “Speak So Others Know How to Follow,” “Positive Feedback … the Fuel of High Performance,” “A Team Approach to Dealing with Unacceptable Behavior,” and “What Teams Really Need from Their Leaders.’ The conference is targeted for managers, supervisors, team leaders, and team members who would like to learn skills to motivate, inspire, lead, and succeed. Enrollment fee is $199 per person. or $189 each with four or more. For more information, call (800) 873-7545 or visit www.skillpath.com.

Departments

Dawn Creighton has been named Regional Director of Member Relations for Western Mass. by Associated Industries of Mass. (AIM), based in Boston. In her new position, Creighton will work with AIM-member firms and organizations to ensure they are fully aware of the range of resources and services that are available to them, and to serve as a liaison with a number of civic and business groups operating throughout the Pioneer Valley that are concerned about the state’s economic prospects for the future.

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Dr. Jeanne S. Steffes has been named Vice President for Student Affairs and Dean of Students at Western New England College in Springfield.

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Tighe & Bond in Westfield announced the following:
• Paul Fiejdasz, P.E., LEED AP, CEM has joined the company as a Mechanical Engineer. He adds 15 years of experience in all aspects of mechanical building systems including HVAC, plumbing, and fire protection; and
• Amy Lane, P.E., was the winner of the Young Professionals Fresh Ideas Contest for the best presentation given by a young professional at New England Water Works Association’s 2009 Spring Regional Conference and Exhibition in Worcester. Her presentation, titled “Water System Improvements in the Town of Amherst,” discussed the challenges coordinating upgrades to one of the town’s wells and its surface-water-treatment plant with the unique seasonal demand patterns of a college town.

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Greenfield Co-operative Bank announced the following:
• William F. Ahlemeyer has been promoted to Senior Vice President-Commercial Lending;
• Christine M. Eugin has been promoted to Senior Vice President-Residential Lending;
• Deborah J. Falcon has been promoted to Senior Vice President-Retail Banking;
• Eric A. Marsh has been promoted to Senior Vice President, Treasurer, and CFO; and
• Mary J. Rawls has been promoted to Compliance Officer.

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Bulkley, Richardson and Gelinas, LLP has elected William E. Hart as Partner. Hart has been counsel to the firm during 2007 and 2008. He practices in the areas of estate planning and probate, taxation, real estate, and business matters, and has been named co-chairman of the firm’s Estate Planning and Administration Department. Hart practices from the firm’s offices in Amherst at 21A Pray St. and in Springfield at 1500 Main St.

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The Women’s Partnership, a division of the Affiliated Chambers of Commerce of Greater Springfield, has named Nancy Mirkin of Hampden Bank as its 2009 Woman of the Year recipient. Mirkin is Vice President in the Business Banking Division at Hampden Bank, where she has worked for 13 years. Mirkin has also been involved with several organizations over the years, and currently volunteers with the Credit for Life-Financial Literacy Program and Habitat for Humanity Women Build II. The annual Woman of the Year Banquet is planned for June 23 at the Log Cabin in Holyoke.

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Shatz, Schwartz and Fentin, P.C., TD Banknorth, and Moriarty & Primack, P.C., recently co-sponsored a seminar titled “Fraud Prevention” at the Springfield office of TD Banknorth. Speakers included Michael O’Reilly, special agent, Federal Bureau of Investigation; Gene Griffin, postal inspector, U.S. Postal Inspection Service, and Susan Chamberlain, director of Cash Management of TD Banknorth, who shared the sophistication of fraudulent activities of current times and the proactive solutions to protecting personal data.

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The American Council on Education (ACE) Board of Directors has named Evan S. Dobelle, president of Westfield State College, to serve on the council’s Commission on Effective Leadership. The national commission advises ACE and also guides the ongoing development of Center for Effective Leadership programs and directs new initiatives. It serves as a forum for member presidents to explore issues related to leadership and institutional development in higher education.

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John R. Cristoforo has joined the Insurance Center of New England in West Springfield as an Account Executive in the personal lines division.

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Kathleen P. Mullin has been appointed Vice President and Credit Risk Manager at PeoplesBank.

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Lori A. Siedlarczyk-Nadeau has joined TD Insurance in West Springfield as a Sales Executive in the small-business division. She consults on employee benefit plans to small businesses.

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Martin Kane recently completed 80 hours of training as an Auctioneer at the International Auction School in South Deerfield. He is now a licensed auctioneer in Massachusetts. Kane is also a commercial real estate broker with King & Newton, LLC Commercial Real Estate in Springfield. In addition, he is a board member of the new Realtors Commercial Alliance, and president of Sanford Management Services Inc.

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Dr. Catherine Spath, a board-certified Orthopedic Surgeon, has joined the Cooley Dickinson Hospital medical staff in Northampton.

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David J. Martel, a Partner in the law firm of Doherty, Wallace, Pillsbury & Murphy, has been honored with the Leadership Institute’s Community Service Award for exceptional commitment to the Greater Springfield community.

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Adrienne M. Connolly, co-owner of Stinky Cakes in Springfield, has been recognized as one of the top 200 mom-owned businesses in StartupNation’s 2009 Leading Moms in Business Competition. VerticalResponse sponsored the competition, which recognizes the achievements of mothers across the country who run outstanding businesses.

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Gail Young, Breakfast Hostess at the Hampton Inn Hadley-Amherst, was recently honored by Hampton Hotels with the Spirit of Hampton Award, signifying Young as a top performer within Hampton Hotels.

Departments

Business Market Show

May 13: The Affiliated Chambers of Commerce of Greater Springfield Inc. will showcase the products and services of some 200 regional businesses at the 2009 Business Market Show Conference and Exhibition at the MassMutual Center in Springfield. The seventh annual Taste the Market will also be conducted during the show, featuring food prepared by restaurants and caterers chosen and sponsored by participating exhibitors. The day begins at 7:15 a.m. with the May Breakfast Club, featuring speaker Gov. Deval Patrick, who will share his insights on the state’s upcoming fiscal year as well as some of the current initiatives of his administration. Doors to the show will open following the breakfast at 9 a.m. In addition, there will be a host of free business seminars offered throughout the day. A complete schedule of seminars and exhibitors can be found at www.businessmarketshow.com. A microbrew tasting given by Azon Liquors is planned from noon to 2 p.m., and the Taste the Market will be conducted from 3 to 5 p.m. The conference and exhibition ends at 5 p.m.

World’s Largest Pancake Breakfast

May 16: Springfield’s annual breakfast of hot, hearty pancakes will be served by hundreds of volunteers from 8 to 11 a.m. on Main Street to celebrate the city’s 373rd birthday. The family-friendly event includes breakfast, entertainment and interactive activities. Tickets cost $1 for children, $3 for adults, and are free to area students with a complimentary ticket distributed through area school systems. For more information, visit www.spiritofspringfield.org.

Brown Bag Lunch Series

May 21: Amherst-based Marigold Fund founder Gary Moorehead will present a lecture titled “Afghanistan Lives and Labor” at noon at One Financial Plaza Community Room, third floor, 1350 Main St., Springfield. The lecture, part of the Instant Issues Brown Bag Lunch Series, is sponsored by the World Affairs Council of Western Mass. Moorehead has lived in Afghanistan since 2003, founding Marigold Fund in 2004. Until 2008, he worked as a program manager on projects funded by the U.S. State Department and others, building schools and homes for returning refugees. The cost of the lecture is $8 (bring a lunch) or $15 (tuna, turkey, or vegetarian sandwich). Reservations must be made by calling (413) 733-0110.

Estate Planning Workshops for Parents

May 27, June 3: Attorney David K. Webber of Shatz, Schwartz and Fentin, P.C., with offices in Springfield and Northampton, will present two free workshops titled “Estate Planning Workshops for Parents of Young Children” at the Sunderland Library Community Room, 20 School St. Workshops are planned from 5:30 to 7:30 p.m., and are open to the public. Pre-registered participants will be offered the opportunity to complete a will, health care proxy, and durable power of attorney at a reduced rate. For more information and to register, call (413) 737-1131.

Economic Illusions Lecture

May 28: Edward Guay, principal of Wintonbury Risk Management in Bloomfield, Conn., will present a lecture titled “Recovering from Economic Illusions and Global Credit Shocks” at noon at One Financial Plaza Community Room, third floor, 1350 Main St., Springfield. The lecture, part of the Instant Issues Brown Bag Lunch Series, is sponsored by the World Affairs Council of Western Mass. Guay is a global macro strategist. He has a long history of accurately predicting major shifts in business, financial, and political conditions. Guay specializes in the identification of those forces for change that will shape future events, either gradually or in climactic fashion, causing consensus business, investment, political, or geopolitical strategies to go awry. The cost of the lecture is $8 (bring a lunch) or $15 (tuna, turkey, or vegetarian sandwich). Reservations must be made by calling (413) 733-0110.

Leadership Development & Teambuilding

June 15: SkillPath Seminars will present a daylong conference titled “Leadership Development & Teambuilding” at the Holiday Inn, 711 Dwight St., Springfield. Workshops include: “Developing the Leader within You,” “30 Tips for Becoming an Inspired Leader,” “It All Starts with You … Discover Your Team Player Style,” and “Building a Team That’s a Reflection of You.” Also, “Leadership Mistakes You Don’t Have to Make,” “Light the Fire of Excellence in Your Team,” “Speak So Others Know How to Follow,” “Positive Feedback … the Fuel of High Performance,” “A Team Approach to Dealing with Unacceptable Behavior,” and “What Teams Really Need from Their Leaders.” The conference is targeted for managers, supervisors, team leaders, and team members who would like to learn skills to motivate, inspire, lead, and succeed. The enrollment fee is $199 per person, or $189 each with four or more. For more information, call (800) 873-7545 or visit www.skillpath.com.

Sections Supplements
What You Need to Know to Profit in the Current Real-estate Market

As commercial vacancy rates continue to increase and property values decrease, the region is faced with more commercial real estate on the market. These properties may become distressed if property owners don’t address the hard realities of their real-estate holdings and enter into sometimes difficult discussions with their lenders and/or sources of capital.

Nationally and in our region, certain industries are being hit harder than others. Three that come to mind are hospitality, retail, and financial services. Here are some of the reasons why.

Companies are controlling costs by decreasing travel budgets, while individuals are reducing leisure travel to save money. Both of these situations translate into reduced occupancy rates at hotels.

Certain retailers are focusing on top-producing locations and closing locations that don’t contribute enough to the bottom line. Other retailers have already disappeared from the landscape and are unlikely to return.

Financial-services companies are trimming human resources and searching to reduce operating costs. Do they still need the same amount of office space?

Overall, most businesses are looking for ways to reduce operating expenses. To do so, many are renegotiating rental rates.

As a whole, the hospitality, retail, and financial-services sectors are substantial users of real estate. When they contract space to maintain their operations, the market can be left with a variety of empty buildings. On the other hand, property owners of certain types of real estate may be more immune to some of the downward drafts caused by the regions’ economy. But they still need to keep a watchful eye.

The contractions in today’s market are stressing the real-estate industry in the form of lower rental revenues and property values. Complicating the matter is the difficulty some property owners and developers have accessing cash and credit.

Property owners who borrowed money for a project based upon a specific value of the property at that time and who have an interest in selling the property or restructuring the debt may be ‘upside-down.’ In other words, they may owe far more on their mortgage than the property is worth today.

The Cap-rate Factor

Many of the financial problems inherent in our economy, such as reduced consumer confidence and spending as well as reductions in employment, contribute greatly to contractions in rental income and net operating income (NOI) for income-producing real estate. However, another factor that has significantly affected the fair market value of these properties is the increase in capitalization or ‘cap’ rates.

A cap rate is based on the rate of return that an acquirer of a property is looking to earn (assuming no debt on the property). The most common way that income-producing properties are valued (and therefore sold or purchased) is by applying the cap rate to a property’s net operating income. Changes in cap rates are based on market factors and can have significant impact on the ultimate value of a property.

For example, if a property generates $800,000 in annual net operating income and the market cap rate for this property is 8%, then the value of the property would be equal to $10 million ($800,000/8%). However, if cap rates increase (which they have) and the new cap rate is 10%, this property would now be worth $8 million. Additionally, if the NOI decreases by 20% to $640,000, the value of this property now becomes $6.4 million.

As illustrated by this example, what we see today are rising cap rates and decreasing income from properties, which fuels declining property values. This combination creates challenges for property owners with loans to repay and lenders with decreasing values of loan portfolios. In short, property owners may be left holding undervalued real estate when compared to the original purchase price and the outstanding debt on the property.

Some lenders are looking to divest themselves of non-performing, undervalued notes discounting them by as much as 60% in some parts of the country. However, even at deeply discounted rates, some properties may not be a good value. For instance, if a lender applies a 25% discount to a $4 million note written in 2002 and the current value (because of credit issues with tenants, contraction of net operating income, and increased cap rates) of the property collateralizing it is less than $3 million, this may not be such a great deal.

The decreasing value of property is one of the characteristics leading to the credit crunch. Even though local and regional lenders are writing commercial real-estate loans to creditworthy clients, national lenders are most often looking to establish and strengthen relationships with the most-experienced and financially sound real-estate companies. Many investors still need access to capital to restructure debt and finance new projects.

Profiting with Distressed Properties

For clients with cash and access to credit, there are opportunities to pursue in the region. However, it must be ‘patient money.’ If you’re acquiring a distressed property with pre-existing tenants, do your research. When evaluating a potential acquisition, the final decision is as much a marketing decision as a financial one. Here are some questions to consider:

  • What is the credit-worthiness of the tenants?
  • What are the lease rates and lengths?
  • What is the realistic rate at which you think current tenants will renew their leases?
  • What is the realistic marketability of the project given its location and the activity in the market?
  • Will you need financing for the project? Where will you get it?
  • Which lenders in the market are active?
  • How long can you support the property if it generates a negative cash flow?
  • What are the tax consequences of the deal?
  • This whole scenario, unless intelligently discussed, can be fraught with confusion, frustration, dead ends, and unique circumstances.

    If property owners and managers can look forward and realistically project their ability to retain their tenants, attract new tenants, negotiate their operating costs, and maintain a flow of capital, they will be better able to weather the storm and build a solid foundation for the future.

    When charting a course through today’s economic obstacles, a seasoned real-estate accountant is invaluable. Such an individual can anticipate challenges before they arise and revise business and financial models to position the organization for success. For instance, if a client is going through debt restructuring, it’s important that their accountant communicate with lenders to evaluate acquisitions and divestitures and help them minimize tax consequences.

    As real-estate companies and lending institutions throughout the region find themselves adjusting to the distressed commercial real-estate market, we advise working together in a spirited effort. By doing so, we will position our region for economic growth and prosperity.v

    Ed Kindelan is Real Estate Services Group leader at Kostin, Ruffkess & Co., LLC, a certified-public-accounting and business-advisory firm. Beyond traditional accounting, auditing, and tax consulting, the firm also specializes in employee benefit plan audits, litigation support, business valuation, succession-planning business consulting, forensic accounting, wealth management, estate planning, fraud prevention, and information-technology assurance. The company has offices in Springfield, as well as Farmington and New London, Conn.; (860) 678-6000;www.kostin.com

    40 Under 40 Class of 2009

    Gina Barry

    Age 36: Shareholder Attorney, Bacon Wilson, P.C.

    Gina Barry wasn’t one of those kids who always knew she’d be a lawyer. In fact, she was more interested in marine biology or horse training — until a guidance counselor saw some legal aptitude in her and coaxed her into law.

    It took her awhile, but she eventually found a niche she loved.

    “In law school, I started to gear myself toward elder law and estate planning because I’ve always been someone who wants to champion the underdog, and protect individuals who often — not always, but often — need a strong advocate on their side,” she said.

    “I see people in the middle of great family turmoil,” Barry added, noting common challenges like paying for nursing-home care. “We can devise a plan so that they see the light at the end of the tunnel. I like being able to resolve those issues so the family remains intact.”

    And not just people. Her love for animals has led Barry to cultivate an aspect of her practice that handles estate planning for pets. Because Massachusetts law does not allow money to be bequeathed to an animal for its future care, she creates monetary trusts that benefit a specific caregiver with instructions to care for the pet — whether a dog, a cat, a horse, even (in at least one case) a llama.

    But Barry doesn’t stop there. She recently launched a nonprofit called The Joy of Jasper that rescues at-risk horses and provides care for them for the remainder of their lives, and also involves at-risk youth in that care.

    “When I was a girl, I had a horse named Jasper who was literally my best friend and helped me through a lot of teenage issues, including self-esteem and even discipline issues,” said Barry. “I wanted to bring horses back into my life in such a way that I could share that experience with other teenage girls.”

    Sounds like they need a strong advocate on their side.

    —Joseph Bednar

    Sections Supplements
    Enhanced Protection Available for Those Needing Guardianship

    A new law will take effect in Massachusetts on July 1 relative to guardianships. This issue has been debated and discussed for more than 20 years, and this law is intended to create uniformity among all states across the country; 13 states enacted the law in 2008.

    Until now, in Massachusetts, most issues regarding the administration and legal requirements of guardianships were decided on a case-by-case basis. The new law is more than 100 pages long, and one article applies primarily to the protection of disabled people and their property.

    Most provisions of the Uniform Probate Code relating to the settlement of deceased people’s estates do not become effective until July 1, 2011. In Massachusetts, however, over the past year, changes have been made to both the ‘petition for guardianship of a person’ and the medical certificate required to be filed with the court for a finding of incapacitation. These forms were implemented in order to reflect society’s changing view of incapacitated individuals and preserve those people’s rights.

    The court has redefined the requirements to determine that a person is incapacitated when they are unable to attend to their own affairs and are in need of a guardian. In addition, some of the terminology that was utilized for many years is now going to be changed. As an example, in the past, a person who was determined by the court to be incapacitated was referred to as a ‘ward.’ This term is now reserved solely for the guardianship of a minor. Any other person who needs a guardian is determined as an ‘incapacitated person,’ a ‘person in need of services,’ or a ‘protective person.’ Court personnel, attorneys, and the public will have to learn the new terminology as well as, potentially, new forms, procedures, and standards.

    Here are some of the highlights of the measure:

    • Any petition over a protective person must be served on that person, and that individual has a right to appear at a hearing. In addition, if that person so requests, they may, but do not have to be given, a right to a closed hearing. It is uncertain how this will be conducted, but presumably, the courtroom will be closed to all parties not having an interest in that particular proceeding.
    • A person has a right to counsel. This was not always the rule in the courts regarding a civil proceeding. This right to counsel has been expanded to apply to the person in need of protection. In addition, the statute also provides that consideration should be given to that person if he or she is 14 or more years of age as to the selection of a guardian.
    • To the extent that the person has assets, then their counsel should be compensated from those until the court determines otherwise. If the person to be protected is indigent, then their counsel may be paid by the Commonwealth, but it is uncertain as to where that money will come from and at what rate or by what standard their counsel should be compensated.
    • At the current time, a person may always select their counsel, but in some cases, a person who is not competent, but thought they were, may or may not have the right to select counsel of their own choosing. As a further safeguard for the person, in the event that the court finds it necessary or beneficial, the court may appoint a guardian ad-litem who may be a lawyer, public social worker, or charitable agency to investigate the condition of the person, their affairs, living arrangements, etc., and report to the court to allow the court to make a better decision. Note that a guardian ad-litem does not advocate for the incapacitated person, but reports to the court as the ‘eyes and ears’ of an independent investigator that provides additional information.
    • A new provision provides that there is a prohibition against a person being appointed as a guardian when that person is being investigated or has charges pending for committing an assault and battery that resulted in a serious bodily injury to a minor or incapacitated person. There will presumably be a CORI investigation done to determine each petitioner’s status and ensure that they are not a prohibited party.
    • The terminology of ‘guardians’ and ‘conservators’ has been relatively interchanged for years in the probate courts. Under the new law, a guardian is charged with making decisions regarding the incapacitated person’s support, care, education, health, and welfare. A person’s financial matters are to be managed by a person who is now going to be called a conservator. Therefore, if a person is seeking to be designated as responsible for a protected person’s personal care and financial matters, this person will have to request that the court appoint them as both a guardian and conservator. Of course, these matters may be consolidated into one, but separate documentation may be required by the court.
    • While each competent person has always been encouraged to establish a health care proxy and durable power of attorney during their lifetime, it is increasingly more important to do so. The health care proxy will attend to one’s medical decisions in the event of incapacitation, while the durable power of attorney will attend to financial decisions, and thus allow either the same or different people to make decisions relative to the principal’s affairs.
    • With proper execution while competent, these two very important documents allow a person to make decisions for himself or herself and avoid the need for guardianship. Naturally, if there is disagreement within the family over decisions made by the agent under the health proxy or power of attorney, the family would be able to bring a petition with the probate court and seek to either have the agent removed or have a guardian or conservator appointed.

      However, information in prior documents must be disclosed on the petition for guardianship filed with the court so the judge will have information as to whom the protected person nominated while he was still competent.

      Under the new act, the guardian may have to request specific authority to have a protected person institutionalized in a long-term care facility. Hopefully, this special request can be made within the original petition for guardianship. If not, then after a guardianship is allowed, the guardian may need to file a separate or supplemental petition for additional authority to require the permanent institutionalization of the protected person. Naturally, this will cause additional emotion, time, publicity, and cost.

      Within the framework of the new law, there is additional language that encourages the courts to review guardianships and possibly allow one on a limited basis, rather than making a full determination that the person is incapacitated and has no rights to make any decisions regarding his or her own care and finances.

      In the past, it was the duty of a guardian to file an account with the probate court. As a condition of their bond, the new law mandates that the guardian/conservator report all assets that may be coming under their control within 60 days following their appointment and file an account on an annual basis. With the advent of new, sophisticated software, it is likely that the court will be proactive in requiring fiduciaries to file accounts.

      In the event that the guardian/conservator does not provide an account in a timely fashion, or in the event that the judge is not satisfied with the decisions that the guardian/conservator is making, then the fiduciary could be removed and a successor fiduciary be appointed by the court.

      All in all, these changes are intended to further protect the rights of anyone needing guardianship. Hopefully, the provisions of the new law will be carried out as intended and enacted.

      Attorney Hyman G. Darling is chairman of Bacon Wilson, P.C.’s Estate Planning and Elder Law departments. His areas of expertise include all areas of estate-planning, probate, and elder law. Darling hosts an estate-planning blog atbwlaw.blogs.com/estate_planning_bits; (413) 781-0560;[email protected]

      Departments

      Anthony P. Simone has been named AVP-Wealth Management Advisor at The Bank of Western Massachusetts in Springfield.

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      Charter Oak Insurance and Financial Services Co. in Holyoke reported that Stewart Creelman, a Certified Financial Planner, recently marked his 50th anniversary with Massachusetts Mutual Life Insurance Company (MassMutual). Charter Oak is one of the largest MassMutual agencies in the country.

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      The Board of Directors of Berkshire Life Insurance Company of America, based in Pittsfield, announced the following:
      • Brian J. Cunningham has been elected Director, Claims. In his new role, he oversees the company’s delivery of high-quality claims services to its policyholders. He also lends claims risk-management perspective to Berkshire Life’s product-development efforts and contributes to ongoing agent/broker and client-education efforts.
      • Donna N. Lagarce has been elected FLMI, Director, Project-management Office. Lagarce is charged with building out enterprise-wide project-management methodologies, reporting tools, and policies.
      • Tara M. Tereso has been elected Director, Marketing Services. Tereso’s principal responsibilities are to collaborate with business area clients to create strategic marketing campaigns in support of the company’s business plan.

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      The Polish National Credit Union in Southampton announced the following:
      • Carol A. Desrosiers has been named Branch Manager;
      • Heather Huot has been named Assistant Manager; and
      • Sarah Harrington has been named Head Teller.

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      PeoplesBank announced the following:
      • Karen J. Buell has been promoted to Internet Branch Officer.
      • Xiaolei Hua has been promoted to Project Management Officer.

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      Bacon Wilson P.C. in Springfield has announced that Partner Michael Katz has received the prestigious Sadowsky Visionary Award from the Jimmy Fund. The award is given to “someone who demonstrates extraordinary commitment to the Jimmy Fund and the mission of the Dana Farber Cancer Institute by conceiving, leading, or dedicating themselves to an event or activity that delivers annual financial support and/or long-term volunteer commitment.” Katz is co-chairman of the firm’s Bankruptcy Department. He is also a past president and current member of the board of directors of the Jimmy Fund Council of Western Mass., and serves on the Jimmy Fund Advisory Committee for the Dana Farber Cancer Institute.

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      Tastefully Simple announced the following:
      • Carleen Mullin has received the Top Sales Achiever in Location Award.
      • Katrina Deragon has received the Top Team Sales in Region Award.
      • Marva Walting has received the Top Team Sales in Location Award.
      All awards were presented during Tastefully Simple’s On Tour event in Boston, which unveiled the company’s spring-summer product line.

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      Morrison Mahoney LLP has appointed Attorney Jennifer A. Hylemon as a Partner of the firm and a member of the Medical Professional Practice Group in Springfield. Hylemon’s practice is concentrated in the areas of medical malpractice, professional liability, general liability, and workers’ compensation litigation.

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      Joanne St-Germain was among the top Avon representatives who recently attended a weekend at the Beverly Hilton Hotel in Hollywood, Calif., for division and district managers. Representatives were chosen based on their fourth-quarter sales performance compared to the prior year.

      •••••
      Joanne Lusignan, with Home & Garden Party, recently attended the company’s leadership convention in Cincinnati, Ohio, that featured guest speakers and training workshops from Feb. 26-28. Home & Garden Party announced the acquisition of Home Interiors during the convention, as well as its new name, Celebrating Home.

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      Adrian L. Rawn has joined TD Banknorth as a Business Banking Officer in Springfield. He provides a range of services, including loans, deposits, commercial real-estate financing, and lines of credit, to businesses throughout Hampden and Hampshire counties.

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      Comcast has promoted Andy McCarthy to Vice President of Engineering and Technical Operations for western New England. McCarthy will oversee the engineering planning, development, and deployment of new products throughout the region while also working to ensure the reliability and resiliency of Comcast’s converged fiber-optic network.

      •••••

      Jewish Geriatric Services announced the following:
      • Danielle M. Withroder has been named Development Coordinator;
      • Celina Conway has joined the Ruth’s House staff as Director of Community Relations;
      • Christine M. Cronin has been named Wellness Nurse at Ruth’s House; and
      • Jennifer A. Haber has accepted a Social Worker position at the Julian J. Leavitt Family Jewish Nursing Home.

      •••••

      Dr. Michael Caban has joined the orthodontic practice of Dr. Robert Leff.

      •••••

      Chicopee Savings Bank announced the following:
      • Russell J. Omer has been promoted to Executive Vice President;
      • Wayne L. Webster has joined the bank as Vice President of Commercial Lending;
      • Elizabeth A. Wilk has been promoted to Vice President;
      • Elizabeth M. Maroney has been promoted to Assistant Vice President;
      • Guida R. Sajdak has been promoted to Senior Vice President of Commercial Lending;
      • Luke D. Kettles has been promoted to Senior Vice President of Commercial Lending;
      • Kathi L. Donahue has been promoted to Senior Vice President of Commercial Lending, and
      • Darlene M. Libiszewski has been promoted to Senior Vice President of Information Technology.

      •••••

      Anthony F. Roda has joined TD Banknorth as the Store Manager at 243 Triangle St., Amherst. He is responsible for managing day-to-day operations at the location and developing and overseeing small business loans, deposit accounts, consumer lending, and investment and insurance services.

      •••••

      Attorney Carol Cioe Klyman, a Shareholder of Shatz, Schwartz and Fentin, P.C., of Springfield, recently participated in the panel discussion “Practicing Outside the Box: Atypical Practice Areas for Attorneys of Color,” at the annual regional convention of the National Black Law Students Assoc. at the Springfield Marriott. Klyman discussed the rewards of assisting elders, disabled individuals, and their families in special needs, long-term care, and estate planning, and acting as advocates for these clients in areas such as consumer protection claims and trust and estate litigation.

      •••••

      Attorney L. Alex Hogan, with Shatz, Schwartz and Fentin, P.C. in Springfield, recently spoke to a group of South Hadley High School students on personal finance as part of the M. Ellen Carpenter Financial Literacy Program offered at the school. Hogan practices in the areas of business law, business litigation, and bankruptcy.

      •••••

      Laurie Long has been promoted to Senior Vice President of Operations at D.J. St. Germain Investment Management Co. As a certified Microsoft professional, Long provides expertise in the areas of programming, user training, software applications, and systems analysis.

      Sections Supplements
      Navigating and Advocating for Families with Special-needs Children

      It is difficult enough for parents and family to ensure their child is receiving an appropriate education in today’s education model without the added difficulty of navigating the often-barely chartered waters of special education. Parents of ‘mainstream’ children must advocate and stay involved in the day-to-day schooling activities in order to obtain the best education available to their children. This can be daunting without the emotional stress of dealing with the challenges of our children, a system filled with acronyms, and a process and procedure that can be confusing on a good day.

      Navigating the waters of special education can be made easier by a basic understanding of the rights, rules, and regulations that govern the school districts when deciding if a student is eligible for special education and, if so, what services that student will receive.

      School districts are subject to state and federal laws that provide detailed procedures to ensure that a student receives a FAPE (free appropriate public education) during the entire time he or she is eligible for special education. Because special education is such a highly complex and regulated area of the law, it is in the parents’ best interest to seek assistance to understand the special-education process. The more informed and well-advised the parent, the more they can make of the opportunity to be a part of the design and development of their child’s educational experience.

      The idea that you, the parent or person with custody of the child, will work in partnership with the school district is essential to the process of providing a FAPE for that child. In doing so, you will be a member of the IEP (individualized education plan) team for the student, which is charged with the development of an IEP. Both state and federal laws provide that the IEP be tailored to the student’s unique needs to provide sufficient services to enable the student to make meaningful educational progress and to assist the student in the acquisition of knowledge and skills, including social and emotional development based on appropriate chronological and developmental expectations.

      Services to be provided to the student will be at no cost or expense to the family as part of the public-education program. It is also required that students in private schools at private cost are entitled to a FAPE if they want to take advantage of public educational services.

      In order to determine eligibility for special services, the student is referred for an evaluation. Parental consent is required before the school can evaluate or test a child. However, the school can review existing data, give your student a test or other evaluation that is given to all students (i.e. MCAS or classroom tests) that are part of the general education program, or share information with federal or state educational officials without parental consent.

      Such parental consent is required before your school district can provide special-education and related services to your student for the first time; to make a change in services, placement, or reevaluation; or to excuse members of the IEP team from attending a team meeting.

      As the student’s advocate, you will be entitled to prior written notice from the school district when it proposes or refuses to take steps to identify your student as one with a special need, to evaluate your student, to provide special services to your student, or to change your student’s program. This is called ‘prior written notice’ by federal regulation, and the notice must state:

      What the school district proposes or refuses to do;

      Why the school district proposes or refuses to take the action; and

      How the school district came to this decision, including information about each evaluation procedure, assessment, record, or report that was considered.

      It must also describe any other options the IEP team considered and why those options were rejected.

      Let the advocating begin. You have the right to request an IEE (independent education evaluation) from an independent, qualified examiner at public expense, provided you meet financial-eligibility requirements, or at your own cost at any time. This IEE must be considered in 10 days by the IEP team to determine if any changes should be made.

      If disagreements about the IEP continue, the law provides for several methods of attempting to resolve the dispute. Initially, parents can bring the dispute to the attention of local public-school officials, and then, if still unresolved, they can use the services of the ESE (Department of Elementary and Secondary Education) Problem Resolution System. Mediation is another often successful option, and ultimately, if a hearing with testimony and witnesses is necessary, a due-process hearing through the BSEA (Board of Special Education Appeals) can be convened.

      At all times in this education planning process, the assistance of an advocate, attorney, or other qualified professional is recommended. The laws regulating special education are very complex and can be easily misinterpreted or not properly followed procedurally. In order to ensure that your child’s educational experience is smooth sailing, engaging the services of the appropriate advocate, attorney, or other professional is essential.v

      Julie A. Dialessi-Lafley, Esq. is a multi-faceted attorney with the law firm of Bacon Wilson, P.C., who focuses her practice areas in business law, real estate, estate planning, and administration and family law. She contributes to a popular Family Law Blog at bwlaw.blogs.com/ familylawbits; (413) 781-0560;[email protected]

      Departments

      Janice Ward, Esq. has been named Vice President and Trust Officer at Greenfield Savings Bank.

      •••••

      Kevin R. Day has been elected Senior Vice President/Chief Financial Officer for Florence Savings Bank.

      •••••

      Berkshire Life Insurance Company of America in Pittsfield announced the following:
      • Donna K. Owens has been named Director of Multi-Life Segment Marketing. In her role, Owens will identify strategic product, program, and service opportunities for expanding penetration into the worksite customer market by Guardian agencies and other distribution channels through Berkshire Life’s DI@Work offering;
      • Stephen J. Prunier has been named Second Vice President and Counsel. He will oversee Berkshire Life’s litigation practice, and
      • Laura B. Rosenthal, FSA, MAAA, has been named Actuary. As Actuary, Rosenthal is responsible for modeling field compensation for Berkshire’s products, as well as overseeing the integrity of experience analysis for pricing, valuation, and regulatory financial analysis.

      •••••

      Bacon Wilson, P.C. of Springfield announced that eight of its attorneys have been distinguished as New England “SuperLawyers” and another six have been distinguished as “Rising Stars” in the November issue of Boston magazine:
      • Attorney Paul R. Salvage has been named a “SuperLawyer.” He is the co-chairman of the Insolvency Department. His practice deals with bankruptcy matters, representing both creditors and individuals or companies facing financial difficulties;
      • Attorney Gary L. Fialky has been named a “SuperLawyer.” He is chairman of the Corporate Department. His practice is concentrated in business and banking law, with an emphasis on business formations, mergers and acquisitions;
      • Attorney Michael B. Katz has been named a “SuperLawyer.” He is co-chairman of the Bankruptcy Department. His practice is concentrated in business and insolvency law;
      • Attorney Paul R. Rothschild has been named a “SuperLawyer.” He is chairman of the Litigation Department. His practice is concentrated in general litigation, as well as personal injury, product liability, medical malpractice, and employer/employee disputes;
      • Attorney Stephen N. Krevalin has been named a “SuperLawyer.” He is the firm’s Managing Partner. His areas of expertise include general business matters, real estate, and domestic relations. He also has extensive experience in the area of shopping center/mall representation;
      • Attorney Hyman G. Darling has been named a “SuperLawyer.” He is chairman of the Estate Planning and Elder Law Departments. His areas of expertise include all areas of estate planning, probate and elder law;
      • Attorney Francis R. Mirkin has been named a “SuperLawyer.” Mirkin’s areas of practice include commercial and residential real estate and general business matters, as well as consistent involvement in commercial loan documentation, representing numerous area financial lending institutions and businesses;
      • Attorney Stephen B. Monsein has been named a “SuperLawyer.” He is a member of the Domestic Relations and Litigation Departments. His work is primarily concentrated on divorce cases, but he also handles personal injury cases and does OUI defense work;
      • Attorney Gina B. Barry has been named a “Rising Star.” She is a member of the Estate Planning/Elder Law Department whose practice includes estate-planning issues. Additional areas of expertise include guardianship, conservatorship, planning for long-term care, and residential real estate;
      • Attorney Justin H. Dion has been named a “Rising Star.” He specializes in insolvency, business, and financial matters. In addition to handling Chapter 7, 11, and 13 bankruptcies, he also does financial planning, conducts foreclosures, and handles collection matters for lenders;
      • Attorney Adam J. Basch has been named a “Rising Star.” He is a member of the Litigation Department whose areas of expertise include construction litigation, personal injury, general litigation, and commercial litigation;
      • Attorney Todd C. Ratner has been named a “Rising Star.” He is a member of the Estate Planning/Elder Law Department whose practice includes estate planning issues. Additional areas of expertise include commercial and residential real estate together with general business and corporate law;
      • Attorney Benjamin M. Coyle has been named a “Rising Star.” He is a member of the firm’s business and corporate, estate planning and elder, litigation, and municipal departments, and
      • Attorney Mark A. Tanner has been named a “Rising Star.” He concentrates his practice in plaintiff’s personal injury, civil litigation, and land use and zoning.

      •••••

      Lia sophia recently announced top honors for its Excellent Beginnings Program Achievers for their outstanding accomplishments. They are:
      • Michelle Gower of Chicopee, and
      • Rebecca Lafleur of South Hadley.

      •••••

      Allen J. Miles has been promoted to Executive Vice President at Westfield Bank. In addition to his responsibilities of managing the commercial department and the consumer loan area, Miles will be an active participant in helping to formulate the strategic direction of the bank.

      •••••

      The Springfield Rotary Club recently awarded seven Paul Harris Awards at its 94th Paul Harris Awards Banquet. Paul Harris recipients are:
      • Gary P. Fishlock of Westfield;
      • Susan A. Mastroianni of Agawam;
      • Brian P. Sears of Springfield;
      • Edward P. Sunter Jr. of East Longmeadow;
      • Julianne L. Dulude of Southwick;
      • Trevor J. Gay of Northampton, and
      • Springfield School Volunteers.
      A Paul Harris recognition is the highest honor a Rotary Club can bestow on an individual or group, who may or may not be a Rotarian.

      •••••

      The UMass Amherst Alumni Assoc. recently named Anna Symington its Executive Director. Symington has been serving as vice president of the alumni association’s board of directors, has served on numerous association committees, and is a life member of the association.

      •••••

      Glenmeadow Retirement recently announced its Board of Directors and Corporators as follows:
      • George C. Keady of Longmeadow, re-elected President;
      • Randall Locklin of West Springfield, re-elected Vice President;
      • Peter Landon of Longmeadow, re-elected Treasurer;
      • Mary Downey Costello of Springfield, re-elected Clerk, and
      • Mary Meehan of Longmeadow, elected board member.
      All are also corporators. Newly elected Corporators are:
      • Lisa Doherty of Longmeadow;
      • Christopher and Patty Gill of Longmeadow;
      • Howard Hausman of Longmeadow;
      • John McCarthy Jr. of Ware;
      • Kasha Novak of Longmeadow;
      • Alice Parker of Springfield;
      • Todd Ratner of Longmeadow, and
      • Ann Marie Rome of Longmeadow.

      •••••

      The Safety Council of Western New England announced the following:
      • Thomas Bonavita, safety and training manager for the Springfield Water and Sewer Commission, was elected as Chairman of the Board of Directors;
      • Maurice Lavoie, safety manager at Farmland Foods, was selected as the Vice Chairman, and
      • Alan Stratton of Solutia was chosen as Treasurer.
      Also, Dave Pasquini, Russell Fleury, and Robert Dionne were voted in as new board members. Sandi Gagner is the immediate Past Chair.

      Sections Supplements
      The Dangers of Estate-planning Software Programs

      The recent sophistication of software has contributed to an increase in homegrown estate planning. These mass marketers of legal services misinform people into thinking that they are saving money and that they are receiving sound legal advice. This is simply not true.

      As an estate-planning attorney, I felt an obligation to learn more about these sellers of legal advice. As such, I visited the Web sites and researched the software applications of several well-known estate-planning services.

      One of them called itself a ‘Legal Documentation Service.’ The service purported to “save time and money on common legal matters … and create reliable legal documents from your home or office.” Another purported to “help protect your family and your assets, and save on legal fees.”

      The process of preparing the documents among these companies was similar. Each required you to answer a series of questions, either online or via their software package, and your documents are prepared either instantaneously or within 48 hours. However, one software-based company suggests that you read an accompanying book, which is hundreds of pages in length. Although, you may not need to read the entire book, I do not understand how the public can decipher which parts to skip over and which to read thoroughly with only a basic understanding of estate planning. This seems like a hefty burden on the consumer and not quite the time-saver that the company publicizes.

      Intrigued, I moved forward. I started answering the will questionnaires of several services, and due to my own thorough understanding of the intricacies of estate planning, I was perplexed that my options were limited on these questionnaires. Among other issues, I specifically wanted to better understand my options regarding the inheritance distribution alternatives for my children:

      • Could the distribution ages be staggered so that the children would not receive a windfall at age 18?
      • Could I separate principal and interest?
      • Could my children approach the trustee for health or educational needs prior to the set distribution age?
      • So, I called the telephone number provided on one of the Web sites, and I spoke to a young woman who was very pleasant. But when I asked if she could provide me with examples of how I could distribute my assets to my children in the event that I survive my spouse, she simply stated, “you can distribute any way you wish.”

        Although this may be somewhat accurate, it did not truly answer my inquiry. I then asked if she was a practicing attorney, and she answered that she was not.

        This was just the first of many questions that I had about the questionnaire. Another question regarded whether or not I was required to state my desire for organ donation and cremation in my will instead of my health care proxy. The representative answered that I am only able to insert this information into the will. Many attorneys suggest that this language be included in one’s health care proxy because that document is usually reviewed prior to the will.

        As such, the will may be read by your loved ones well after your body has been buried, and therefore, your intent will not be adhered to. But several of these companies do not allow this flexibility.

        Additionally, with many services, nothing prevented me from including a disabled child, who would be receiving governmental assistance, as a beneficiary under the will. As experienced estate planners know, the receipt of assets by a disabled individual on governmental assistance most often disqualifies them from governmental benefits.

        One company uses the tag line: “We Put the Law on Your Side,” a claim that a law firm cannot make under the marketing rules that govern the legal profession. Nevertheless, the company claims to be a leading legal Web site. Huh? The people that work on the documents are not attorneys, and they cannot, by law, give legal advice.

        To further illustrate this point, one Texas court went so far as to declare that a software-based mass marketer of legal documents constituted the unauthorized practice of law because its process was too interactive and sophisticated.

        Most companies do a review, making sure that all answers are completed in the questionnaire and that all spelling is correct. These minor tasks are akin to a very narrow role as a proofreader of the consumer’s data entries. This has to be limited by law, since no attorney is involved in this process.

        These companies hope that you will never read their disclaimer or terms-of-use disclosure. One such disclaimer provides that they are not providing any legal advice, that their documents may not work in your situation, that their documents may not be valid in your state, and that you agree to hold them harmless for any consequences resulting from your choice to use their services rather than seeking the advice of an attorney. Another disclaimer provides that “this product is not a substitute for … an attorney” and “we’ve done our best … but that’s not the same as personalized legal advice” and “if you want help understanding how the law applies to your particular circumstances, or deciding which estate-planning documents are best for you and your family, you should consider seeing a qualified attorney.”

        How can this provide the end-user with the confidence that their estate-planning documents are both legally binding and appropriate to their particular situation?

        Probate law is strict and unforgiving. Good estate-planning attorneys work diligently to keep abreast of changes in the law through memberships in such organizations as the National Academy of Elder Law Attorneys Inc. and the Estate Planning Council of Hampden County, and through extensive, continuous reading and legal research. Creating your own legal documents provides a false sense of security, and the inaccuracies are usually discovered only when it is too late to do anything about them.

        Most people need the perspective that an impartial, experienced estate-planning attorney provides. You are playing with fire if you engage the services of these companies for the following reasons:

        • These programs largely disregard specific laws that can dramatically affect your estate;
        • Your unique issues and circumstances can be flushed out and addressed only through consultation with an attorney; and
        • You are not securing the experience and the knowledge of an attorney trained to handle the specific circumstances of your estate.
        • Another inaccuracy that I found regarded the fee structure. One company claims that, “with [the company’s] lawyer-free service you can save up to 85% off the rates an attorney would charge for the same procedure.” Upon a review of what the company claimed to be an estimated fee that an attorney would charge for the preparation of the will, I was flabbergasted. I can only speak for my firm, but our fee is approximately 4.5 times less than the estimated fee quoted on the Web site.

          Moreover, one company suggests that its service is equivalent to the services of an attorney, which is undoubtedly inaccurate as outlined above. In fact, a Colorado attorney boasts that he loves these online and software companies because he has been retained by individuals to correct mistakes included in documents prepared through one of these companies, and he has earned more than what he would have if he had performed the work in the first place.

          In conclusion, the subjects that typically matter the most to you — your health, your family, and your finances — warrant the attention of an experienced, trained professional who will put their bar license and malpractice insurance on the line to provide you with the advice, counsel, opinions, and recommendations that are essential to drafting a proper estate plan.

          People generally create estate plans for the peace of mind that they provide. The question is whether or not a software program and/or an unlicensed, uninsured, and largely unregulated document preparer can provide you with the peace of mind that your estate plan was done appropriately and addresses your specific needs.

          Todd C. Ratner is an estate planning, business, and real estate attorney with the Springfield-based law firm of Bacon Wilson, P.C. He is a member of the National Academy of Elder Law Attorneys and recipient of Boston Magazine’s 2007 Massachusetts Super Lawyers Rising Stars award; (413) 781-0560;[email protected]

          Sections Supplements
          Personal Income-tax Considerations for Tax Year 2008

          When it comes to the bottom line — meaning the one on your tax return — proper planning is of the essence. And to plan effectively, one must know the rules and how to play them. With proper insight, such as this end-of-year primer, individuals and businesses can make smart decisions that can add up — literally and figuratively — to substantial savings.

          The time to do your income-tax planning and implementation of tax-wise strategies is during the tax year, not after it has ended. Part of the reason for this is that there are very few tax-planning opportunities that can be implemented after Dec. 31.

          The Emergency Economic Stabilization Act, commonly referred to as the bailout bill, contained a substantial number of tax provisions and/or extensions of tax provisions that were scheduled to have expired at the end of 2007. These income-tax provisions may be a silver lining in an otherwise controversial and challenging piece of legislation.

          This article is intended to provide a summary of the more generally applicable rules and provisions for use in connection with preparing and filing your 2008 income tax returns. In fact, it could be used as a checklist for your review and consideration prior to contacting your tax professional before the end of the year, to see how you might be able to maximize the benefits that apply to you during these challenging economic times.

          The ‘Kiddie Tax’

          In 2007, a child’s unearned income beyond $1,700, such as gains and dividends, was taxed at the parents’ marginal rate until the child is 18 (previously, the threshold age had been 14). Although the threshold increases to $1,800 in 2008, the applicable age is raised to 19, and 24 for full-time students, whose earned income is less than half their support. This way, families can’t shift appreciated assets to their children to take advantage of the 0% rate on certain dividends and/or capital gains, as discussed below.

          Capital-gains Tax Rates

          Prior to 2008, long-term capital gains from the sale of assets held longer than one year were taxed at a maximum rate of 5% to the extent the seller was in the 10% or 15% tax brackets. In 2008, the 5% maximum rate drops to 0% through 2010. However, the 15% maximum tax rate on other long-term capital gains remains the same for all other tax brackets.

          Dividend Tax Rates

          Similarly, in 2008, the special 5% maximum rate on dividends of taxpayers in the 10% and 15% tax brackets drops to 0% through 2010.

          Increased IRA Contribution Limits

          In 2008, the maximum IRA (traditional or Roth) contribution increases from $4,000 to $5,000. Filers who will be age 50 before the end of 2008 can contribute another $1,000.

          Higher Income Limits for Deductible IRAs and Roth IRAs

          Even if you are covered by a retirement plan at work, you can still take a full IRA deduction if your modified adjusted gross income is less than $85,000 (married filing jointly) or $53,000 (single or head of household).

          The allowable deduction is phased out gradually until your adjusted gross income reaches $105,000 (married filing jointly) or $73,000 (single or head of household). The opportunity to contribute to a Roth IRA is now limited once your modified adjusted gross income rises above $159,000 (married filing jointly) or above $101,000 (single or a head of household).

          Indexed Tax Brackets

          One of the few benefits of inflation is that, due to indexing, the 15%, 25%, 28%, 33%, and 35% tax brackets for 2008 will all kick in at a bit more than 2% higher levels of taxable income than they did in 2007.

          Larger Personal Exemptions

          Under the theme ‘every little bit helps,’in 2008, each personal exemption you can claim is increased by $100 to $3,500.

          Higher Standard Deductions

          Along that same theme, in 2008, the standard deduction for those taxpayers married and filing a joint return increases by $250 to $10,950.

          For single filers, the amount increases by $100 to $5,450; and for heads of household, the amount increases by $200 to $8,050.

          Itemized Deductions and Personal Exemptions

          For years, itemized deductions and personal exemptions have been phased out (reduced) as income rose. In 2008 and 2009, these reductions are a bit less painful. This limitation in itemized deductions happens when your adjusted gross income (AGI) exceeds $159,950, regardless of your filing status. Your itemized deductions are reduced by 1% (formerly 3%) of the amount by which your AGI exceeds $159,950, but you can never lose more than 80% of your itemized deductions.

          Also, your medical expenses, investment-interest deduction, deductible gambling losses, and any casualty and theft losses are not subject to the cut. Personal exemptions are reduced by 2% for each $2,500 of AGI over $239,950 for married filing jointly, $199,950 for heads of households, and $159,950 for singles, but the reduction cannot exceed $1,167 per exemption.

          Increased Section 179 Expense Deduction

          The maximum amount of equipment placed in service in 2008 that businesses can expense (deduct in full rather than depreciate over a period of time) increases by $3000 to $128,000. The annual investment limit increases to $510,000 for 2008. Thus, you won’t lose the benefit of expensing until you place more than $510,000 of assets in service in 2008.

          Tax-free Parking for Employees

          In 2008, employees are not taxed on up to $220 a month of employer-paid parking. The cap on the tax-free transit passes their employers can give rises to $115 a month.

          State and Local Sales-tax Deduction

          The opportunity for itemizers to choose to deduct their state sales-tax payments instead of deducting their state and local income taxes has been extended through the end of 2009.

          Educators’ Deduction

          Also extended through the end of 2009 is the deduction for up to $250 of teachers’ classroom supplies.

          Tuition and Fees Deduction

          Appropriately, in the face of the ever-increasing costs for higher education, the deduction for up to $4,000 of college tuition and fees is also extended through the end of 2009.

          Direct Donations of IRAs to Charity

          Another example of a positive extension provided in the bailout bill is that IRA owners age 70 or older are allowed, for years 2008 and 2009, to continue to make tax-free contributions up to $100,000 from their IRAs to qualified charitable organizations without having to report the withdrawal as income and then deduct the donation as a charitable contribution.

          Additional Standard Deduction for Real Property Taxes

          A new tax provision enacted as part of the Housing Assistance Tax Act of 2008 allows homeowners to claim an additional standard deduction for real property tax if the taxpayer does not itemize. The additional amount is limited to $500 or $1,000 for joint filers. Homeowners can still deduct real property taxes and mortgage interest as an itemized deduction. However, now homeowners who don’t have enough itemized deductions to exceed their standard deduction by the otherwise deductible amount noted above for real property taxes could be better off using their standard deduction.

          Alternative Minimum Tax Patch

          In what is one of the more important components of the bailout bill not relating to the economic stabilization efforts, the patch to the Alternative Minimum Tax (AMT) was extended through 2008. The AMT is a supplemental tax calculation established by the Internal Revenue Code many years ago as part of an effort to try to make sure that higher-income individuals would pay an income tax in spite of their best efforts to use tax-avoidance strategies. When the legislation was written, it did not provide for an increase in the personal exemptions applicable to the tax calculation. The unintended result was that, as more, so-called middle-class taxpayers have seen their earnings increase, more and more of them have been ensnared by this well-intentioned but flawed legislation. Approximately 22 million taxpayers could have seen their 2008 income tax bills rise by anywhere from $2,000 to $7,500.

          Generally speaking, it is good strategy for people not to think of their tax return as a destination. Don’t measure the ‘wonderfulness’ of the tax return in question by the size of your refund or balance due. That figure is only a function of how accurately you had your taxes withheld and/or set up your estimated tax payments. Instead, the best result from any tax return is the one that leaves the greatest number dollars in your pocket after having gone through the income-tax tollbooth.

          In closing, while all of these issues may not apply to all of you, there are likely to be some that could put you in a position to achieve some tax savings for you or other members of your family. Whether those savings are for one year only or continue for many years to come, it is money that will be left in your pocket for you to elect how to spend and use it.v

          Bruce M. Fogel is a partner with Bacon Wilson, P.C. / Morse & Sacks in Northampton. He is a member of the firm’s estate planning, elder, real-estate, and business departments. He has extensive experience in matters relating to income, gift, and estate taxes, and he focuses on the tax implications of all legal transactions. He also co-hosts the radio show “Taxes and Assets” Saturday mornings at 8:30 a.m. on WHMP; (413) 584-1287;[email protected];bwlaw.blogs.com/estate_planning_bits

          Departments

          Instinctive Leadership Workshop

          Oct. 28: Ravi Kulkarni and Lynn Whitney of Clear Vision Alliance will present a workshop on “Instinctive Leadership” from 8:30 to 11 a.m. at the Baystate Reference Labs conference center, 361 Whitney Ave., Holyoke. The session will focus on understanding and adapting communication styles to connect effectively with others, as well delve into the correlation between good parenting skills and good leadership skills. Pre-registration is required. For more information, call (413) 283-7091 or E-mail [email protected]. Kulkarni and Whitney will also present a Nov. 11 workshop on inspiring and motivating others to take responsibility for their own actions, and a Dec. 9 workshop will explain how to empower others to develop the skills necessary to become future leaders.

          Creating Business Plans

          Oct. 30: The Mass. Small Business Development Center Network will present “Your First Business Plan” from 9 to 11 a.m. at the Franklin County Chamber of Commerce, 395 Main St., Greenfield. The workshop will focus on management fundamentals from start-up considerations through business-plan development. Topics will include financing, marketing, and business planning. The cost is $35. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass.

          Estate Planning Talk

          Oct. 30: Hyman Darling, JD, of Bacon Wilson, P.C. will discuss “Personalizing Your Legacy” during a free talk in the dining room at Loomis House, 298 Jarvis Ave., Holyoke, beginning at 7 p.m. Darling will discuss ethical wills, provisions for a child or grandchild with special needs, charitable bequests, and gift annuities. For more information, contact Carol Constant, director of development for the Loomis Communities, at (413) 532-5325, ext. 184.

          Fusion Marketing

          Nov. 6: The Mass. Small Business Development Center Network will present a workshop that delivers the essential elements necessary to boost customer visits and sales through what is known as fusion marketing. This concept can also be described as ‘tie-ins,’ ‘joint ventures,’ ‘strategic alliances,’ and ‘cross-promotions.’ Participants will take away a simple system, action plan, and accountability mechanism that will help them cultivate multiple fusion-marketing partners. The program from 9 to 11 a.m. includes a 20-page workbook. The session is planned at the Andrew M. Scibelli Enterprise Center, 1 Federal St., Springfield. The cost is $40. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass.

          MHA Workforce Summit

          Nov. 7: The Mass. Hospital Association will present “Hospitals as Employers of Choice: Maintaining a Competitive Edge by Being the Best of the Best” from 9 a.m. to 2:30 p.m. at the Conference Center at Waltham Woods in Waltham. The eighth annual workforce summit will highlight many of the best practices that are helping hospitals recruit and retain a strong workforce. Topics scheduled for discussion include: “Planning for the Future to Heal the Health Care Staffing Shortage,” “Creating an Engaged Workplace at all Levels,” “Mentoring as a Health Care Workforce Retention Tool,” and “Massachusetts’ Top-Rated Hospitals Share Retention Strategies.” For registration information, call (781) 262-6059 or visit www.mhalink.org.

          Using the Internet To Grow Business

          Nov. 12: Hidden Tech and the Mass. Small Business Development Center Network will host “Using the Internet to Grow Your Business” from 5:30 to 7:30 p.m. at the Andrew M. Scibelli Enterprise Center, 1 Federal St., Springfield. Meet the valley’s Web service resources — the people and companies that can help businesses start, improve, or expand their Web presence. The cost is $10. For more information, call (413) 737-6712 or visit www.msbdc.org.

          ‘Your First Business Plan’

          Nov. 13: The Amherst Area Chamber of Commerce will co-sponsor “Your First Business Plan” from 9:30 a.m. to 12:30 p.m. with the Mass. Small Business Development Center Network at the Amherst Town Hall, 4 Boltwood Walk. The workshop will focus on management fundamentals from start-up considerations through business-plan development. Topics will include financing, marketing, and business planning. The cost is $35. For more information, call (413) 737-6712 or visit www.msbdc.org.

          WMEF Annual Meeting

          Nov. 14: Western Mass. Enterprise Fund Inc. will host its annual meeting from 8:15 to 10:30 a.m. at the Log Cabin, 500 Easthampton St., Holyoke, with a focus on helping to create economic resilience. As part of the annual event, several awards will be presented, including “Micro Enterprise of the Year,” “Small Business of the Year,” and “Community Partner of the Year.” Local business product and service displays are also planned. For more information, contact Lee Reiner at (413) 420-0183, ext. 100. Attendees must RSVP via E-mail to [email protected] by Oct. 31.

          City of Bright Nights Ball

          Nov. 15: A Japanese Garden setting — complete with Tea House — will set the mood for the 2008 City of Bright Nights Ball in the Grand Ballroom at the Sheraton Springfield-Monarch Place. The event is the largest fund-raiser of the year for the Spirit of Springfield. The black-tie event features a gourmet dinner with the flavors of Japan, dancing, and the chance to win and purchase a variety of gift items. Tickets are $500 per couple, and tables of 10 are available for $2,500. For more information, visit www.spiritofspringfield.org or call (413) 733-3800.

          Understanding the Basics of Cash Flow

          Nov. 19: Representatives of Boiselle, Morton & Associates, LLP will present a workshop to help individuals understand the basics of cash flow, the timing of cash inflows and outflows, how to determine the company’s cash flow, how to improve cash flow, and how cash flow is different from profit. The program is an offering of the Mass. Small Business Development Center Network. The cost is $40. For more information, call (413) 737-6712 or visit www.msbdc.org.

          Clean-energy Conference

          Nov. 22: Robert Pollin, an economics professor at UMass Amherst, will discuss results of his recent study on the outlook for green jobs and working toward a low-carbon economy at the Clean Energy Connections Conference from 9 a.m. to 4:45 p.m. at the MassMutual Center in Springfield. Pollin will identify sectors where new jobs and growth might be expected. The keynote speaker will be Bracken Hendricks, a founder of the national nonprofit Apollo Alliance, and co-author of Apollo’s Fire: Igniting America’s Clean Energy Economy. Hendricks and Pollin collaborated on a national “Green Recovery” study produced by the Center for American Progress, which determined that a $100 billion national investment in energy efficiency and renewable energy would create at least 2 million jobs nationwide and more than 42,000 jobs in Massachusetts alone. Other featured speakers are State Sen. Benjamin Downing; State Rep. Daniel Bosley; Phil Giudice, a commissioner of the Mass. Department of Energy Resources; and Chris Kilfoyle, president of Berkshire Photovoltaics Corp. The conference is intended to be a forum for individuals and organizations accelerating the growth of the clean-energy economy in Massachusetts and those seeking clean-energy career information. Pre-registration is required. For more information, visit www.umass.edu/green or call (413) 545-2706.

          The Creative Economy

          December 9: The Studio Arts Building at UMass Amherst will be the setting for an informative program on how the ‘creative economy’ plays an increasingly important role in Western Mass. in job creation, revenue growth, and quality of life. Speakers will be artists Josh Simpson and Scott Prior, who will speak about their work and their marketing efforts, beginning at 6 p.m. The cost is $25. For more information, call (413) 737-6712 or visit www.msbdc.org.

          Departments

          Dinner Lecture

          Oct. 14: Author Joel Barker will present “You Can and Should Shape Your Own Future, Because If You Don’t, Someone Else Surely Will” from 5 to 9 p.m. at the Log Cabin Banquet & Meeting House in Holyoke. The dinner forum is hosted by the UMass Amherst Family Business Center. Barker will explain how to create ‘extreme’ partnerships to transform your company and product; how your senior leaders can continuously explore trends, innovations, and paradigm shifts; and how to better anticipate and deal with the effects of change. In addition to Barker’s presentation, an educational talk on how to be a savvier user of expert advisors will be presented by the law firm of Bulkley, Richardson and Gelinas LLP. For more information, call Ira Bryck at (413) 545-1537, or E-mail [email protected].

          WNEC Seminar

          Oct. 15: Western New England College in Springfield will host “Planning for Retirement Benefits: A Morning with Natalie Choate” from 8:30 a.m. to noon in Rivers Memorial Hall. The seminar is aimed at legal, accounting, and financial services professionals, exploring developments and trends in retirement benefits, trusts, and estate planning. Choate is a Boston-based estate-planning lawyer and the author of Life and Death Planning for Retirement Benefits and The QPRT Manual. The program qualifies for three CLE and CPE credits and costs $75. For more information or to register, call (413) 796-2260 or (800) 325-1122, ext. 2260.

          Managing Business in a Down Economy

          Oct. 16: A workshop for business owners titled “Managing Your Business in a Down Economy” will be offered from 9 to 11 a.m. at the Andrew M. Scibelli Enterprise Center, 1 Federal St., Springfield. The workshop, presented by a panel of experts from various business segments, is sponsored by the Mass. Small Business Development Center Network. The cost is $40. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass.

          Entrepreneurship Conference

          Oct. 17: “Entrepreneurship in a Global Economy” will be presented by the Law and Business Center for Advancing Entrepreneurship of Western New England College, Springfield, from 8:30 a.m. to 4:15 p.m. in the S. Prestley Blake Law Center, Room D. The cost is $50 per person. The discussion topics will include “Environmentalism & Entrepreneurship,” “Globalization & Entrepreneurship,” “Finance & Entrepreneurship,” and “Politics and Entrepreneurship.” Dean Cycon, owner of Dean’s Beans Organic Coffee, will be the luncheon keynote speaker. Cycon is a leader of the American fair trade coffee movement. For more information or to register, contact Aimee Griffin Munnings at (413) 796-2030 or via E-mail to [email protected].

          Women’s Movement Discussion

          Oct. 23: L. Kay Wilson, attorney, coach, and motivational speaker, will moderate a discussion titled “Women, Power & Influence: Do We Still Need a Women’s Movement?” at 2 p.m. in Mills Theatre, Carr Hall, Bay Path College, Longmeadow. The program is part of the Kaleidoscope series at Bay Path. Panel members will discuss the roots of the women’s movement, the perspective of young women today, and next steps for expanding the influence of women in our communities, companies, and government. Panelists are: Dr. Regina Barreca, professor of English at UConn, best-selling author, and nationally recognized feminist comedienne; Dr. Carol Leary, president, Bay Path College; Laurie Rosner, senior vice president, Rockville Bank of Connecticut; and Ann Young-Jaffe, program manager, Aetna’s consumer segment. The program is free to the public.

          Meet the Authors

          Oct. 23: The Women’s Partnership, a division of the Affiliated Chambers of Commerce of Greater Springfield Inc., will host its annual scholarship fund-raising event, Meet the Authors, from 5 to 7 p.m. on the Elms College campus in Chicopee. Tickets are $10. Authors will include Joseph J. Ellis, Corinne Demas, Suzanne Strempek-Shea, and Lesléa Newman. Jane Dyer, an illustrator of numerous books for children, will also be on hand to sign books. For more information, contact Diane Swanson at (413) 755-1313. All proceeds raised from the event will benefit the Women’s Partnership Scholarship Fund.

          Super 60 Award Luncheon

          Oct. 24: The Affiliated Chambers of Commerce of Greater Springfield Inc. will fete its winners of the annual Super 60 Award in the categories of revenue growth and total revenue beginning at 11:30 a.m. at Chez Josef in Agawam. William Rand Kenan Jr., professor and director of the Urban Investment Strategies Center at the University of North Carolina Chapel Hill, will deliver the keynote address. For more information, call (413) 755-1316 or visit www.myonlinechamber.com.

          Creating Business Plans

          Oct. 30: The Mass. Small Business Development Center Network will present “Your First Business Plan” from 9 to 11 a.m. at the Franklin County Chamber of Commerce, 395 Main St., Greenfield. The workshop will focus on management fundamentals from start-up considerations through business-plan development. Topics will include financing, marketing, and business planning. The cost to attend the workshop is $35. For more information on the event, call (413) 737-6712 or visit www.msbdc.org/wmass.

          Building Entrepreneurs

          Nov. 7: Titled “Empowering a New Generation of Entrepreneurs,” the fourth annual Grinspoon, Garvey & Young Entrepreneur Conference for college students in the Pioneer Valley will take place from 8 a.m. to 2 p.m. at the MassMutual Convention Center in Springfield. Coordinated by the Harold Grinspoon Charitable Foundation’s Entrepreneurship Initiative, the event will feature an entrepreneurship and resource exhibit and interactive breakout sessions on the following topics: “Chronicles of a New Entrepreneur: the Early Days,” “The Art of the Pitch,” “Start, Grow, Succeed … with the Help of the SBA,” “The Next Big Idea,” and “Invention to Venture: the Making of a Technology Company.” The conference fee is $150, and scholarships are available. To register or for more information, contact Brenda Wishart at (413) 454-3109, or by E-mail at [email protected].

          City of Bright Nights Ball

          Nov. 15: A Japanese garden setting — complete with tea house — will set the mood for the 2008 City of Bright Nights Ball in the Grand Ballroom at the Sheraton Springfield-Monarch Place. The black-tie event features a gourmet dinner with the flavors of Japan, dancing, and the chance to win and purchase a variety of gift items. Tickets are $500 per couple, and tables of 10 are available for $2,500. For more information, visit www.spiritofspringfield.org or call (413) 733-3800.

          Sections Supplements
          Bequeath Your Values Along With Your Valuables

          ‘To my daughter, I leave my love of laughter.’ ‘And to my son, I leave my passion for knowledge.’

          As a responsible provider, you want to ensure the future financial stability of your loved ones. As such, you may have already drafted a last will and created an estate plan that transfers your worldly possessions; however, your estate plan should not end there.

          What steps have you taken to ensure that you also pass on your values, ideas, and beliefs? What wisdom and life lessons do you want to share with those you care about? Do you want to be remembered for your values rather than for the possessions you have left behind? If so, you may want to consider drafting an ethical will.

          As the name suggests, ethical wills are the spiritual counterparts to traditional wills that distribute wealth. Ethical wills pass on intangible assets such as blessings, life lessons, dreams, and hopes, as opposed to tangible possessions. While ethical wills are not binding legal documents, they can be an invaluable gift to friends, family members, and other loved ones.

          Although ethical wills have recently gained in popularity, the concept is not new. Medieval models of ethical wills have been found in Jewish, Christian, and Islamic cultures. In the days of illiteracy, last wills were read aloud so that all concerned could hear. Thus, it became common practice to attach one last communication to a captive audience.

          Today, ethical wills are increasingly being created alongside traditional wills as part of the estate-planning process. Like traditional wills, they are often revised to reflect turning points and transitions in the writer’s life, i.e. the birth of a child, a marriage, or end-of-life planning. Additionally, while traditional wills are filed in probate court and become public documents, ethical wills become privately treasured family heirlooms. Indeed, rather than wonder what you might have done in response to a specific situation, loved ones may continuously glean nuggets of advice as they read your ethical will many times throughout various stages of their lives.

          Preparing to draft an ethical will often involves serious consideration of your values and morals, important lessons learned, hopes and dreams for the future, advice to loved ones, invaluable memories, and important events in your life. You may also contemplate themes, such as regrets and forgiveness, personal love, mentors and teachers, cultural beliefs, ancestry, or how you would like to be remembered by others.

          Creating an ethical will does not need to be an individual endeavor. You may choose to review your ethical will with your loved ones. Indeed, by encouraging input from family members, an ethical will may serve as a tool to give those family members insight regarding your wishes and intentions. Thus, the joint process of creating an ethical will serves to promote a cohesiveness that can last well beyond your lifetime.

          Although writing an ethical will is a serious endeavor, it need not be a complicated process. Unlike traditional wills that are bound by statutory constraints, there is no set form or procedure for creating an ethical will. Each ethical will is as unique as the individual that creates it. An ethical will can be a letter to loved ones or to grandchildren not yet born. It may also be a set of instructions regarding the family business or a detailed account of a life journey. It may choose to develop and impart a family mission statement or provide blessings for future generations. Additionally, an ethical will does not need to be limited to writing. It may incorporate multimedia messages, such as photos, drawings, music or videos. Your personal preferences are the only constraints.

          There are various resources available to assist with creating an ethical will, and professionals that specialize in this area will assist you. They may provide individual consultation or writing workshops. They will help you to ascertain what is most important for you to express and then guide you along in the process so that you will be certain to create an ethical will that is a true reflection of you. If you are inclined to work alone, an Internet search will provide a variety of free resources and examples that you may use as you write your ethical will.

          Creating an ethical will forces you to contemplate end-of-life issues, which can admittedly be very difficult; however, this should not be a deterrent, because the benefits of completing an ethical will far outweigh the detriments.

          It will help you gain a great deal of insight into what you really value and, in turn, pass that on to your friends, family members, and loved ones. Bequeath more than your valuables. Create an ethical will and bequeath your values, too.

          Gina M. Barry is a partner with Bacon Wilson, P.C. She is a member of the National Assoc. of Elder Law Attorneys, the Estate Planning Council, and the Western Mass. Elder Care Professionals Assoc. She concentrates her practice in the areas of estate and asset protection planning, probate administration and litigation, guardianships, conservatorships, and residential real estate; (413) 781-0560;[email protected]

          Departments

          Bradley J. Lucido was recently named Chief Compliance Officer of the MassMutual Financial Group in Springfield, succeeding Margaret Sperry, Senior Vice President and Chief Compliance Officer, upon her retirement on July 1 after 27 years with the company. Lucido is currently a vice president and associate general counsel responsible for all regulatory matters at MassMutual’s investment management affiliate, Babson Capital Management. He now joins MassMutual as a senior vice president with responsibility for oversight of ethics, compliance and government programs, policies, and procedures across the MassMutual Financial Group companies.

          •••••

          Adam Raczkowski of W.F. Young Inc. in East Longmeadow has been elected to serve on the Board of Directors of the Consumer Healthcare Products Assoc. He also holds the positions of Executive Vice President, COO, CFO, and General Manager.

          •••••

          PeoplesBank has named Paul E. Hillsburg as Assistant Vice President for PeoplesFinancial and Insurance Services at the bank’s South Hadley office. Hillsburg has served as a financial consultant for Infinex Financial Group and as a financial advisor for Merrill Lynch. He holds Series 7 and 66 registrations and holds an insurance license with life, health, and variable products.

          •••••

          Nadia M. Baral has been promoted to the position of Compliance Officer at Springfield-based Hampden Bank. In her new position, she will be primarily responsible for the day-to-day regulatory compliance functions.

          •••••

          The Springfield-based law firm Shatz, Schwartz and Fentin, P.C. announced the following:
          • Ann I. Weber, an attorney and shareholder with the firm, was the guest speaker at the May Estate Planning Council luncheon staged at the Colony Club in Springfield. Weber presented on the topic “Safeguarding the Castle: Can a Trust Keep the Dragon from the Gate?” Weber explored with the audience ways of protecting homes and investment properties from taxes and the cost of long-term care; and
          • Carol Cioe Klyman, attorney and shareholder with the firm who specializes in elder law, estate planning, guardianships, and probate litigation, is among the contributors to The CPA’s Guide to Long-term Care Planning, recently published by the American Institute of Certified Public Accountants and ElderLawAnswers. Klyman contributed to the book’s section on Massachusetts.

          •••••

          Stanley D. Komack, an attorney operating Record Title & Law Offices in West Springfield, has been chosen as the 2008 Affiliate Member of the Year by the Realtor Assoc. of Pioneer Valley. Komack, a member since 1972, has played an active role on a number of committees, including service as the 2008 chairman of the Affiliate-Realtor Work Group, and as a member of the Realtor of the Year Committee and the President’s Advisory Group.

          •••••

          The Associated Industries of Mass. announced that the following Western Mass. business leaders have been elected to three-year terms on AIM’s board of directors:
          • Jens Bauer, Managing Director of Interprint Inc. in Pittsfield;
          • Charles Hatch, General Manager of Packaging Corp. of America in Northampton; and
          • Jay Nesbitt, Plant Manager at Solutia Inc. in Springfield.

          •••••

          Environmental Compliance Services Inc. has named Al Les as a Senior Project Manager. His primary responsibilities include providing functional expertise in the areas of safety and health, industrial hygiene, homeland security, and environmental management. Les is a Massachusetts board-certified wastewater treatment operator.

          •••••

          Shane Bajnoci, Chief Forester and Saw Mill Manager at Cowls Land and Lumber Company in North Amherst, has received the Oustanding Management of Resources Award from the Northeastern Loggers Assoc.

          •••••

          Julia Kincade has been named Manager of Ticket Operations for the Springfield Falcons.

          •••••

          Notch Mechanical Constructors of Chicopee announced that Sharon Orr has taken over as President, and Steven Neveu, previous President, will assume the position of Vice President of Business Development. Neveu will also lead new ventures in Eastern Mass., including a new subsidiary, Energy Recovery Systems LLC.

          •••••

          The Association of Independent Colleges and Universities announced that Dr. Anthony Caprio, President of Western New England College, has been elected to serve on its executive committee of college and university presidents.

          •••••

          The Hampden District Medical Society announced the following:
          • Dr. Philip Stoddard was awarded the 2008 Senior Volunteer Physician of the Year Award. Stoddard, a past President (1981-82), was nominated for this award based on his substantial contributions performing cleft lip and palate surgery at Shriners Hospital for Children in Springfield;
          • Dr. Cyril Shea Jr., retired Orthopedic Surgeon; Dr. Alonzo Sheffield Jr., retired Gastroenterologist; Dr. John Sullivan, retired Pathologist; Dr. William Walthall Jr., retired Radiologist; and Dr. Alan Ziskind, retired Pediatrician, were awarded the 50-year Member Award;
          • Dr. Stephen A. Metz was recently named President;
          • Dr. James K. Wang, Assistant Clinical Professor, Department of Ob/Gyn, Baystate Medical Center, was named President-elect;
          • Dr. Claudia T. Martorell, an Infectious Disease physician in private practice in Springfield, was named Vice President;
          • Dr. Teresa Klich-Nowak, an internist who specializes in Rheumatology in Holyoke, was named Secretary;
          • Dr. Mark Mullan, an Internist with Cardiology & Internal Medicine in Springfield, was named Treasurer;
          • Serving as Trustee to the Mass. Medical Society Board of Trustees is Dr. Mark Sherman, a cardiothoracic, vascular surgeon in private practice in Springfield; and
          • Dr. Stephen Metz was named Alternate Trustee.

          •••••

          UMass Amherst’s School of Education announced its first-annual Awards of Distinction, given this year to nine educators from across the country who are UMass alumni, including:
          • Westfield State College President Evan S. Dobelle;
          • Mary Cowhey, recipient of the Milken National Educator Award and a Teacher at the Jackson Street School in Northampton;
          • Patricia Crosson, Professor Emeritus and Trustee of Greenfield Community College; and
          • James Mullen Jr. President of Elms College in Chicopee and soon-to-be President of Allegheny College in Pennsylvania.

          •••••

          David Hayes has joined Sports Travel & Tours as a Travel Coordinator.

          •••••

          Ken LeGendre has joined Unemployment Tax Control Associates of Springfield as Vice President of Business Development. He will be responsible for developing strategic marketing and sales plans to accommodate corporate goals for the company, which assists clients with reducing the cost and complexities of managing their unemployment compensation programs. LeGendre was previously a national sales manager for a Manhattan-based company at which he developed sales and marketing plans for executive conferences staged on cruise ships and luxury resorts.

          •••••

          Wanda Mooney, a Real Estate Sales Associate with Coldwell Banker Upton-Massamont Realtors, has been recognized as the No. 1 sales associate in Massachusetts for the highest number of closed transactions for Coldwell Banker Affiliates in 2007.

          •••••

          The Center for Human Development in Springfield announced the following awards and accomplishments of staff members:
          • Deviegene Reid has received the Mass. State Assoc. of Developmental Disabilities Providers Direct Support Professional Award for 2008 in recognition of superior performance in her work. Reid has been a House Manager for the Meadows Homes Program in West Springfield for six years.
          • Ja’Net Smith, Clinical Director for the Center for Human Development, has been recognized as one of BusinessWest’s Forty Under 40 recipients; and
          • Program Director Jim Williams will be honored as the recipient of the Robert J. Van Wart Award, which is given to an individual who has worked as a leader in a nonprofit or public human-service organization for at least five years and demonstrates leadership skills.

          Sections Supplements
          One Source Financial Focuses on Dollars and Sense

          When asked to describe what his company does and how it does it, Robert Berriman talked at length about wealth management, retirement planning, insurance, benefits packages, and how One Source Financial works to educate clients about making smart choices within each realm. He then summed it all up in a different but decidedly more economical fashion: “We do the right thing — even when no one is looking.”

          Robert Berriman likes to say that he works in the “trust business.”
          Not in a literal sense, although he can certainly help someone set up virtually any kind of trust product, but figuratively speaking, as in an industry where he must earn and then maintain the trust of the clients with whom he works.

          And this subject of trust is no small concern in this broad sector, he explained, because the matter at hand is someone’s money — or, looking at things a different way, their future.
          That’s why Berriman, president of East Longmeadow-based One Source Financial Group Inc. and a 30-year veteran of the wealth management and retirement-planning business, has, as an unofficial company slogan — it’s not printed on any literature that he’s aware of — “we do the right thing … even when no one is looking.”

          Of course, with the Internet and instant availability to information, people can be looking all the time, he continued, but that’s another very literal interpretation of his thoughts. The truth is, people aren’t looking all the time, and thus they need the trust factor, he said, stressing again that such trust has to be earned.

          The fact that Berriman is accomplished in this regard is reflected in his large and diverse client list, which includes everything from high-net-worth individuals to small companies to firms with 500 employees. He and his staff have assembled that clientele by effectively focusing not on individual products, but on the concept of creating plans.

          “Planning is more important today than it ever has been,” he explained, adding that people are more sophisticated about investing and overall financial planning than they were 20 or even 10 years ago, but still need help understanding products and services and forging a plan. “People are concerned about their future, and they’re being told every day by the federal to be concerned about their future. So more people are doing things, but they need help doing them.”

          Berriman’s company recently instituted a name change — he followed the advice of some colleagues in his sector and “took my name off the business” — but everything else about it has been a constant, he said. And by that, he meant that the firm, now celebrating its 20th anniversary, has always been in the business of finding solutions, and not simply selling products or services.

          And this has been the case whether the client, be it an individual or business owner, was interested in retirement plans, wealth management, asset allocation, or one or more types of insurance, including life, health, disability, property, and long-term care.

          Berriman has a few quantitative measures of success on his resume — especially inclusion in something called the Top of the Table; Million Dollar Round Table, or MDRT. This is an organization that recognizes only the top 1% of financial producers — not only in this country, but worldwide — and Berriman has been a member in good standing for many years now.

          But he prefers the more qualitative benchmarks for achievement in this sector, especially the clients that have been with him for decades, as well as different generations within many families that are on the client list — constituencies that have slightly different needs and approaches when it comes to accumulating wealth and managing it.

          “One of the things that I’m most proud of is that I have a number of clients — retirement plan clients, 401(k) clients, and others, who have been with me for more than 25 years,” he explained. “Through all the gyrations and transitions with those companies and those people, they stayed here, and there’s a reason — we look after their interests.”

          This track record bodes well for Berriman as he takes stock of the company at 20 and continues down a path toward strong but controlled growth.

          In this issue, BusinessWest looks at how One Source lives up to its new name, and how it has responded to the many changes within this sector to provide bits of advice — and those solutions — that are, to borrow an industry term, on the money.

          Stock and Trade

          Considerable time and effort went into the company’s name-change exercise, said Berriman, noting that it was undertaken late last year as part of the ongoing, broad strategic initiative to grow the firm.

          He didn’t engage the services of a marketing consultant, but instead put his staff — many of whom have been with him for many years — to work on the matter. In other words, he took the team approach, which is how the company goes about everything it handles.

          Starting with the simple goal of retiring ‘Berriman & Associates’ — the name put on the business in 1996 after a previous partnership was discontinued — “because that doesn’t say anything about who we are or what we do,” the staff looked at a number of options, said Berriman, and decided, in rather democratic fashion, on One Source Financial Group.

          The proposed new name was run by clients (there were four different mailers on the subject) to make sure they were comfortable with it and understood that nothing else was changing, and eventually chosen because it does say at least something about what the company does. It also connotes a little about how it does business, as it basically invites clients to think about the firm as a single source for a host of needs — retirement planning, benefits, and others — rather than using several sources.

          “It’s not about one-stop shopping, really,” said Berriman, “but to indicate that this a place, one source, for expertise on a wide range of products and services.”

          This has been Berriman’s approach since he first started working in this sector in 1975.

          He started as a broker/agent with Travelers Insurance in Hartford, and decided after a few years that this was not a career path he wished to stay on. He went into retirement plan marketing for the company, essentially traveling around the country teaching agents and brokers how to sell and design qualified retirement plans, before going to work for Springfield-based Palmer Goodell Insurance in the early ’80s.

          There, he handled advanced sales, estate planning, and deferred compensation. After seven years with PG, he partnered with John Caulkins to form Berriman & Caulkins, a collaboration that lasted nearly a decade before the two parted ways and Berriman created Berriman & Associates.

          The company has grown steadily over the years, in terms of everything from assets under management (that number is now $150 million) to the size of the staff; from the the portfolio of clients to the roster of services. To continue and accelerate that growth pattern, the company intends to emphasize its strengths, especially experience and diversity, market itself aggressively, and demonstate its ability to respond to changes within the industry.

          Achieving Balance

          Elaborating, Berriman told Business-West that while the roster of products and services offered by wealth-management and retirement-planning companies has been fairly constant over the years — they now come in more flavors than ever before — there have been a host of changes within this sector, many of them fueled by technology.

          When the Internet first came into prominence, he explained, many predicted that the instant access to untold volumes of information that it provided would spell trouble for professionals in this sector because individuals and companies could, in theory, become do-it-yourselfers.

          Instead, those in this business, as in others, like insurance, have found that the opposite is true. They’ve discovered that the Internet gives people information, but also (usually, at least) an understanding that they need someone to help them to make educated decisions about what to do with all that information.

          “What the Internet has done is open up the investment world to more people, and made people more knowledgeable about the investment side than they were years ago,” Berriman explained. “But when it gets to the point where they’ve accumulated a little money, they want someone to help them. People came to understand that this wasn’t about just going out and buying and selling things, but having a real plan, and for that, people do need help.

          “The industry has changed dramatically, especially with the communication we have and all the information we have, and the need to help people make sense of that information,” he continued. “When I started in this business, the interest rates didn’t change for three years — it wasn’t even something we thought about. Now, they change every day.”

          Beyond technology, this field has changed to the extent that there are now many more players in it, said Berriman, all of them vying for the rights to help people create and then manage wealth and retirement savings.

          To stand out, companies have to do more than offer a large suite of products and services — although that certainly helps. They also have to serve the client, said Berriman, who noted that this often comes down to efforts to advise and educate them about choices and which ones make the most sense for them.

          Education also comes in the subjects of why people are investing and accumulating wealth for the future, and how this is a long-term exercise, he continued. This helps cut down on the number of calls that come in when the Dow is down 200 points (there have been several of those days already this year) and when the monthly and quarterly IRA statements come in the mail.

          “It’s all a product of how you explain things to people up front — that retirement is a long-term process,” he said. “We’re not spending a lot of time on the phones these days talking to people because of the work we did up front; if you’re explaining the process effectively at the start, then you don’t have to jump through hoops and re-educate people during times like this.”

          But more importantly, education creates more-informed clients who are thus able to take the information available to them, as well as consulting services from a professional, and chart an effective course.

          “I have a new salesperson, and one of the things that I keep telling her is that this is not a product business, it’s a service business,” he explained. “If you do the right service for the client, whatever the product is just fits.”

          The Bottom Line

          Berriman told BusinessWest that he’s proud of his standing within the Million Dollar Round Table. It’s an indicator of success within this sector and, by his way of thinking, a barometer of that all-important intangible known as trust.

          Without it, the numbers wouldn’t be there, he explained, and nor would the clients that have been with him for decades or succeeding generations of members within many families.

          Those measures of success are also the byproduct of trust — and doing the right thing, even when no one is looking.

          Sections Supplements
          A Primer on the Emerging Trend of Pet Estate Planning

          Some people consider their pets to be members of their family. Other people have made a career out of breeding, raising, and/or sheltering animals. When animal owners pass away, if they have not made provisions for the continuing care of their animals, the outcome can be disastrous.

          Often, the recipient of the animal does not want to, or is not prepared to, take on the responsibility of providing ongoing care. As a result, the animals are then euthanized, neglected, or abandoned. In order to provide for the ongoing welfare of their animal after their demise, the estate plan of the animal owner should specifically address the disposition and care of the animal.

          When an animal’s owner passes away, the animal will pass through the decedent’s estate as personal property, just as would a lamp, a couch, or a bedroom set. As such, the ongoing ownership of the animal should be addressed in the animal owner’s last will and testament. In addition to distributing the animal to a new owner or caretaker, most often, an animal owner will desire to establish a trust for the benefit of their pet.

          Although approximately half of the 50 states do recognize ‘pet trusts,’ unfortunately, at this time, Massachusetts is not one of them. While it is not possible to create an enforceable trust solely for the benefit of an animal, it is possible to establish an enforceable trust for the benefit of the animal’s caretaker.

          One of the most important decisions when planning for an animal is determining who will serve as the animal’s caretaker. It is also important to name at least one alternate caretaker, if not several, who would provide care if the originally named caretaker was unable to do so. The most commonly named caretakers are relatives, friends, the animal’s veterinarian or breeder, or an animal shelter or sanctuary.

          A number of animal sanctuaries have emerged that will provide care for an animal until its demise. These facilities vary greatly in terms of the environment they provide, the cost of placing an animal within the sanctuary, and the type of compensation accepted. Some sanctuaries may accept only cash donations, while others are willing beneficiaries of a charitable remainder trust. The animal owner should approach the intended caretaker to ensure that the caretaker is willing to accept this responsibility and on what terms, because nothing destroys a plan faster than when the intended caretaker refuses the responsibility.

          The next important decision is determining how the caretaker will be paid. The caretaker may receive funds to cover all verified expenses associated with caring for the animal. Normal and customary expenses would include housing, food, veterinary care, grooming, and burial and cremation fees. Another alternative is to provide a lump sum to the caregiver based on the care to be provided until the animal’s demise. Providing a lump sum may encourage the caretaker to skimp on the animal’s needs in order to allow the caretaker to retain the funds personally. In this regard, an independent party should be empowered to inspect the animal to ensure that it is being properly maintained. Inspections should take place in the animal’s home environment and should also be permitted to be made randomly.

          The animal owner should also address the final disposition of the animal and of any funds remaining when the animal has passed away. Here, the inclusion of strict guidelines concerning euthanasia should be considered. If the caretaker retains the funds remaining upon the animal’s passing, an unscrupulous caretaker may seek to euthanize the animal without cause simply to retain the funds.

          A comprehensive estate plan will also provide for the ongoing care of the animal should the owner lose the capacity to handle his own affairs, whether due to physical or mental illness. The health care proxy, which is a document naming someone to make health care decisions for the owner, and the durable power of attorney, which is a document naming someone to make financial decisions for the owner, should contain special provisions acknowledging the animal and providing for the animal’s ongoing care.

          Most often, a durable power of attorney will authorize the person named to handle a laundry list of financial transactions. When an animal owner is incapacitated, the animal must be placed with a custodian, and money must be spent to provide ongoing care. To avoid any controversy regarding the care and custody of the animal, the power of attorney should authorize the person named to take custody and control of the animal if need be. The document should further authorize the person named to arrange for someone to provide care for the animal, even to the extent that said care would require additional monetary compensation to the caretaker.

          The health care proxy should notify the person named and/or medical personnel that the incapacitated person is an animal owner and that the animal is dependent upon that owner for care. While medical personnel will certainly first attend to the owner’s care, if the owner remains incapacitated, the language of the health care proxy will remind the person named, and should alert medical personnel, of the need to ensure the ongoing care of the animal.

          When an estate plan takes into consideration the issues raised here, the owner has taken the steps necessary to ensure the ongoing care of their pet. The animal will then receive the best substitute care possible for that of their original owner. Without such a plan, the fate of the animal is at best uncertain, and at worst unspeakable.

          Gina M. Barry is a partner with the law firm of Bacon Wilson, P.C. She is a member of the National Assoc. of Elder Law Attorneys, the Estate Planning Council, and the Western Mass. Elder Care Professionals Assoc. She concentrates her practice in the areas of estate and asset protection planning, probate administration and litigation, guardianships, conservatorships, and residential real estate; (413) 781-0560;[email protected]

          Departments

          Hampden Bank announced the following:
          • Shana J. Hendrikse has been named Office Manager for the Wilbraham office, and
          • Bonnie Hull has been named the Assistant Office Manager for the Wilbraham office.

          •••••


          Tucker Kueny

          Tucker Kueny, M.D., FACOG, has been named Medical Director of the new midwifery practice at Cooley Dickinson Hospital (CDH) in Northampton. Kueny will begin at CDH in June, but will be involved immediately in the plans to further develop the midwifery program. He joins CD Practice Associates, Cooley Dickinson’s affiliated physician group, and will provide physician coverage to the midwifery practice in conjunction with WomanCare/Northampton Obstetrics & Gynecology Associates, an affiliated Cooley Dickinson medical practice.

          •••••

           

          Peter Pan Bus Lines in Springfield announced the following appointments:
          • Brian Stefano has been named Executive Vice President and Chief Operating and Financial Officer, and
          • Christopher Crean has been named Vice President of Safety and Security.


          Brian Stefano

          Christopher Crean

          •••••

          The Mass. Alliance for Economic Development recently elected directors for 2008. They are:
          • Ned Bartlett, a Partner at Bowditch & Dewey, LLP;
          • Tyler Fairbank, President of the Berkshire Economic Development Corp., and
          • Susan Fenton, Vice President, National Grid.
          Directors re-elected to the board are:
          • David Begelfer, Chief Executive Officer of the Mass. Chapter of National Association of Industrial and Office Properties;
          • Jack Burns, Managing Principal at CRESA Partners, LLC;
          • Robert Culver, President and Chief Executive Officer of MassDevelopment;
          • Francesca Maltese, Development Manager for the O’Connell Development Group, and
          • David Tibbetts, General Counsel to the Merrimack Valley Economic Development Council.
          Directors elected as officers include:
          • Girard Sargent of Citizens Bank as Chairman;
          • Robert Brustlin of VHB as Vice Chairman;
          • Susan Fenton of National Grid as Treasurer;
          • David Tibbetts of the Merrimack Valley Economic Development Council as Clerk.

          •••••

          AuPairCare, a child care/cultural exchange organization, has selected Michelle Longey as its Area Director for host families and their international au pairs in Western Mass. Her new responsibilities include providing continual support for area host families and their au pairs, and educating interested families on AuPairCare’s programs. AuPairCare is one of the few organizations designated by the U.S. Department of State to place qualified young people from around the world with American families.

          •••••


          Peter K. Riggins

          Peter K. Riggins has been awarded the Accredited Investment Fiduciary Analyst™ designation from the Center for Fiduciary Studies. Riggins is the Director of 401(k) Plans for Epstein Financial Services in Springfield, where he manages the investment due diligence and plan sponsor reporting processes for more than 80 401(k) plans across the Western Mass., North Central Conn., and southern Vermont regions.

          •••••

          Tighe & Bond in Westfield announced the following:
          • Amy Lane, an environmental engineer who specializes in drinking water, recently passed her Massachusetts licensing exam to practice as a professional engineer, and
          • Ronald Smith, a control systems engineer with 20 years of experience in electrical hardware system design and specification, recently passed his Massachusetts licensing exam to practice as a professional engineer.


          Amy Lane

          Ronald Smith

          •••••

          Elizabeth Taras has launched her own company, Taras Communications, offering 15 years of experience in public relations, event planning, and public speaking. She is a certified speaker for Monster.com’s Making It Count program, and assists municipalities with downtown revitalization initiatives.

          •••••


          Julie A. Dialessi-Lafley

          Bacon Wilson, P.C. in Springfield has named five Partners to the firm. They are:
          • Attorney Julie A. Dialessi-Lafley is a multi-faceted business lawyer with extensive experience in all aspects of corporate and business law, as well as commercial and residential real estate. Her additional specialties include probate, estate and elder planning, and family law.
          • Attorney Gina M. Barry is a member of the Estate Planning/Elder Law Department, whose practice includes sophisticated elder law and estate planning issues, including pet estate planning. Additional areas of expertise include guardianship, conservatorship, planning for long-term care, and residential real estate.
          • Attorney Gary F. Bevilacqua’s primary area of practice is real estate, both residential and commercial. He also does estate planning, banking and finance work, and personal injury representation.
          • Attorney Bruce M. Fogel is a member of the estate planning, elder, real estate, zoning, business, and corporate departments. He also has extensive experience in matters relating to income, gift, and estate taxes, and focuses on the tax implications of all legal transactions.
          • Attorney Peter W. MacConnell is a member of the real estate department, handling both residential and commercial transactions. He also specializes in zoning and land use issues, almost exclusively on the developer side. In addition, he does estate planning and corporate legal work.


          Gina M. Barry

          Gary F. Bevilacqua
             

          Bruce M. Fogel

          Peter W. MacConnell

          •••••

          Heather L. Feltman has been named President/Chief Executive Officer of Lutheran Social Services of New England.

          •••••

          Ronald C. DeCurzio, Chief Operating Officer at Mass. Municipal Wholesale Electric Company (MMWEC), Ludlow, will assume the general manager’s responsibilities with the announcement of Glenn O. Steiger resigning to take a position with Glendale (Calif.) Water & Power. The MMWEC Board of Directors will meet in the near future to discuss Steiger’s resignation and the general manager’s position.

          •••••

          MassMutual Retirement Services in Springfield has adopted an enhanced regional model for its advisor and plan sponsor service operations. The regional service teams, comprised of both relationship managers and account managers, will be led by four newly appointed assistant vice presidents of service. They are:
          • Joanne Kisiel, Assistant Vice President, Southeast Region, joined MassMutual in 1981, and has more than 25 years of experience in the retirement services business including roles in audit, training, project management, customer service and operations management.
          • Eric Leverson, Assistant Vice President, Northeast Region, has more than 18 years of experience in plan administration, compliance and relationship management roles. He joined MassMutual in 1995.
          • Una Morabito, Assistant Vice President, Midwest Region, brings more than 16 years of experience in the retirement services business to her new role, including relationship management, account management, and overseeing MassMutual’s nonqualified compensation business. She joined MassMutual in 1996.
          • Tracy Tierney-Clifford, Assistant Vice President, West/Southwest Regions, joined MassMutual last November from Putnam Investments where she led the relationship management team supporting the Western Region.

          •••••

          Field Eddy & Bulkley Inc. announced the appointment of Daniel A. Britt as an Account Executive for Commercial Lines. He is responsible for providing risk assessment and analysis to the company’s business clients and prospects as well as finding appropriate coverage to meet their specific needs.

          Sections Supplements
          Estate Planning Considerations for the Baby Boomer/Sandwich Generation

          Sociologists and the media define the Baby Boom generation as those born in the United States between 1946 and 1964. Approximately 76 million people were born during this timeframe and grew up during one of the most prosperous and sustained economic-growth periods in this country’s history. This generation has enjoyed a considerably higher standard of living than any previous one.

           Of them, an estimated 16 million find themselves sandwiched between two generations, struggling to raise their children while caring for an aging loved one. These Americans are commonly referred to as the ‘sandwich generation,’ and they are especially stressed over the combination of caring for aging parents, raising their children, and planning for their own retirement.

           At roughly 28%, Baby Boomers represent a disproportionately large segment of the U.S. population. They require careful estate-planning considerations due to the wealth they have accumulated. Additional consideration must be given to the wealth they will or have inherited from their parents and the long-term care required by both themselves and their parents.

           Charles Sabatino, the assistant director of the American Bar Association’s Commission on Legal Problems of the Elderly, has noted that Baby Boomers display three generational characteristics.

          1. They tend to be better educated, more insistent on doing things their own way, less trusting of traditional authority, and demanding of more convenience and service;
          2. Their estates are more complicated, diverse, and geographically far-flung due to the growth in investment products and increased job mobility; and
          3. They will likely experience more career changes, more marriages, more non-traditional family affinities, and a more fluid mixing of educational, retirement, and work cycles.

           Therefore, it is imperative that Baby Boomers review their estate-planning documents frequently and at every life change and stage. This includes birth of grandchildren, marriage, and divorce of children and other circumstances like a child with a substance abuse habit or a pattern of irresponsible spending, etc.

           One of the most pressing concerns that face Baby Boomers, and especially the sandwich generation, is the financing of long-term care for themselves and their parents.

          Many Baby Boomers have witnessed someone close to them go through a nursing home care stay and its drain on their savings. Baby Boomers are increasingly taking steps to preserve their assets and prevent becoming a burden on their own children. The available options include private payment, Medicare, Medicaid, and long-term care insurance.

          • Private payment is generally the first line of defense for health care expenses. Most people only become acutely aware of how expensive health care services are when they start paying for them out of their own checkbook. In Massachusetts, the monthly cost of nursing home care is approximately $7,700. This expense alone can quickly evaporate a lifetime of savings and significantly limit the amount passed to designated heirs.
          • Medicare is the federal government-run health insurance program for those over age 65. It provides coverage for hospital and doctor expenses and covers health care and hospice service when ordered by a doctor. It pays for short-term skilled nursing, such as recovery after a hospital stay or surgery. However, Medicare does not cover all medical expenses or most long-term care.
          • Medicaid is a federal/state program designed to provide health care to the medically and financially needy. The key eligibility requirement is that you must have very limited financial resources and income. Medicaid benefits are not available until the countable assets of a married couple are less than $103,640, or less than $2,000 for singles.

           Medicaid planning or asset-preservation planning can be accomplished by properly transferring assets in accordance with complicated Medicaid laws, which include a specific look-back period on all assets and income.

           Upon the enactment of The Deficit Reduction Act of 2005, Medicaid increased the look-back period for asset transfers and financial information prior to the date of application for Medicaid benefits from three years to five years. This is the time period during which a person may not transfer assets and still be eligible for Medicaid.

           Under the new law, the penalty period for gifts made within the five-year look-back period will not apply until the date on which the applicant is otherwise ineligible for Medicaid benefits, which is often the time when the applicant enters a nursing home. An applicant who has transferred any asset for less than fair market value, i.e. a gift, will be disqualified from receiving Medicaid benefits for a period of months equal to the sum of the amount of the transfer divided by the average monthly cost of nursing home care, approximately $7,700.

           Unlike Medicare, which everyone over age 65 receives, Medicaid requires an application for benefits.

           Long-term care insurance is a better means to plan for a nursing home stay. This can provide the financial resources for skilled nursing care or the means to stay at home when illness leaves an individual debilitated. It will also pay a daily benefit toward the cost of long-term care. A person must be insurable in order to be eligible to purchase long-term care insurance. This is dependent upon the absence of certain medical conditions.

           Every Baby Boomer, regardless of his or her financial status, should have a customized estate plan. At the very least, their estate plan should include a will, durable power of attorney, and a health care proxy. Revocable trusts should also be explored to keep assets out of probate and to offer significant estate tax relief. In the event that a financial plan includes life insurance, one may also wish to explore an irrevocable life insurance trust, which helps protect life insurance assets from estate tax.

          When it comes to the topic of inheritances, many Baby Boomers say that money is not everything. On the contrary, many of them say their parents’ personal items are often as or more important to them than the oft-publicized trillions of dollars Boomers are anticipated to inherit.

          To address this, a memorandum may be executed in conjunction with your parents’ or your own will. This is a list of personal property, and it can provide for the property’s distribution among your family members or other individuals. Although this document does not create a legal or equitable obligation, as it is not offered for probate as part of your parents’ will, it does express their intent. Since desires regarding the transition of personal keepsakes are often not communicated to heirs, a memorandum can hopefully eliminate disputes between heirs regarding intent as to who should inherit these personal items.

          Those within the sandwich generation must also concern themselves with the disposition of their parents’ financial matters; however, discussing personal finances is taboo in many families. Perhaps another approach could be to ask your aging parents how they hope to live out the rest of their lives, their dreams and goals, and their worries and concerns prior to discussing more sensitive issues like money, estate planning, and their health and welfare.

          If you are unable to get through to your aging parents, you may suggest that they talk to their legal or financial advisor about their future. Planning to preserve your aging parents’ hard-earned accumulated assets for the sake of your children and future generations is not improper. Estate planning not only preserves wealth for succeeding generations, it also gives your aging parent satisfaction and peace of mind.

          It is also a good idea to work with your parents to prepare a record of essential financial, legal, and medical information. Specifically, you want to include information regarding bank accounts, investment holdings, insurance policy numbers, company names, estate planning documents, and professional financial advisors.

          Additional concerns of the sandwich generation include funding college savings, contributing to a son or daughter’s wedding or other life expenses, and paying for nursing home care for an elderly parent, all the while saving for retirement. You may wish to research a 529 Plan for your children or grandchildren. This is an education savings plan operated by a state or educational institution and designed to help families set aside funds for future college costs. As long as the plan satisfies a few basic requirements, you will enjoy special tax benefits.

          America’s population is aging, and the Baby Boomers and the sandwich generation have unique characteristics that will require specialized estate planning even if their estates seem straightforward. By planning ahead, they can protect their assets and assist their aging parents in accomplishing the same. Due to the ever-changing and intricate laws and requirements regarding estate planning, experienced estate attorneys are the best resource for determining how to effectively preserve your family’s resources.

          Todd C. Ratner is an estate planning, business, and real estate attorney with the Springfield law firm Bacon & Wilson, P.C.; (413) 781-0560;[email protected]

          Sections Supplements
          Providing Care for Aging Parents

          When an aging parent needs assistance to live at home, many children opt to provide the care personally. Often, the parent will not agree to hire health care professionals to provide care due to their inability to appreciate the decline in their ability to live independently. Occasionally, the parent has concerns regarding privacy or safety, and the only caregiver they trust is their child.

          Regardless of the circumstances, the ‘caretaker child’ arrangement conjures up a variety of legal issues.

          A caretaker child arrangement begins when either the parent begins residing with the child in the child’s home or the child begins residing, or continues to reside, in the parent’s home while receiving care similar to that of a facility.

          hen the child resides with the parent in a caregiver capacity, it is common for the parent’s home or other assets to be transferred to the child as compensation. When the parent begins residing with the child, normally the parent’s home is sold and the proceeds are used to build additional living space for the parent in the child’s home or given to the child in exchange for the services the child agrees to provide.

          In either situation, it is best to establish a care agreement. This is a contract between the parent and the child and possibly the child’s spouse, in which the parent agrees to pay the child (in either a lump sum or on an ongoing basis) or to finance an improvement to the child’s home, and the child agrees to care for the parent until the parent either passes away or is no longer able to perform two of the activities of daily living. These include bathing, eating, dressing, transferring, and toileting.

          When establishing a care agreement, value must be associated with the services provided. One approach involves valuing the services as a package like those at a board-and-care facility, and this is only feasible when the services rendered are substantially the same as those rendered by such a facility. In this situation, the average monthly cost of the facility may be used in the agreement as the monthly cost of the care provided by the child.

          An alternative approach involves valuing each service individually. This approach should be used when a child is performing only some of the caretaking activities or when there are indications that a non-caretaker child may challenge the agreement. Tasks performed by the child may include, but are not limited to, grocery shopping, meal preparation, accounting services, driving the parent to medical appointments, housecleaning, laundry services, etc. When using the individual pricing method, the child must keep a record of the services performed and receive payment based on the actual amount of service reflected on the time sheet.

          In addition to valuing the services provided, there are various other provisions of the care agreement that are equally important. The purpose of the agreement should be clearly stated and should set forth the exact services that the child will provide as well as the location at which they will be provided. The parent’s space, as well as any common areas, should be described in detail. Additionally, the agreement should set forth whether the parent or the child is responsible for paying monthly utility charges, such as gas, water, and electricity, as well as yearly expenses, such as property taxes and homeowner’s insurance.

          It is imperative that the parent and child decide under what circumstances the child is willing to care for the elder. The agreement should specifically state the terms and conditions upon which the parent or the child is allowed to cancel the contract. In order to avoid the appearance of an illusory promise on the child’s behalf, the agreement should provide that cancellation shall only occur upon the occurrence of specified conditions, such as when it becomes unsafe to continue to provide care in the home.

          The services that the child provides with respect to housekeeping, laundry, meals, and personal assistance should be as detailed as possible. The agreement should detail a schedule for cleaning the parent’s room and establish parameters regarding the parent’s transport to and from medical appointments by the child.

          The agreement should also address any property maintenance duties the child will perform, including, but not limited to, ensuring repair of the premises or its mechanical components as needed, mowing the lawn, additional landscaping and snow removal.

          In addition, a formula should be provided to determine how increased costs will be calculated whenever anticipated. For example, if the elder pays $50 per month to cover the cost of food, any increase should be tied to the annual consumer price index increase or calculated in some other definable manner so that its application is precise. Without such a provision, a disagreement may arise between the parent and the child, which could, in turn, disrupt the ongoing performance of the agreement.

          Any comprehensive care agreement should also address the disposition of the parent’s property upon passing or admission to a nursing home. As the parent’s last will and testament will govern the distribution of any remaining assets, the care agreement should mandate the execution of estate-planning documents by the parent.

          The impact of a care agreement with respect to the parent’s long-term care financing options is substantial.

          At present, the most common options for financing long-term care include obtaining long term care insurance, privately paying for care, or obtaining Medicaid benefits. When applying for Medicaid benefits, the Division of Medical Assistance will ask whether the applicant has made any gifts during the applicable look-back period. If gifts are found, the Division of Medical Assistance will assess a penalty upon the applicant. This penalty prevents the applicant from obtaining benefits for a certain time period based on the amount of the gift. When assets are transferred to a child as payment for care provided, it may be possible to avoid this penalty as the money was transferred to pay for services provided and was not merely a gift.

          Although there are many issues to address when establishing a care agreement, the benefit of such an agreement far outweighs the effort involved in establishing one.

          Outlining the responsibilities of each party will prevent most disagreements during the pendency of the agreement. Ultimately, working through the issues raised in a care agreement will lay the framework for a successful arrangement between the parent and the caretaker child.

          Gina M. Barry is an associate with the law firm of Bacon & Wilson, P.C. She concentrates her practice in the areas of estate and asset protection planning, probate administration and litigation, guardianships, conservatorships, and residential real estate. She is a member of the National Association of Elder Law Attorneys, the Estate Planning Council, and the Western Mass. Elder Care Professionals Assoc.; (413) 781-0560;[email protected]

          Sections Supplements
          Making a Case for Effectively Contesting a Will Isn’t Easy

          “But it’s just not fair!”

          Estate planning lawyers often hear this protest from a potential client who wishes to object to a loved one’s will on the grounds that they were either promised something, the will was supposed to have been rewritten, or the terms are not, in their estimation, fair.

          Unfortunately, in most cases, the message in response is, “You are right, but the law in will contests is such that you don’t have a case.”

          In will contests in most states, it is fairly clear that a will may be objected to only on certain grounds. The first is ‘undue influence.’ This is proven when (1) the person who wrote the will was susceptible to being unduly influenced, (2) the person who exerted undue influence had the opportunity to do so, and (3) the person exerting this undue influence had enough control over the will signer to cause the will to be drafted in accordance with provisions that were not intended.

          Normally the opponent or contestant of the will has the obligation to prove that the will should be overturned, but in some cases, when the person who exerted the influence had a relationship with the will signer that was of a nature and relationship that could be construed to be a fiduciary or more than special relationship, the burden may shift to the proponent of the will to prove that they did not in fact exert undue influence.

          An example could be somebody who was living with the decedent, such as a child, a caregiver, or a close neighbor who had control and the opportunity to speak with the decedent sufficiently enough to be able to coerce the person to change their will. It could also be a person who is acting as health care proxy and power of attorney, or someone upon whom the decedent relied sufficiently to either feel dependent or otherwise controlled.

          A second opportunity to contest a will is one in which the testator/testatrix was not of ‘sound mind.’ In this situation, it would have to be proven that at the time the will was signed, the testator/testatrix was not able to make decisions with a total soundness of mind such that the will signed changed prior provisions, changed asset distribution proportions, or created an unnatural distribution of assets to people who shouldn’t be included.

          The evidence required to establish this mental incapacity is normally determined by a physician who knew the testator/testatrix and can produce medical testimony to conclusively establish the capacity or incapacity of the decedent. This is usually very difficult, since it is highly unlikely that the will was signed on the same day that the physician saw the decedent. Nevertheless, this is the best evidence that may be brought to the court. All medical records, physicians, nurses, and other medical personnel who may have known or had any interaction with the decedent will certainly be required to testify as witnesses for either the opponent or the proponent of the will.

          Another opportunity to contest a will is the allegation that fraud upon the decedent was exercised. Examples of this are that the person did not know they were signing a will, or that the document they were asked to sign was purported to be other papers or documents.

          Fraud would also be exercised by telling the decedent something that was not true about a potential beneficiary, which in turn caused the decedent to reduce an inheritance left to that person or possibly to eliminate them.

          Examples of this would be saying that a child was merely sticking around to gain their inheritance, or a potential beneficiary had intentions of giving money to their spouse, who the decedent may dislike, which may then cause the testator/testatrix to eliminate that person from their will.

          A final challenge to a will could be based on the fact that it was not signed properly. In most states, witnesses must be present at the same time of the execution of the will and actually see the decedent sign their will or designate another person to sign it for them.

          If the formalities of the signing do not comply with the law, the will may fail as a valid document. In these situations, it is necessary to investigate the will signing by deposing the witnesses and possibly the lawyer or delegated staff who attended to the will execution to conclusively establish whether all parties were in the room and paying attention to the signer when the document was executed.

          In many states, a probate judge will hear a will contest as opposed to having a jury determine the validity of a will. In addition, it must be noted that the standard of proof with evidence may also vary in a will contest. In a typical civil suit, the test would normally be a fair preponderance of the evidence. In a criminal case, the determining test is beyond a reasonable doubt. In a will contest, the standard of proof is clear and convincing evidence.

          Therefore, this will be a greater test than the civil standard, but less than a criminal standard. The scales of justice will have to be tilted more than just a fraction to nullify a will based on the clear and convincing evidence test.

          Of course, there are always exceptions to the evidence rules, standard of proof and other factors which may vary from court to court or state to state. However, before attempting to challenge a will, it should be reviewed to determine whether it contains a so-called “no-contest clause,” which may also eliminate a person’s right to inherit merely by making a challenge against it. In some states, this has been determined to be non-enforceable, but it should be reviewed.

          The bottom line is that just because a promise was made, or somebody else got more or less, it does not mean that your challenge to a will is going to be successful, even if the will is “not fair.”

          Hyman Darling is the chairman of Bacon & Wilson, P.C.’s Estate Planning and Elder Law Department. His areas of expertise include all areas of estate planning, probate, and elder law; (413) 781-0560;[email protected].

          Sections Supplements
          To Ensure Adequate Support, Consider the Special Needs Trust

          If you’re the parent of a disabled child, you’re probably concerned with the uncertainty of your child’s financial future and the realization that you will not always be around to provide for him.

          Understanding your disabled child’s future needs and eligibility for available resources will allow you to create a plan that will protect his financial security. A supplemental needs trust (often referred to as a special needs trust) has become the preferred method to address these issues and offer assurance that your child will be taken care of after you can no longer do so.

          Protecting Your Disabled Child’s Eligibility for Government Benefits

          Your disabled child may be eligible for certain federal or state benefits such as Supplemental Security Income (SSI) and Medicaid (MassHealth). However, his right to receive these benefits may be jeopardized if he receives funds through a personal injury settlement, inheritance, or insurance proceeds, since SSI and Medicaid are designed for low-income and low-asset individuals. Each program has independent eligibility criteria that set limits on income and financial resources that an individual must maintain to secure or retain the benefits.

          In order to qualify for SSI or Medicaid, a disabled individual cannot own more than $2,000 in assets, excluding certain items such as a car and, in certain circumstances, a home. Fortunately, the government has established rules allowing any additional assets over the $2,000 limit to be held in a trust for a recipient of SSI and Medicaid as long as certain parameters are met.

          A special-needs trust provides a vehicle to preserve your disabled child’s eligibility for federal and state benefits by keeping these assets out of his name and setting aside all assets for expenses other than your child’s basic support. A special needs trust may not provide for room and board, but can pay for out-of-pocket medical and dental expenses, annual checkups, eyeglasses, transportation and vehicle purchase, education, insurance, rehabilitation, home health aides, entertainment (i.e. vacations, movies, concerts, ballgames), and goods and services that add pleasure and quality of life.

          Types of Special Needs Trusts

          Generally, there are two types of special needs trusts for disabled people. A self-settled special needs trust is one that holds funds originally belonging to a disabled child or his or her spouse, and a third-party special needs trust is one funded by someone other than the disabled child or spouse.

          Self-settled Special Needs Trust

          In August 1993, Congress enacted the Omnibus Budget Reconciliation Act of 1993 (OBRA 93) to assure that only the individuals who truly need such financial assistance have access to it. OBRA 93 created two types of self-settled special needs trusts that may be used by individuals who either presently are, or expect in the future to become, eligible for SSI or Medicaid benefits.

          The first type of self-settled special needs trust is an individual disability trust, commonly referred to as the d(4)(A) Trust. It is typically used to protect and hold the proceeds of a personal injury lawsuit or an inheritance to which the beneficiary is entitled, so that the beneficiary remains eligible for SSI or Medicaid benefits. To create this type of trust, the disabled child must be under the age of 65, and it may only be created by a parent, grandparent, legal guardian, or a court. The potential disadvantage to a (d)(4)(A) Trust is that those assets remaining in the trust upon the beneficiary’s death must first be spent to reimburse Medicaid for any health care costs paid on the beneficiary’s behalf. However, after Medicaid is reimbursed, any unused assets can go to other family members or friends.

          The second type of self-settled special-needs trust is the pooled disability trust, commonly referred to as the (d)(4)(C) Trust. This trust is typically used in a situation where a disabled individual does not meet the criteria necessary to establish a (d)(4)(A) Trust. Unlike the (d)(4)(A) Trust that can only be created for a disabled child under age 65, the (d)(4)(C) Trust may be created for the benefit of a disabled child of any age. Further, this type of trust may be created by the disabled individual himself. It is managed by a non-profit association that pools the funds of multiple beneficiaries for investment purposes, while maintaining separate accounts for each beneficiary.

          The (d)(4)(C) Trust also requires a Medicaid payback requirement. Upon the death of the disabled child, a portion of the assets remaining in the trust will be paid to the non-profit entity that managed the assets, and Medicaid will receive reimbursement based upon an accounting of the principal left in the trust attributable to the disabled child. If there is any remaining balance, it can be left to the disabled child’s heirs or any other party named by the child. The (d)(4)(C) Trust is often a better option then the (d)(4)(A) Trust when the assets are insufficient to make it practical from an economic standpoint to appoint a corporate trustee to manage the assets.

          Third-party Special Needs Trust

          A third-party special needs trust is established with funds that belong to someone other than the disabled child. For instance, a parent or grandparent may create and fund it with cash, life insurance, or other assets during their lifetime or upon death.

          A third-party special needs trust can be created for a disabled child of any age, and the main advantage is that Medicaid will not be entitled to any form of reimbursement for services when the disabled individual dies. Therefore, any assets that remain in the trust may be designated to other family members or friends. A third-party special needs trust is a good idea for families where aunts, uncles, and grandparents want to leave money for a disabled child.

          An Alternative Solution — Establishing a Caretaker for Your Disabled Child

          In lieu of establishing a special-needs trust, an alternative is to leave a fixed sum of money to your disabled child’s caretaker, typically a sibling or other close relative, with the understanding that the money will be spent on your disabled child. However, this alternative is problematic for several different reasons.

          First, the money left to the caretaker on your child’s behalf is subject to that person’s legal judgments and divorce settlements, and it can even be lost in bankruptcy. Second, the caretaker is not subject to any legal obligation to use the funds on behalf of your disabled child, and therefore can spend the money as desired. Third, the caretaker may be subject to negative tax implications, which subject him to a higher tax rate than if the money was held in a Special Needs Trust.

          Finally, in the event that the caretaker dies before your disabled child, without leaving a will, or does not provide for your child under his own will, the money would be distributed to his heirs.

          Special-needs trusts should be considered when you begin your estate planning, and it’s never too early to start planning for your disabled child’s financial future. Your plan should be prepared by a qualified attorney to ensure that your goal to provide lifelong care for your disabled child is accomplished.

          Brett A. Kaufman is an estate planning and elder law associate with the law firm of Bacon & Wilson, P.C. His practice includes sophisticated estate-planning issues, guardianship, conservatorship, and planning for long-term care; (413) 781-0560;[email protected]

          40 Under 40 Class of 2007
          Age 28. Attorney, Lyon & Fitzpatrick LLP

          With degrees in Political Science and Law — and experience campaigning for political candidates in Massachusetts — Michael Gove is enthusiastic, to say the least, about politics. Just don’t ask him to run for office.

          “I’ve always been a big believer in the political process, and I’ve always had a blast campaigning,” he said. “There are so many issues out there that can only be resolved through the political process, so it’s important that people stand up and tell the people representing them what they believe.”

          That said, “I could see myself on a board of selectmen, something small, but wouldn’t want to be governor. I don’t like the horse trading, or trading away my principles and making compromises. I’d rather focus on an issue I believe in and work for that.”

          In many ways, Gove is working for the public right now, one person at a time, as an attorney with Lyon & Fitzpatrick LLP who specializes in business law, estate planning, and housing law.

          “I originally wanted to be a prosecutor,” he said, “but I found I really enjoyed working with people planning ahead for things” — a job description that ranges from helping businesses plan 10 or 20 years down the road to making sure young couples with children plan a secure future for their family, or helping senior citizens protect assets when preparing for nursing-home care.

          Gove is planning on a larger scale, too. A member of the Pioneer Valley Planning Commission, he was asked by PVPC Director Tim Brennan to co-chair the Valley Development Council, a board hard at work on Valley Vision II, a comprehensive land-use plan for the region.

          “It’s a huge project, and it has taken two years to get to where we are now,” Gove said. “We’re going to urge the commission to support it and push principles of smart growth, energy conservation, mixed-use buildings, mixing residential and commercial building, and mass transit.”

          The first Valley Vision endeavor, he said, was released several years ago and then “left to collect dust.” The current council intends to make the second effort a living document, to be updated as the years go by.

          After all, to succeed in the future, you have to work at it now — whether you’re a politician, a city planner, or a retired grandmother who doesn’t want to lose her life savings.

          Sections Supplements
          Learning Our Lessons from the Rich and Famously Departed

          However unpleasant it may be to contemplate and prepare for our inevitable departure, we must. That’s because none of us want to leave a mess for our heirs after we are gone.

          Nevertheless, despite many good intentions, we hear news about repetitive estate planning fiascos involving celebrities and common folk alike.

          Anyone who has opened a newspaper or has watched television recently has observed the posthumous misfortunes of the likes of James Brown, Ted Williams, Jimi Hendrix, and, most recently, Anna Nicole Smith.

          In 2001, Smith executed a will leaving all of her estate to her son, Daniel, to be held in trust with her friend, Howard K. Stern, as trustee. Tragically, Daniel died in 2006 at the age of 20. Just a few days prior to Daniel’s death, Smith gave birth to a daughter, Dannielynn. Shortly thereafter, Smith and Howard K. Stern had a commitment ceremony in the waters off Nassau, Bahamas.

          Despite the significant changes to Smith’s circumstances, she did not revise her estate plan to leave any portion of her estate to Dannielynn or to her new domestic partner, Stern. Actually, Smith included provisions in her will preempting state laws that would have presumed that she wanted to include children born subsequent to the execution of the will. In addition, Smith did not revise her will to provide for a guardian of Dannielynn.

          Similarly, James Brown did not appropriately update his estate plan prior to his death. His will names six children and calls for many of his personal possessions to be divided among them. However, 10 months after the execution of his will, Brown became a father again. He also remarried approximately one year later, and of course, the will made mention of neither the new spouse nor the new child.

          Both Anna Nicole Smith and James Brown died with wills that were several years old and outdated. The probate court will now have to decide which guardian is in the best interest of Smith’s child, which may significantly differ from her intent.

          A loved one dying without an updated will often results in an extended, expensive, and time-consuming trip to the appropriate state’s probate court. Although the Commonwealth of Massachusetts does have laws that provide guidelines for matters such as omitted spouses and children in a will, the testator may have intended a very different distribution of assets.

          Do not make the same mistake. Review your estate planning documents periodically and upon any significant change in your life. Allow your estate plan to be flexible enough to anticipate things that may occur before you can change it. For example, in Massachusetts, if you anticipate the possibility of having another child, language can be inserted within your will allowing for the distribution of assets and a named guardian for any child born after your will’s execution.

          If you anticipate problems, you may consider using a ‘no contest’ clause in your estate plan. In Massachusetts, such a clause disinherits anyone who challenges your estate. In order to make such a clause effective, you may consider leaving something to those at risk of being disinherited so that they have something to lose by challenging your stated wishes.

          Jimi Hendrix’s case also illustrates the complexities of dying prior to executing a will. His untimely death at the age of 27 commenced a three-decade-long legal battle over the rights to his songs. According to a Hendrix biographer, due to the fact that Hendrix died without a formal estate plan, those who had been closest to him during his life, particularly relatives on his mother’s side, did not receive any financial benefit from his music.

          There is no doubt that a minimal amount of estate planning would have avoided much of the controversy relative to his estate.

          Communication about your affairs prior to your death is vital and can prevent disputes down the road when you can no longer arbitrate disputes and explain your reasoning. This is even more problematic when the events involved are highly unusual.

          Consider the unpleasant dispute among Ted Williams’ children regarding his remains.

          The family feud over Williams’ body commenced when his will showed that he wanted to be cremated, but the executor of his estate said that the former Boston Red Sox star later decided to be cryogenically frozen. The will read in part that he wanted his ashes “sprinkled at sea off the coast of Florida where the water is very deep.” However, the executor filed a petition asking the judge that Williams’ body remain in a cryonics lab in Arizona per Williams’ wishes. The only publicly known documentation that suggests Williams wanted to be cryogenically preserved is a piece of scrap paper stained with motor oil, executed while Williams was hospitalized.

          The fact is, although Williams’ will states that he wished to be cremated, nobody really knows what he wanted. Williams did have a will, but, as is often the case, it was written more than fives years prior to his death. Many cryonics services were not even available then. The lesson learned is that it pays to review your will and funeral wishes on a regular basis.

          Your estate plan should be reviewed at regular intervals and whenever there is a significant change in your personal or family situation, including the birth or death of a family member, marriage or divorce, and significant increase or decrease in your assets. Make sure that your plan does what you want and is taking advantage of recent law changes.

          The celebrities cited above are not the only ones who experience long, expensive court battles over their estates; local probate courts are filled with cases of similar matters. Do not make the same mistake.

          Todd C. Ratner is an estate planning, business, and real estate attorney with the law firm of Bacon & Wilson, P.C., who specializes in asset protection; (413) 781-0560;[email protected]

          Sections Supplements
          Second-generation Members Become Part of Bacon & Wilson’s Growth Pattern
          Mike and Todd Ratner, and Gary and Jeffrey Fialky

          There are now two father-son teams at Bacon & Wilson: Mike and Todd Ratner, at left, and Gary and Jeffrey Fialky.

          Jeff Fialky didn’t plan to work a few doors down from his father when he set out on a career in law a dozen years ago.

          Neither did Todd Ratner when he started work in the marketing field, starting at Anheuser Busch, before later shifting gears and entering law school.

          But through a blend of fate and geography — specifically a mutual desire to return to the Pioneer Valley — they are practicing law at the Springfield offices of Bacon & Wilson, where their fathers, Mike Ratner and Gary Fialky, have logged more 50 years between them.

          Both members of the second generation applied for openings at the company — there have been several due to an aggressive expansion effort — and prevailed in a hiring process that, by all accounts, granted them no favors because of their last names.

          The younger Fialky, who joined the firm last year, is now a member of the firm’s Commercial/Business, Municipal, and Real Estate Groups, handling a wide array of work, while the younger Ratner, who came on in 2003, is now a member of the firm’s Estate Planning & Elder, Real Estate and Business & Corporate departments, spending much of his time in the burgeoning specialty of estate planning.

          Their fathers say they neither encouraged their sons to enter law, nor to seek employment at the firm where they’ve been partners for many years, but welcomed the developments as they unfolded.

          “They’re both great additions to the firm,” said the elder Fialky, noting, especially in his son’s case, that the timing of the recent openings coincided nicely with the experience he had gained working for large telecommunications companies. “There was a good fit between our needs and his career intentions.”

          Said the elder Ratner, “the firm has been in a real growth pattern; the volume of work has increased steadily, and so has the number of attorneys working here. It just so happens that talented people named Fialky and Ratner wanted to be a part of that growth.”

          The two members of the second generation, who grew up together in Longmeadow, said essentially the same thing when asked about how they arrived at the same work address as their fathers. They said they chose Bacon & Wilson because the assignments they took made good career sense, and they like the quality of life available here.

          Overall, the two new associates’ stories speak to the growth of the firm, but also offer some evidence of a trend that area economic development leaders would like to see more of — young people who leave this region to start their careers but later return for the quality of life in the Pioneer Valley and, while doing so, givie back to the community.

          Jeff Fialky, who described his path to Bacon & Wilson — and his focus on corporate law — as a circuitous route, majored in English Literature at the University of New Hampshire but always knew that he would make law his eventual career.

          He graduated from Western New England College in 1994 (he clerked at Bacon & Wilson while attending school), and, several months later, became an assistant in the Hampden County District Attorney’s office. After two years there, he shifted gears and started what would be a 10-year stretch with the cable television industry at several Boston-area firms. He worked first at AT&T Broadband, where he eventually became senior operations counsel, before moving on to AT&T Corp. and a position as senior attorney, focusing on regulatory matters and litigation.

          In 2004, he went to work for Andover-based Adelphia Communications as senior operations counsel, thus handling most commercial legal matters for the cable television provider.

          The work was rewarding on several levels, but the younger Fialky desired a shift into private practice, a stated goal that coincided with a posting in Mass Lawyers Weekly for a position at Bacon & Wilson, one to which he thought he could easily transfer the skills he had acquired in regulatory work and business transactions.

          “When I decided to leave the telecommunications industry, I was looking for an opportunity to be in private practice, and started talking to a number of Boston firms,” he said. “But when talking to them and meeting with various personalities and looking at the quality of life that type of situation would afford, and comparing it to this firm and the quality of people and the quality of life here, it was essentially no contest.

          “My return to the firm, and my return to the Pioneer Valley, has been much more than I expected,” he continued, adding that he eventually had two solid offers, one in Boston and the other with Bacon & Wilson, and chose the latter. “It’s met, actually, it’s exceeded, every expectation.”

          Ratner’s arrival at Bacon & Wilson has some different story lines, but many similarities, especially the part about wanting to return the Springfield area.

          He took a bachelor’s degree in Marketing and Entrepreneurial Studies at Babson College and went to work for Anheuser Busch, first as part of something called the Contemporary Marketing Team, which coordinated creative brand promotions of both new and existing projects. He then served as marketing supervisor, working in Chicago, and later as market manager (the company’s youngest) in Bloomington, Ind.

          The work was intriguing and rewarding, but Ratner soon had concerns about many aspects of the ladder-climbing nature of the corporate world he was now part of.

          “When I spoke with senior vice presidents and talked about their family life and children, they had mentioned that their 15-year-old sons and daughters had been in four or five different school systems,” he explained, adding that he had already moved four times in six years. “And I realized that, while I loved the company, this wasn’t the way in which I wanted to raise a family.”

          After earning an MBA at Boston University, he enrolled at the Penn State Dickinson School of Law and eventually transferred to the University of Connecticut School of Law. While in law school, and after graduation, he clerked at Bacon & Wilson, and while in that role he gained an appreciation for the company and its team of lawyers.

          He was weighing a possible return to corporate marketing work when a position became available at Bacon & Wilson, he said, adding that he believes his years of experience as a clerk there helped him in his quest to join as an associate.

          Both of the new associates say their return to Bacon & Wilson affords opportunities to develop friendships and become involved in the community in ways that likely would not have been possible in either Boston or Hartford.

          “My wife is a transplant; she came here from Newton,” said the younger Fialky, who recently joined the board of directors of the American Red Cross. “She’s already feels a sense of attachment to the community that is something which she didn’t experience to the same extent while growing up in Boston. And I feel that same sense of attachment.

          “One of the things I really like about being in this area is that you have the ability to immediately effectuate change to the extent that you can become part of the community, join groups, and do things,” he continued. “That’s because organizations in this area are looking for people to raise their hands and get involved. That was really attractive to me.”

          The younger Ratner concurred, noting that he and his wife are actively involved with Baystate Childrens Hospital, the American Cancer Society, and other institutions. “I’m just proud to continue the tradition of giving back that was started by those who came before me.”

          Departments


          Aelan B. Tierney

          Aelan B. Tierney of Kuhn Riddle Architects in Amherst has completed the Architectural Registration Exams and is a licensed architect in Massachusetts. She specializes in commercial and residential projects at the firm.

          •••••

           

          Kleer Lumber, LLC of Westfield announced the following:
          • Jack Delaney has been named Senior Vice President of Sales and Marketing. Delaney will reinforce Kleer’s presence in the Northeast and Mid-Atlantic and expand sales into geographic markets west of the Mississippi River and throughout the country;
          • Margaret P. Sims has been named Director of Special Projects. She will focus on identifying OEM opportunities with architectural companies that source PVC trimboard for a variety of building uses, and
          • Jerry Craig has been named Director of New Product Development. He will explore and identify new distribution channels and new markets for Kleer PVC trimboard.

          •••••

           


          Christy Hedgpeth

          Christy Hedgpeth has been promoted to Director of Branding and Licensing at Spalding in Springfield. She will be responsible for brand consistency across all of the Spalding businesses and will also manage existing licensees, establish new licensing partnerships with strategically aligned companies, and manage the new initiative of licensing patented technologies.

          •••••

          Franklin County Home Care has hired Pam Kelly as its Development Director.

          •••••

          Mario Godbout has been promoted to Vice President of Ball Operations at Top-Flite Golf Co. in Chicopee.

          •••••

          Commerce Bank & Trust Co. in Worcester has appointed John S. Kelley as Senior Vice President-Commercial Real Estate.

          •••••

          Northampton Attorney Harry L. Miles has received a letter of thanks from the Veterans Consortium Pro Bono Program in Washington, D.C., for his handling of a pro bono appeal for a veteran. Miles is a partner in the law firm of Green, Miles, Lipton & Fitz-Gibbon.

          •••••

          Friendly Ice Cream Corp. in Wilbraham announced the following:
          • Jim Sullivan has been promoted to Vice President, Franchising. He will be responsible for franchise operations and sales, franchise and company development, as well as franchise and real estate services, and
          • Gus DiGiovanni has been promoted to Vice President, Company Operations.

          •••••

           

          Springfield Technical Community College announced the following:


          Michael D. Niziolek

          • Michael D. Niziolek, Vice President for Human Resources at Hasbro Games, has been appointed to the Board of Trustees, and

           

           

           


          Bret F. Coughlin

          • Bret F. Coughlin, M.D., Vice Chairman of the Department of Radiology, and Division Chief of Abdominal Imaging at Baystate Medical Center, has been appointed to the Board of Trustees.
          Their five-year terms began last fall.

          •••••

          Debra Guy-Akers has joined Training Resources of America Inc. as Western Massachusetts regional manager with oversight of education and training sites in Holyoke and Springfield.

          •••••

          Abraham J. Macutkiewicz has joined the Westfield office of Carlson GMAC Real Estate as a Sales Agent.

          •••••

          Patrick Hughes has been named Senior Vice President and Chief Marketing and Sales Officer for Fallon Community Health Plan.

          •••••

          Brenda S. Doherty of the law firm Doherty, Wallace, Pillsbury & Murphy in Springfield, recently earned an LL.M, Master of Laws in Taxation, from Boston University. She practices in the areas of corporate law, estate planning and taxation.

          •••••

          Joy Chipman has joined Steenburgh Real Estate as an Associate.

          •••••

          Patti Affeldt has joined Witalisz & Associates Inc. of Westfield as a Real Estate Sales Consultant.

          •••••

          UMass Amherst announced the following:
          • English Professor Peter Gizzi’s latest poetry collection, The Outernationale, has been published by the Wesleyan University Press;
          • Yeonhwa Park, Assistant Professor in the Department of Food Science, has received a 2007 Future Leader Award from the International Life Science Institute of North America, and
          • A research paper by Anna Nagurney, Professor of Operations Management, and doctoral students Zugang Liu and Trisha Woolley, has been selected as the lead article in the inaugural issue of the International Journal of Sustainable Transportation.

          Sections Supplements
          WNEC President Caprio Writes the Book on Strategic Planning
          Dr. Anthony Caprio

          Dr. Anthony Caprio said careful planning has long been part of the WNEC business model.

          When Anthony Caprio took the reins at Western New England College, he found a school that some would say had peaked in terms of programs, facilities, and national reputation. But he thought otherwise. And through a series of strategic planning initiatives, he has helped take the school and its acronym to new heights in terms of recognition and respect.

          Anthony Caprio, president of Springfield’s Western New England College, said he remembers many times when, in academic, professional, or even social circles, mention of the college he has now led for a decade was greeted with quizzical looks.

          “At conferences or other events across the country, I’ve heard ‘WNEC’ with a question mark after it plenty of times,” he said of the school’s once-only locally known acronym. “But today there is much less confusion about us. I don’t hear the question mark as much; I hear, ‘oh, yes, WNEC.’ It’s very refreshing.”

          This surge in recognition and respect isn’t a coincidence, he said. Rather, it’s one result of a series of strategic planning initiatives that has involved WNEC administrators, faculty members, students, and alumni. The work, which constitutes what amounts to two five-year plans, with a third due to start in 2008, has manifested itself in everything from new facilities and programs to a stronger focus on development.

          It all started with a white paper Caprio drafted soon after arriving on the Wilbraham Road campus. It detailed his many positive first impressions of the school, but focused much more on where the school could go, than where it was or had been.

          “I wanted to capture what I thought I saw those first few months,” he said, noting that he saw an enthusiastic staff, a solid physical campus, and a strong curriculum. “One had the impression that we’d reached our height. The college was financially stable; we had happy alums and a good reputation. It struck me that an institution with such a solid base had so much potential.”

          To realize that potential, he convinced the WNEC community to embrace the concept of strategic planning, and, working with several constituencies, went about setting some ambitious goals involving everything from enrollment to the endowment — and crafting methodologies for meeting them.

          The result has been a distinct cultural change at the 88-year-old school, one grounded in the notion of continuous improvement.

          “We essentially redefined our mission,” said Caprio. “We focused on the unique things of the school, like the integration of professional and liberal arts learning.”

          The college includes four schools, three of which offer undergraduate degrees in the areas of arts and sciences, engineering, and business. Graduate degrees in engineering and business administration are also offered, and WNEC’s law school offers a juris doctor as well as an LL.M program in estate planning and elder law.

          In order to create a better overall college experience, Caprio said he and his team continue to create opportunities for students to cross over from the school of their major into other areas, through co-curricular programs and integrated education initiatives. In addition, WNEC’s strategic planning process also includes physical growth and change, as well as improvements to many of its outreach efforts, including development.

          It’s all geared, says Caprio, toward educating “the total human being.”

          School of Thought

          As part of that first strategic planning initiative, for instance, Caprio focused on the college’s fundraising efforts. While WNEC was and remains financially stable, he said, years of fiscal prudence are more the reason than robust development. Its endowment, for example, is modest at about $43 million.

          “We’ve always operated in a fiscally prudent way, with hard work and careful budgeting,” he said, “but we hadn’t cultivated that stability.”

          To spur growth, an annual giving program was instituted, drawing on the strength of the college’s alumni base, which at the time numbered about 28,000. Today, that number is about 37,000.

          And on campus, operations at many of the college’s buildings, such as the campus health and wellness center, were re-examined, so the student body at large could better utilize them. Caprio said a team of exercise and athletics professionals from across the country volunteered their time to consult on the wellness center improvement project, making recommendations to improve the facility’s accessibility and the college’s overall athletic presence.

          Physically, many expansion projects began, including construction of a new welcome center new dormitories, the Golden Bear multi-use stadium, and other projects. The college also purchased 23 acres of land from the Springfield Diocese on Plumtree Road which has yet to be developed, but brought the campus’ physical presence up to 215 acres.

          There are plans on the drawing board for continued expansion, said Caprio, including moving the Western New England College Law and Business Center for Advancing Entrepreneurship, now located in STCC’s Technology Park, on campus in conjunction with construction of an addition to the law school.

          The entrepreneurship center, created in 2005, provides graduate business and law students with an opportunity to provide practical consultation to entrepreneurs starting new ventures or taking businesses to the next level, and is an example of how the college is using outreach to help the community (in this case, the business community) while creating real-life learning experiences for students.

          “There are a lot of plans in development,” said Caprio, “which we’ll move forward with in the same way as we have in the past. We moved forward with a five-year plan, and gradually checked everything off the list.”

          WNEC is now in the midst of a second round of strategic initiatives, launched in 2003 and slated for completion in 2008. One goal within that plan — increasing enrollment to 2,500 — already has been met.

          “In turn, faculty continues to grow, and physical improvements will be made in keeping with the needs of the growing enrollment,” said Caprio. “We suspect that in the next year, we’ll bring that number up again, and focus on a new enrollment goal.”

          To make that growth possible, a comprehensive capital campaign, dubbed ‘Transformations,’ was launched the same year the plan was unveiled. The campaign went public in 2006, and will conclude this year; its objective is to raise $20 million for a wide array of improvements, including:

          • a boost to the financial aid endowment (a $5 million goal);
          • academic quality initiatives, including an additions to the S. Prestley Blake Law Center and the D’Amour Library, and new classrooms facilities;
          • student enrichment, including renovations to the St. Germain Campus Center; and
          • the Fund for Western New England College ($2.5 million), a flexible account for improvements in such areas as educational technology, faculty enhancement, and community outreach.

          Degrees of Change

          Meanwhile, work continues on the overall strategic plan, including projects to further integrate liberal and professional learning, by putting into place, for instance, a ‘learning beyond the classroom’ general education requirement for all students, which includes internship programs.

          “It’s a program that is meant to create reflective experiences and opportunities to apply theory,” said Caprio, “and an ongoing goal is to break down the silos between the college’s schools.

          “We started to do that in areas like law and business,” he continued, “where courses were developed as well as the center for advancing entrepreneurship.”

          Initiatives to further involve alumni, improve campus technology, and increase the college’s national presence are also ongoing.

          “We really went full steam with technology innovations,” Caprio added, noting that it’s another area where existing strengths are being augmented. WNEC was the developing campus for the Manhattan online learning system, for instance, now in use on many college campuses and in high schools across the region and the country.

          Caprio said that as the second five-year strategic plan winds down, there are still some questions as to specific objectives and game plans to be included in the third. But he said the college’s direction remains clearly defined, as well as the areas where continued improvement will be directed.

          “We’ll start again by looking at existing challenges and implementing goals,” he said, “such as providing more international education opportunities for our students in this increasingly global climate.”

          WNEC will also introduce its first doctoral program this year, a highly specific degree in applied behavioral analysis, often used in work with the autistic.

          “It’s a natural expansion of our already strong psychology program, and it is a highly focused program, but we’ll be one of only five in the country.

          “We are looking very seriously at other curricular developments like the applied behavioral analysis degree,” he added. “We’re always looking at ways to be more innovative, and we have some very interesting ideas, some of which I expect will come to fruition soon.”

          Asked, and Answered

          Caprio said development programs aimed at increasing enrollment and broadening and enhancing students’ overall learning experience will bring long-term benefits for the college. There will be a larger group of alumni, for example, and, therefore, more potential contributors to the college’s mission.

          “Many of our graduates will move on to do great things, and as our school becomes more well-known because of that, in turn our graduates’ diplomas will be of more value,” he said, adding that a positive side effect of that will be fewer people raising their eyebrows when WNEC is mentioned.

          “I think, more and more often, people know exactly what kind of school this is.”

          Jaclyn Stevenson can be reached at[email protected]

          Sections Supplements
          Younger Generations Show Savvy and Spunk When It Comes to Money and Managing It
          Pat Grenier

          Financial Planner Pat Grenier said many people under 40 are taking the precaution of saving earlier, but aren’t afraid to take risks, either.

          On the whole, financial planners say younger investors are savvier and more willing to take charge of their own finances than any previous generation. This group, like those that came before it, will certainly face challenges. But it is in many ways better-suited to meet them, say the experts, because it is better-informed and has, for the most part, a no-fear attitude when it comes to wealth.

          Pat Grenier, a financial planner with BRP Grenier based in Springfield, has been practicing for 22 years and said she’s seen a notable shift in how people approach money, and the saving thereof, in that time.

          “Twenty years ago, if a young couple came to see me — which was rare — their outlook was much different,” she said. “They were looking at specific investment ideas, because the wide variety of options that we have today wasn’t available.

          “Now,” she continued, “people are looking not for a product, but a plan, to create the financial future that they envision.”

          Several factors contribute to this shift in financial planning trends among younger clients, said Grenier, among them a lack of confidence in Social Security and an increased awareness of money-management issues, thanks in part to the preponderance of free information now available on the Internet.

          “Many people don’t believe Social Security will be in place when they reach retirement age,” Grenier said. “They have some knowledge, and usually have retirement plans at work, and many of them have also learned what not to do because their parents haven’t saved enough. They’re seeing firsthand the costs that can be incurred at an older age, especially when a parent is sick, and that’s prompting them to take action.”

          Grenier isn’t alone in this assessment; many financial planners see the under-40 set, and Generation X in particular, as the most savvy of all constituencies when it comes to saving and investing, and also a group that is moving to the forefront of the country’s financial picture.

          See How, Know How

          Jeff Tomaneng is a financial planner affiliated with the Waltham-based Financial Planning Assoc. of Mass. (FPA), who, at 36, sees saving and investing trends developing among his peers as well as his clients.

          “In general, there is a greater awareness of financial planning issues such as asset protection, insurance, retirement planning, and estate planning,” he said, adding that as recently as three or four years ago, if he attempted to address those issues with many of his younger clients, most would react with skepticism.

          “Many would have thought I was trying to sell them something,” he said. “But now, there’s enough press out there to make people aware of the diversity of financial issues. Five or 10 years ago, specific financial information was only easily available to people with high net worth. Now, just about every type of information is available to everyone.”

          Online resources such as Yahoo! Finance and Fidelity’s MyPlan are largely responsible for that new level of awareness, said Tomaneng, and for the younger set’s comfort level with finding and processing that information. It’s an awareness that wasn’t there for Baby Boomers during their earlier years, he noted.

          “Baby Boomers didn’t see financial planning as important early on, and many figured it out during a mid-life career change,” he said, noting, however, that Generation Xers, those born roughly between 1963 and 1979 (the parameters have never been specifically defined), started investing, saving, or researching one or both earlier. “I find it easier to speak with Gen-X clients because of that awareness. They’re comfortable finding information on their own and presenting their ideas to me, and they’re more comfortable with the various software programs that can help them implement their own financial planning.

          “As early as five years ago, people were still saying ‘I can do this later,’ but I’m not hearing that as much,” he continued. “Today, I’m starting to see college students opening their own IRAs.”

          Tomaneng agreed with Grenier that there are social as well as political and economic reasons for the shift. But he said a common thread among many of his clients is that they’ve received somewhat of an early wake-up call, by seeing their older relatives struggling.

          “It’s less about lessons learned than it is about learning what not to do,” he said. “Many people under 40 see their grandparents with nothing, and that, in turn, has led them to understand the importance of having a nest egg, and also having legal documents in place.”

          Risk Takers

          That’s not to say there aren’t some challenges for people under 40 in addition to this new mindset.

          Molly Keegan, a registered representative and CPA with New York Life in Northampton, said this group has grown up largely in healthy economic times, and while that allows them to see the benefits of capitalism in general, it also leads them to spend more.

          “These people have grown up in wonderful economic times, so they want nice stuff,” she said. “Their life costs are much different than those of older people, and therefore it’s easier for them to get trapped in a debt cycle.”

          But Keegan added that Gen-Xers are also more prone to take financial risks than their parents and grandparents, and while debt coupled with risk is a real danger for many, she said those who are actively taking charge of their own financial futures by managing their cash flow and saving both pre-tax dollars — through a Roth IRA, for instance — and after-tax dollars are doing well.

          “It boils down to behavior management,” she said. “These people are in their building years, and high-wage earners and good savers are not always the same thing. Those who will be financially secure in the long run are those who will practice cash-flow management, save early and often, save for the long term and the short term, and avoid debt.”

          That advice resonates even more when some of the lifestyle choices of this age group are further examined, said Grenier. In addition to noting the effects of poor or tardy planning among older investors, other societal trends factor into the financial planning decisions of people under 40, such as having children later in life.

          In that case, Grenier said, more people than ever are saving for college and retirement at the same time, a scenario that serves as an apt example of the financial pressures that could emerge as people age, but may be alleviated by making saving and investment decisions earlier.

          “I approach it like building a house,” said Grenier of her work with younger clients. “I tell people to take care of their basic needs first — look at your cash flow, determine what any liabilities are, contribute to a retirement plan, and increase those contributions over time.”

          She also recommends investing in life and disability insurance, “so the other plans don’t fail because of catastrophe,” and accruing and saving at least four months of living expenses as a general rule of thumb.

          Beyond those steps, she said, the bulk of young professionals will then ask for assistance with creating a strategy to save for retirement, and for the most part are reaching that point armed with more knowledge — and wealth — than previous generations.

          A Matter of Trust

          But there are also some specific changes to the financial planning landscape in this country that specifically affect the under-40 set, among them the advent of one of the largest wealth transfers in history.

          Boston College’s Social Welfare Research Institute (SWRI) estimates that $41 trillion is expected to change hands in the U.S. between 1998 and 2052; $25 trillion of that is expected to pass from decedents’ estates to their heirs, while the remainder will go to estate taxes, charitable bequests, and estate-settlement expenses, according to the SWRI’s findings. Of the $25 trillion slated to move from one generation to the next, the majority is expected to pass to the children and grandchildren of Baby Boomers.

          That phenomenon, which was first reported by the SWRI in 1999 and updated in 2003 following a downturn of the economy, joins other variables that will impact younger investors, such as complicated tax law changes, dwindling numbers of defined benefit plans (being replaced by more versatile defined contribution plans), and the ever-fragile future of Social Security.

          Together, they create a climate in which younger investors are more likely to take charge of their own destiny, rather than depend on employers or governmental bodies.

          Robert Ostberg, a registered investment adviser with Eagle Strategies Corp. in Northampton, agreed with the notion that people under 40 are, in general, more financially literate and more willing to take risks than other generations, and that has an impact on their saving and investment habits.

          “The impact of the tools available today is significant,” he said. “Generation X is comfortable doing research, they’re self-reliant, and the information available to them, often for free, is more substantive than ever before.”

          Ostberg added, however, that the increase across the board in financial education also puts the onus on financial planners to be more progressive, in order to meet a new set of demands.

          “People under 40 are generally interested, and want to participate,” he said. “They’re more sophisticated in their demands, and they want more for less — they’ll shop price and will pay for personal service, so there’s an entrepreneurial challenge for us there.”

          Have No Fear

          But overall, most financial planners who spoke with BusinessWest agreed that the higher level of awareness concerning financial issues among clients is a positive. And even with all of the pressures and changes affecting those clients, Grenier concluded that, for the most part, these investors are not afraid of the mighty dollar, or of using it to their advantage.

          “People under 40 aren’t afraid of wealth,” she said. “They’re not embarrassed or apologetic. Most work to aspire to a lifestyle, they remain philanthropic, and to them, that’s the purpose of business.”

          Jaclyn Stevenson can be reached at[email protected]

          Departments

          Law Firm Opens Northampton Office

          NORTHAMPTON — Representatives of the Springfield-based firm Doherty, Wallace, Pillsbury and Murphy, P.C. recently celebrated the opening of a Hampshire County office at 60 State St. in Northampton. Thomas M. Growhoski, Esq. has joined the practice. The firm offers a wide range of legal services including litigation, corporate, probate, real estate, taxation, estate planning, and intellectual property law.

          Museum Launches New Web Site

          AMHERST — The Eric Carle Museum of Picture Book Art has launched a new Web site that features a new design, a greatly expanded online shop with more than 1,000 items, and improved educational resources for teachers and parents. The Web site, www.picturebookart.org, is now in its first phase of a three-phase program aimed at reaching out to new audiences and offering online visitors a more informative and dynamic Web experience. The site provides general museum information, an event calendar, a schedule of exhibitions, and information on fundraising initiatives, including membership. The museum determined as part of an extensive and ongoing strategic planning exercise, funded in part by a grant from the Institute for Museum and Library Services, that investing in the development of the museum’s Web presence would allow the museum to transcend geographical boundaries and provide enhanced access to its unique resources. Second and third phases of the project include the addition of special password-protected pages for members and other key constituents, as well as greater interactivity for children and families.

          STCC Offers GIS Program

          SPRINGFIELD — City planners, construction engineers, and real estate agents are among the many professionals who now use Geographic Information Systems (GIS) to create new information related to specific geographic locations, according to Dr. Ted Sussmann, chair of the Civil Engineering Technology Department at Springfield Technical Community College (STCC). In the spring, the college will launch a certificate program in GIS that will be offered through the School of Business and Information Technologies. The one-year program will prepare students for entry-level positions from technicians to data analysts and project managers. Sussmann and Nina Laurie, an associate for the National Center for Telecommunications Technologies at STCC as well as an adjunct faculty member, successfully applied for a $15,000 Mentor Links grant from the American Association of Community Colleges in 2005 to develop the GIS program. The grant program linked STCC with faculty mentors from Lake Land College in Illinois and the Kentucky Community and Technical College System, which have recently instituted GIS programs, to pass on their experience in curriculum development.

          Red Cross Honors Easthampton Savings

          EASTHAMPTON — The Hampshire County chapter of the American Red Cross recently presented Easthampton Savings Bank with its 2006 Philos Award. The award recognizes an individual or business that best exemplifies the spirit of charitable giving. The Red Cross cited several examples of the bank’s generosity, ranging from its donations over the years to many projects to sponsoring ads to enhance public responses to Red Cross events and fundraisers. In addition, the bank was cited for featuring Red Cross first aid information and products for sale in their lobbies in December.

          Mercy’s ED Leads Survey in Patient Satisfaction

          SPRINGFIELD — The Emergency Department (ED) at Mercy Medical Center has undergone several dramatic changes in recent months, and the hard work is paying off, with its selection as the best emergency room in a recent patient survey. Patient satisfaction is a top priority for Mercy’s ED, and the most recent survey ranks the ED first in patient satisfaction among the 33 acute-care Catholic Health East member hospitals. This recognition follows a recent renovation project in the ED that placed an emphasis on delivering the best medical care possible, as quickly as possible, using the latest available technology. Specifically, these changes included the adoption of a new triage system, improvements to the “Fast Track” system for minor injuries, and greater assistance from patient advocates. “Mercy’s ED often serves as a ‘front door’ to our facility, and we are grateful for the staff’s commitment and dedication to delivering treatment quickly and compassionately,” said James E. Fanale, M.D., chief operating officer of Mercy Medical Center.

          Sections Supplements
          Designating Someone to Handle Your Financial Matters

          As you may have already heard or read, a Durable Power of Attorney (DPA) is a very important and beneficial document to have available, not only as you age, but at other times as well. It is a very powerful tool in the hands of the right appointee.

          The usual and best form for a DPA is a broad and unlimited grant of authority by you (the principal) to your appointee (the attorney-in-fact), which authority is effective upon signing. The execution of a DPA fundamentally gives your attorney-in-fact the ability to be you as far as all of your assets and material possessions are concerned.

          In the absence of a DPA, the only mechanism whereby somebody is authorized to act on your behalf is to go to the Probate Court and petition to have somebody appointed as either your Guardian or Conservator. In each of those instances, the appointee will have the power and authority to handle and manage all of your assets.

          Whereas your attorney-in-fact is able to act without any supervision at all, the important and significant difference with a guardian or conservator is that the Probate Court will supervise their performance by virtue of the requirement of filing regular accountings. An accounting is the report to the court that lists assets received, their disposition, all income received, and each expense paid. While this supervision may seem desirable, it does include a degree of expense, formality, and time, which may not always be beneficial.

          While the simplicity and directness, not to mention efficiency, of a DPA is more often than not appropriate, it does open up the opportunity for concerns relative to supervision. Think about it this way: Suppose you were to take all of your assets and convert them into widely circulated 10- and 20-dollar bills and place all of it in a strong box. Then, you hid that strong box in a place that only you and your potential appointee knew about. Finally, you assured your appointee that for one week he would be able to access that strong box without anybody in the world knowing or seeing. In that situation, are you willing to appoint this person as your attorney-in-fact?

          If your answer is anything but an immediate and unqualified, “yes” with regard to that appointee, then you should not appoint that person and begin thinking about someone else. In most instances, people are completely comfortable with those they appoint and are able to derive the full measure of benefits available from an effective DPA.

          You should also contemplate appointing a successor attorney-in-fact, since, if the document is worth having in the first place, it is worth having it be as durable as possible. Successors should be named who can serve in the event that the first, or even second, named individual is not available, and thereby allow for action on the principal’s behalf by somebody duly authorized.

          Another consideration to bear in mind when appointing somebody to be attorney-in-fact is geography. Appointing somebody local rather than distant can offer both logical and logistical benefits.

          Oftentimes people say that they cannot choose among the people they are considering, and therefore seek to appoint more than one person as co-appointees. While this is permitted in the context of a DPA, it is frequently discouraged for the reason that “rule by committee” often turns out to be no rule at all. This means that any disagreement between the appointees leads to inaction, or possibly controversy, and bitterness may ensue.

          It is also important in the course of thinking about whom you might appoint that you contemplate who might best discharge the responsibilities of being an attorney-in-fact, rather than simply appointing the oldest or the closest geographically. In this way, you will have someone who will exercise rational and thoughtful judgment in the course of acting on your behalf.

          The final aspect of this topic involves the issue of whether to utilize a durable power attorney that has a ‘springing’ power, or one that is effective immediately. A springing power is one where the attorney-in-fact’s authority to act comes into effect at such time as you are no longer able to function capably on your own behalf. This is to be distinguished from a DPA that is effective immediately upon signing.

          As you contemplate whether your DPA should be effective immediately, consider the following: very often the point in time when you are no longer functioning capably is not a clear line in the sand. Disagreement and anxiety might arise between you and the attorney-in-fact who believes that it would be beneficial for you to have the help at a time when you might not agree.

          Furthermore, if you are willing to appoint this person and trust him or her enough to take on this significant responsibility after you are no longer able to function on your own behalf, why then wouldn’t you want to take advantage of having them available while you are still competent to the extent that there are circumstances and/or opportunities when it might be beneficial or convenient to have that help?

          There are likely to be times when you are traveling, or even if you are just feeling under the weather, when you can not get out to file a document, pay a bill, or renew a CD in a timely fashion. It can be very convenient to have your appointee available to take care of such things for you.

          Despite the possible concern relative to the unsupervised authority of your attorney-in-fact, the durable power of attorney is indeed is one of the most desirable and beneficial documents to have within your estate planning arsenal.

          Bruce M. Fogel is a lawyer with Bacon & Wilson Morse & Sacks in Northampton. He is a member of the firm’s estate planning, elder, real estate, and business departments. He has extensive experience in matters relating to income, gift, and estate taxes, and he focuses on the tax implications of all legal transactions; (413) 584-1287;[email protected]

          Departments


          Pedro J. Caceres

          Pedro J. Caceres has been appointed Global Vice President of Operations at LENOX® in East Longmeadow. He will be responsible for all manufacturing processes and support operations for the tool and band saw areas in support of LENOX’s global expansion.

          •••••

          Stevens Urethane has hired James P. Galica as Vice President of Market and Product Development.

          •••••

          Kristin S. Gravanis has been promoted to Assistant Vice President in the Mortgage Department at TD Banknorth Inc. in Springfield.

          •••••

          Frank Chiera Jr. will lead the Advertising, Marketing and Public Relations Department for Rocky’s Ace Hardware.

          ••••••

          Suzanne L. Parker has been named Executive Director of Girls Incorporated in Holyoke.

          •••••

          Douglas Fish has been named Director of Financial Aid at American International College in Springfield.

          •••••

          Park Square Realty of Westfield has hired Duane Desilets as a Sales Associate in its Westfield office. His focus is in residential listings and sales.

          •••••

          Century 21 Pioneer Valley Associates announced the following:
          • Greg Dibrindisi has joined the firm as a Salesperson;
          • Erica Burns has joined the firm as a Salesperson;
          • Naomi Gendron has joined the firm as a Salesperson, and
          • Bruce Dearborn has joined the firm as a Salesperson.

          •••••

          Dr. Denise Spence has joined Amherst Medical Associates and the practice of Drs. William Smith and Joseph Coppola. Dr. Spence is board-certified in internal medicine and has special interests in women’s health care as well as preventative medicine and diabetes.

          •••••

          Go FIT announced the following:
          • Doug Plavin has been named Program Director;
          • Harriet Fingeroth will assume responsibilities for the Go FIT Mentor Training Program;
          • Additional staff members have been added to support clinic offerings including: Patrick Tudryn, Mary Lovett, Amy Greenbaum, and Laura Hutchinson;
          Speakers set to lecture at Go FIT include:
          • Dr. David Cates, a licensed clinical psychologist and program manager for the Child and Adolescent Partial Hospital Program, Day School Program, and Central Intake Department in the Division of Behavioral Health at Baystate Medical Center;
          • Erin Smith, a registered dietician and certified diabetes educator;
          • Gail Stathis, a safety educator from Baystate Health System, and
          • Kelly Tetrault-Stellato, a registered dietician who is also certified in first aid, weight management consulting, personal training, and yoga.

          •••••

          TD Banknorth Insurance Agency Inc. in Springfield announced that Rosa Dell’Aera-Smith has been promoted to Assistant Vice President.

          •••••

          Fidelity Bank has hired Brenda L. Young as Branch Services Manager for its Gardner office. She will be responsible for overseeing the daily operations of the facility.

          •••••

          James B. Ingram was recently awarded the International Society of Arboriculture 2006 Award of Merit. Ingram is the Vice President and Division Manager of the Northeast Division of Bartlett Tree Experts in Osterville.

          •••••

          At the 15th annual meeting of the Community Foundation of Western Massachusetts, the following announcements were made:
          • Stephen A. Davis was appointed Chair of the Board of Trustees;
          • Elizabeth D. Scheibel was appointed Vice Chair;
          • Peter Daboul was named to the Board;
          • Jean Deliso was named to the Board;
          • James Morton was named to the Board;
          • Peter Picknelly was named to the Board;
          The following members were also nominated to serve an additional term: Bruce Brown, Carol Leary, Sonia Nieto, Mary Ellen Scott, and Linda Silva Thompson.

          •••••


          Michael M. Lefebvre

          Michael M. Lefebvre has been promoted to Senior Vice President in the Commercial Lending Division at TD Banknorth Massachusetts in Springfield. He will continue to handle middle-market lending for business customers throughout Western Mass.

          •••••

          Peter Pan Bus Lines President Peter A. Picknelly recently dedicated a Springfield terrace to the memory of his late father, Peter L. Picknelly Sr., and his late mother, Mary F. Picknelly, at the corner of Park Drive and Normandy Road on the Springfield-Longmeadow border adjacent to Forest Park. The Picknelly family and Peter Pan developed the Springfield terrace as part of the city’s Adopt A Terrace program. The terrace has been landscaped by Ottani Landscaping and has an irrigation system, a park bench, and a memorial stone with Picknelly’s parents’ names inscribed.

          •••••

          Dowd Insurance Agency of Holyoke announced the following:


          Lori Slezak

          • Lori Slezek has been named Chief Financial Officer and Vice President of Administration, and

           

           

           

           

          David W. Griffin

          • David W. Griffin, CIC, Licensed Advisor and Partner, has been named Senior Vice President.

          •••••

          Meyers Brothers Kalicka of Holyoke and Greenfield announced the following:
          • Jeremy M. Leblond, CPA, has met the requirements to obtain an MBA;
          • Lisa M. Hazeltine has met the requirements to obtain an MSA, and
          • Christel D. Harju has joined the firm as a Senior Associate in the Holyoke office.

          •••••

          Bacon & Wilson, P.C. of Springfield announced that the following attorneys were named “Super Lawyers” in the November issue of Boston Magazine:


          Paul R. Salvage

          • Paul R. Salvage, Co-chairman of the Insolvency Department;

           

           

           


          Gary L. Fialky

          • Gary L. Fialky, Chairman of the Corporate Department;

           

           

           


          Michael B. Katz

          • Michael B. Katz, Co-chairman of the Bankruptcy Department;

           

           

           


          Paul H. Rothchild

          • Paul H. Rothschild, Chairman of the Litigation Department’

           

           

           

           


          Stephen N. Krevalin

          • Stephen N. Krevalin, Managing Partner;

           

           

           

           


          Hyman G. Darling

          • Hyman G. Darling, Chairman of the Estate Planning and Elder Law Departments, who was also a speaker at the National Academy of Elder Law Attorneys’ Advanced Elder Law Institute in Salt Lake City, Utah, in November;

           

           

           


          Francis R. Mirkin

          • Francis R. Mirkin, whose areas of practice include commercial and residential real estate;

           

           

           

           


          Bruce M. Fogel

          • Bruce M. Fogel, a member of the estate planning and elder, real estate and zoning, and business and corporate departments, and

           

           


          Gary F. Bevilacqua

          • Gary F. Bevilacqua, whose primary area of practice is real estate.

          •••••

           

           

           


          Jacqueline Keegan McColgan

          Nursing professor Jacqueline Keegan McColgan has been honored as the 2006-07 recipient of the Joseph J. Deliso Sr. Endowed Chair at Springfield Technical Community College. At STCC, the Deliso Endowed Chair award includes a $3,000 grant, with half to further the honoree’s professional pursuits and half in grant for the recipient’s academic department. McColgan is planning to use the department share of the award to update hospital equipment such as IV pumps and patient feeding pumps that are used in simulation experiences.

          •••••

          Diane M. Brzozowski, CPA, has been promoted to Audit Manager at Downey, Sweeney, Fitzgerald & Co., P.C., with offices in Springfield and Westfield.

          Departments


          Douglas A. Bowen

          Holyoke-based PeoplesBank announced two key promotions at the executive level: Douglas A. Bowen has been promoted to President and Chief Operating Officer from his current role as Executive Vice President and Chief Lending Officer.

           

           


          Joseph D. LoBello

          Current President and Chief Executive Officer Joseph D. LoBello is taking on the new role of Chairman and Chief Executive Officer. The announcement follows a Nov. 15 unanimous vote of the Board of Directors of PeoplesBank. “Doug Bowen and I have worked side by side to make this institution the premier community bank in Western Mass.,” said LoBello. “He is a results-driven, strategic, and creative leader with over 30 years of progressive banking experience. Doug also has a strong connection to our community and has dedicated countless hours of volunteer service toward enhancing the quality of life in our region.” In his former position of Chief Lending Officer, Bowen was directly responsible for the PeoplesBank commercial and consumer-lending portfolio of over $1 billion, with much of this growth attributable to the Commercial Lending Division that he started in the late 1980s. LoBello will continue to remain active in the overall management of PeoplesBank in his new role as Chairman and Chief Executive Officer. He joined Peoples Savings Bank in 1992 as President and Chief Executive Officer when the Bank had assets of approximately $400 million. Since that time, he has led the planning efforts and the management team that have grown the bank into a market leader with over $1.4 billion in assets today.

          •••••

           


          Heather G. Beattie

          Attorney Heather G. Beattie has been appointed a Partner of Morrison Mahoney LLP in Springfield. Her practice is concentrated in the areas of general liability defense including medical malpractice, professional liability, and health law. Beattie has more than 32 years of combined experience in the health care and law fields.

           

          •••••

          William F. Steplar has been promoted to Investment Services Officer at Easthampton Savings Bank.

          •••••

          Ruth Moriarty has been appointed Activities Director at Sarawood Assisted Living in Holyoke.

          •••••

          The Greater Springfield Convention and Visitors Bureau has appointed Jennifer M. Marion as Convention Center Sales Manager for the MassMutual Center in Springfield.

          •••••


          Steven G. Budd

          Steven G. Budd, Assistant Vice President for Institutional Advancement at Springfield Technical Community College, has been elected President of the National Council for Resource Development. Based in Washington, the council serves more than 1,550 members at two-year colleges throughout the United States. In addition, the council focuses on professional development for fundraising professionals and develops leaders in the field.

          •••••

          The Springfield-based law firm of Bacon & Wilson, P.C. recently announced its merge with Monsein & MacConnell in Amherst. Bacon & Wilson wanted to expand its reach across the river in Hampshire County, and Monsein and MacConnell’s well-established real estate and litigation practice is complimentary to Bacon & Wilson’s ideals and goals. The newest members of the Bacon & Wilson team are:


          Stephen B. Monsein

          • Stephen B. Monsein, a member of the domestic relations and litigation departments. His work is primarily concentrated on divorce cases, but he also handles personal injury cases and does a significant amount of OUI defense work each year. He is a Fellow with the Massachusetts Chapter of the American Academy and Matrimonial Lawyers and has been active in Pelham Town Government and UMass activities for many years.

           


          Peter W. MacConnell

          • Peter W. MacConnell, a member of the real estate department handling both residential and commercial transactions. He also spends a considerable amount of time on zoning and land-use issues, almost exclusively on the developer side. In addition, he also does estate planning and corporate legal work.

           

           


          Stacey D.C. Brock

          • In addition, Bacon & Wilson recently hired Stacey D.C. Brock. She will split her time between the Amherst and Springfield offices. Brock is a member of the litigation department with a strong background in education law and both criminal and civil litigation. She is a former staff attorney in the Special Education Division of the New York City Department of Education, where she focused primarily on IDEA and Section 504 compliance. She has also represented parents of children with special needs in their attempts to seek appropriate services from their school districts. Brock is an Amherst Town Meeting member and a member of the Board of Directors of Berkshire Art and Technology Charter School.

          •••••

           


          Thomas Manzi

          Thomas Manzi, a financial advisor in Springfield, has been elected to his second term as President of the Exchange Club of Springfield.

           

          •••••

           

          Bank of America’s Global Wealth & Investment Management division has named Nina Charnley as Northeast Regional President for The Private Bank of Bank of America.

          •••••

          Terry Bartus has joined Century 21 Pioneer Valley Associates as a Sales Associate.

          •••••

          David E. Pelkey, Director of Manufacturing at Merriam-Webster Inc. in Springfield, has been inducted into the Publishing Executive Hall of Fame, an honor given to leading publishing executives in book, magazine, catalog, and advertising promotion.

          ••••

           

           

          Meyers Brothers Kalicka, P.C. of Holyoke and Greenfield announced the following:
          • Anthony J. Gabinetti, CPA, has joined the firm as a Senior Manager in the Holyoke office;
          • Bridget M. Hale, CPA, has joined the firm as a Senior Associate in the Holyoke office;
          • Abigail Kingman and Kaitlin E. Scahill have begun a 10-week internship in the Holyoke office;
          • Maura J. Perry has joined the firm as a Bookkeeper in the Holyoke office, and
          • Deborah A. Gates has joined the firm as a Receptionist in the Holyoke office.

          •••••

          TD Banknorth Massachusetts in Springfield announced the following:
          • Kenneth F. Tobias has been promoted to Assistant Vice President in Merchant Services, and
          • James W. Broderick Jr. has been promoted to Senior Vice President in the Commercial Real Estate Lending division.

          •••••

          The Bank of Western Massachusetts in Springfield announced the following:


          Sandra J. Batura

          • Sandra J. Batura has been appointed Assistant Vice President and Private Banker with responsibility for the development of new business via financial planning as well as providing personal banking and credit solutions for clients;

           


          Erin L. Couture

          • Erin L. Couture has been appointed Credit Officer and Portfolio Manager with responsibility for the coordination of, and analytical support for, all commercial loans and assisting commercial lenders in administering a portfolio of commercial loans and renewals as well as monitoring lines of credit;



          Michele A. Lindenmuth

          • Michele A. Lindenmuth has been appointed Assistant Vice President and Small Business Lender/Market Manager with responsibility for the overall day-to-day operations of the State Street, Springfield branch, and

           

           

           


          Cathy A. Roberts

          • Cathy A. Roberts has been promoted to Assistant Vice President and Mortgage Officer with continued responsibility for developing and maintaining new mortgage business.

          •••••

          The law firm of Graham and Albano, P.C. in Hadley has hired Patricia A. Szumowski as a Partner. The firm will be known as Albano and Szumowski, P.C. Szumowski’s practice will focus on litigation in federal and state courts.

          •••••

          Dave Boisselle has been promoted to Vice President of Operations for J. Polep Distribution Services in Chicopee.

          •••••

          Dr. Stephen A. Wolman, an endodontist, has joined the team at Valley Dental Eastfield at 1655 Boston Road in Springfield.

          •••••

          John Majercak, Director of the ReStore Home Improvement Center in Springfield, has been elected to the Board of Directors for the Building Materials Reuse Association.

          •••••

          Dr. Adnan Dahdul, Medical Director of HealthSouth Rehabilitation Hospital of Western Mass. in Ludlow, recently received HealthSouth Corporation’s ‘Outstanding Medical Leadership Award.’ Dahdul was chosen as the 2006 award recipient from among more than 100 HealthSouth medical directors throughout the country.

          •••••

          Countrywide Home Loans has promoted Kathleen Dancy to Branch Operations Manager. She will manage the West Springfield operations department.

          •••••

          Hay Creek Hospitality LLC has named Victor Cappadona as General Manager of the Orchards Hotel in Williamstown.

          •••••

          Dr. Joseph P. Coppola, Medical Director of Amherst Medical Associates, has completed and passed the examination for recertification in Internal Medicine.

          David M. Orfalea has been promoted to District Manager for Modern Woodmen of America, which offers financial services and fraternal member benefits to individuals and families throughout the country.

          •••••

          The Ludlow Chapter of Business Networking International recently presented Tani Dugger, owner of Insight Photography, with a certificate of achievement for passing the highest number of referrals at its October meeting.

          •••••

          Weiner Law Firm, P.C. has elected Gary M. Weiner to a three-year term as attorney member of the Board of Governors of the Commercial Law League of America.

          •••••

          Raymond Glick of Glick’s Lawns of Huntington has joined the Professional Landcare Network, which provides ongoing educational and safety programs.

          •••••

          Cashman and Katz Integrated Communications of Glastonbury, Conn., has hired Preston Oliver as Assistant Art Director and Web Developer, and Kate Guerin as Public Relations Associate.

          Sections Supplements
          Steps to Take Even If You Think There Is No ‘Probate’ Estate

          The passing of a parent, spouse, partner, or good friend is never easy to address or contemplate. In addition to the physical and emotional loss, the mere thought of navigating through the legal system is frequently overwhelming.

          Generally speaking, if your loved one passes away and clearly has significant assets in his or her own name, i.e. stocks, bonds, or other securities; partnership business assets; bank accounts; real estate; or other assets, it is helpful to engage the counsel and assistance of an experienced estate administration attorney to provide guidance and help through the complex probate process.

          Even if there is not a formal probate, certain steps should be taken. Some of them include:

          • Checking for abandoned property;
          • Filing the will with the appropriate court;
          • Changing title to jointly owned assets;
          • Contemplating whether estate tax returns are due.

          One of the first things you should address is whether your loved one left a valid last will and testament. When this happens, he or she is said to have died “testate,” and where no will is found or properly executed (signed), then the decedent is said to have died “intestate.”

          If you think that a will was properly signed by your loved one, but you can’t locate the original document, present whatever paperwork you have to your attorney and discuss the issues and options. Your loved one’s original will and other essential estate-planning documents may have been left with the offices of the attorney where the will was executed for safe-keeping, or the paperwork may be located in your loved one’s safe deposit box, which might not be easily accessed. Where appropriate, however, a photocopy can be probated.

           Whether or not a probate action is required will be determined, in part, by whether the person who passed (known as a “decedent”) held any assets that require a change in title from his or her own name alone. Generally speaking, all property is held in one of three ways:

          Decedent’s name individually. This is when property is held in an individual’s name alone, so that some formal legal, (probate) action must occur to change the title. An example would be bank accounts in one person’s name or real estate held as a tenant in common. A tenancy in common indicates that each owner holds a separate share of the property, and that the interest can be sold by each separate owner, and/or it descends through probate for each separate owner.

          A joint tenant designation or tenancy by the entirety. This usually means that survivorship is the only requirement to establishing one’s title. When a couple holds real estate or securities as joint tenants, the recording or submission of a certified death certificate is usually sufficient to establish the sole ownership of the surviving joint owner.

          Designated Beneficiary. Ownership is clearly defined where there is a designated beneficiary under a contract. This would include named beneficiaries (other than one’s estate), trusts, a life insurance policy, annuity, or pension benefits.

          Of the three title holding methods above, a probate action will only be required to be filed with the court where your loved one died owning assets in his or her name as described in example number one.

           If your loved one died with probate assets, the will and other paperwork must be filed and approved by the court and a fiduciary (responsible party) appointed to assist with moving the matter through the probate process. The fiduciary collects assets, pays bills, and ultimately distributes the net assets according to the decedent’s wishes under the will and/or as allowed under state law. A male fiduciary of an estate is referred to as an executor or administrator, depending on whether the decedent died testate or intestate, while a female fiduciary is an executrix or administratrix.

           Even if there are no probate assets, an original will and certified death certificate should be filed with the county probate court where the decedent lived. Here are some examples where filing with the Court is still prudent even though not required:

          • Where you believe that all of your loved one’s assets were jointly held;
          • Where there were designated beneficiaries for all assets (such as life insurance or annuities which name beneficiaries);
          • Where one died an impoverished resident of a nursing home, such that Medicaid is paying for the stay.

          It is important to note that the general public is not required to file a decedent’s will with the court; nor are there statutory sanctions or penalties for not filing the paperwork.

           This filing is, however, recommended because you cannot know with certainty whether your loved one was named in a will of another, or whether there is that $8 million lottery ticket, as yet uncashed, sitting in your loved one’s old winter coat pocket. Further, probate records are regularly searched in conjunction with performing a title search for real estate, and it can be a significant time saver when the will and certified death certificate are on file with the proper court.

           Real estate conveyancers frequently have to address and resolve situations where a title search for a parcel of land reflects a ‘missing probate.’ In other words, a prior owner did not completely grant all of his interest in real estate when it was conveyed. Therefore, a portion of the interest remained in the property owner’s name at the time of his or her death. The original conveyance that triggered the problem, however, could have occurred decades before your loved one’s passing, but the oversight might have gone unnoticed. Without the will and death certificate on file, the search for the current record owner becomes harder and more expensive. If you file the will and death certificate with the court in a timely fashion, obstacles to clearing the record title will be reduced.

           In Massachusetts, if you file your loved one’s will and death certificate with the court together with a statement that there are no assets requiring probate, then there is no fee. On the other hand, if an original will is provided to the court without a certified copy of the decedent’s death certificate, then it is considered to be held for safe-keeping, and a $75 filing fee must be paid before the court will accept it. Generally the paperwork should be filed where your loved one last permanently lived.

           For non-probate assets, such as jointly held bank accounts or brokerage accounts, proper notification of your loved one’s passing, together with the correct tax-reporting form for the survivor(s), must be provided to the institution. In addition, under certain circumstances you might have to file federal and Massachusetts estate tax returns, even though there is no probate estate.

          This is because the estate tax returns measure the transfer of all assets or interests that a decedent owned at the time of death, which includes assets held individually, jointly, in trust, life insurance proceeds, or in any other capacity, as well as certain gifts which may have been made during the decedent’s lifetime.

          Even if an estate tax return is not required to be filed, you might still have to record an affidavit of no estate tax when your loved one died owning an interest in real estate, but where the total value of the decedent’s estate falls below the required filing threshold for a formal estate tax return.

          The question of whether a probate action has to be filed for a deceased loved one is only the tip of the iceberg. Generally, even if you think that no other formal action is necessary, it is recommended that you contact an estate administration attorney to discuss the issues that may have to be addressed. In the process, the lawyer will also confirm that your loved one did not leave any abandoned property by design or neglect sitting in the state’s coffers. All loose ends will be tied up.

          Lisa L. Halbert is an associate with the Springfield-based law firm of Bacon & Wilson. She is a member of the estate planning, elder, and real estate departments and is especially focused on matters relating to asset protection. She works out of the firm’s Northampton office; (413) 584-1287,[email protected].

          Sections Supplements
          New Leadership Charts a Course for Estate Settlement Solutions Company
          From left, Greg Caldicott, Tom Murphy, and Bill Zierolf, the new leadership team at EstateWorks.

          From left, Greg Caldicott, Tom Murphy, and Bill Zierolf, the new leadership team at EstateWorks.

          Greg Caldicott has developed a strong track record for taking emerging products, introducing them to the marketplace, and building strong sales organizations around them.

          He did it at Wellesley-based XFormx, a Web conferencing and collaboration company, where he led the launch of an entry-level product built on an innovative, low-cost ‘desktop-to-browser’ architecture; it was eventually named PC Magazine’s best new product of 2004.

          He handled a similar assignment at Boston-based Radio Active Media Partners (now Next Radio Solutions), where he was recruited by the chief executive officer to lead the growth of the company, considered a pioneer in Internet radio services, to portal partners like Bellsouth and Barnes & Noble. He quickly increased the number of monthly listener hours from 150,000 to 1 million by signing new affiliate partners and improving the quality of service.

          It was numbers like these that prompted local attorney Tom Murphy to tab Caldicott for the assignment that will form the next line on his resume — taking the company Murphy started, EstateWorks Inc., developer of a Web-based on-demand estate settlement and planning product, to the proverbial next level in terms of sales and market expansion.

          Actually, Caldicott represents one half of a new leadership team assembled for EstateWorks, a Maynard-based company backed with investments from several Western Mass. business leaders. The other half is Bill Zierolf, who brings with him to the job of ‘executive chairman’ more than 25 years of experience with information services, software, and Internet companies.

          His most recent stop, for example, was at Southboro, Mass.-based True Advantage, a maker of on-demand lead-generation software. There, he directed a successful turnaround, during which he led the roll-out of new software and database products, restructured the organization, hired a new management team, improved renewals from 20% to 70%, and closed deals with several new customers, including IBM, Yahoo, and Herman Miller.

          Together, Caldicott and Zierolf are tasked with taking a venture that has always looked good on paper — its products streamline and simplify the often-complex estate settlement and estate planning processes, issues that touch millions of individuals and the professionals handling their affairs — but has thus far not seen the results expected from Murphy and its primary investors.

          “I think we’re just barely scratching the surface in terms of this market,” said Caldicott. “We have some great, very prestigious customers, we just need more of them; we’re at the point now where the product is developed and it’s time to gear up sales and marketing, and we have pretty high expectations for growth.”

          Zierolf agreed, and said those expectations are based on the size and potential of the market, as well as some quick and effective steps planned to address several matters, including focused marketing and efforts to raise the value proposition for a product that is already in demand.

          “This product has a very focused market; we’re in a defined space, and we know exactly who we’re selling to — estate and settlement attorneys and banks,” he said. “One problem some companies have is that they build a mousetrap and then they search for a market. It’s hard to create a market, and we didn’t have to; it’s there.”

          Taxing Situation

          As he talked about the challenge ahead for himself and Zierolf, Caldicott found himself referencing a recent Monday Night Football game — the one during which the Arizona Cardinals blew a huge third-quarter lead through a series of blunders and wound up losing to the Chicago Bears.

          That staggering collapse is not in any way comparable to what has happened at EstateWorks, he said, but it does hit upon one of the clear parallels between sport and business.

          “More than 80% of games are won on execution, not the game plan,” he explained, noting that the Cardinals obviously had a good game plan, as evidenced by the large, early lead, but didn’t execute well, or did but not for the entire game. “Usually, it’s not how you draw it up, but how you execute.”

          EstateWorks has been drawn up very well, he continued, adding that better execution is at the heart of Murphy’s efforts to assemble a new leadership team and undertake what would be a third round of financing. Both were designed to provide the resources needed to take the company and its product to its next projected phase of significant market explansion.

          EstateWorks has already established itself as a leader in Web-based estate-settlement matters for law firms and financial services companies, said Murphy, and it has amassed a star-studded client list that includes Bank of America, Merrill Lynch, Branch Banking & Trust Co., Ropes & Gray, and the law firm Choate, Hall & Stewart. The next step is to become a major force in the trusts and estates market, thus moving the venture from startup to growth company.

          Caldicott was hired this summer in a consulting capacity to help shape the strategy for meeting that goal, and saw enough potential in the product and its future to become a candidate when Murphy launched an intense, five-month-long search for a new CEO last spring. Zierolf also became a candidate, and Murphy was impressed enough to add the new position of executive chairman and make him part of the team.

          What Caldicott saw was a product already in demand, but one to be much more so as the Baby Boom generation, which has created and inherited great amounts of wealth, moves to retirement and beyond.

          “We’re talking about a product that focuses on death and taxes, two of the constants in life,” he said. “They aren’t going anywhere; the market for this is huge, and it will only grow as the Baby Boomers age.”

          It was this potentially vast market that Murphy, a partner with the Springfield-based law firm Murphy, McCoubrey & Auth LLP, envisioned when, in 2001, he laid the groundwork for the venture that would eventually become EstateWorks.

          He was actually inspired in some ways when he encountered the complexities and frustrations of estate settlement after the death of his father. After discovering that many important documents were missing and difficult to assemble, he started thinking about a system that streamlined the process and put the important information and documents where people could get their hands on them. The resulting product was something called FamilyFiles

          The initial target audience was individuals, said Murphy, adding that he and his investment partners soon switched their focus to the accounting firms, banks, law firms, and other institutions that handle estate planning and estate settlement.

          Web of Intrigue

          After years of R&D, the company created a Web-based product grounded in risk-reduction and greater efficiency. Among other things, it can:

          • Store client data, including contracts, documents, and assets;
          • Automate routine, manual data processes;
          • Provide detailed checklists, customized to a particular bank, law firm, or accounting firm;
          • Track due dates to ensure timely completion of tasks; and
          • Facilitate data sharing in documents, forms, and external systems.

          The product was introduced at a convention of estate-planning and settlement professionals in late 2002, and soon thereafter, the company got a call from Goldman-Sachs and its New York office, which validated the EstateWorks solution and value proposition after a Web demonstration conducted from Maynard. The client list soon included several smaller law firms, but also national and international financial services giants such as Bank of America and Merrill Lynch.

          The mission for Caldicott and Zierolf, which they’ve decided to accept, is to take the apparently strong demand for the EstateWorks product, as well as its solid foundation of clients, and build on them. In other words, they want to match the current quality of customers with far greater quantity.

          Which brings Caldicott back to that word execution.

          He considers it one of the many legs to the table supporting such a business venture, with others including a quality product, strong value proposition, capital, market (demand), and leadership. “We have all the pieces in place,” he said. “Now we have to go execute; and that’s why we’re really excited about this company and where we can take it.”

          Specific tasks for the months ahead include bulking up and energizing the sales staff, creating stronger market-wide awareness of the product and its many benefits, and enhancing that product to create more value for customers, said Zierolf, who has experience with many of these assignments in his various turn-around projects.

          “We want to enhance the product with more features and functions, and adding more professional services to our offering,” he said. “By doing so, we’re not just selling software, we’re selling a solution that can be implemented and add value right away.

          “One of the worst things about the software industry 10 or 20 years ago is that people would just sell software; they’d sell a CD, and the client would have to install it,” he continued. “On-demand software is a service, it’s a completely different model; we help them get trained on the software and get it loaded. The key is that we’re not selling software licenses; we’re selling solutions.

          Caldicott told BusinessWest that he, Zierolf, and other members of the leadership team are preparing a strategic plan and identifying financial goals. Specific revenue numbers were not revealed, but the leadership team does anticipate that 30% to 40% annual growth is certainly achievable.

          The reason? The amount of the market that remains untapped.

          “We have about 50 customers,” he explained. “There are 8,000 banks in the U.S. and several thousand law firms out there. That’s why we think we’re barely touching the surface.”

          Going on Offense

          Caldicott was wary about drawing too many parallels between business and sports — and specifically that bizarre MNF tilt.

          But there are some similarities, he continued, including teamwork, leadership, having the right game plan, and, of course, execution.

          That’s what he wants to help bring to this company that would appear to have all the other ingredients in place to go where Murphy wants it to go.

          In short, he has no intention of losing this third-quarter lead.

          George O’Brien can be reached at[email protected]

          Sections Supplements
          And All of Them Can Be Easily Corrected

          To err is human, and to correct is divine. If you have an existing estate plan and haven’t revisited it for several years, or you never thought you needed one, there is no time like the present to fill that gap. You can address past oversights and begin creating an effective plan that protects your interests and those of your heirs.
          Since no one has a crystal ball to tell what the future holds, here is a list of 10 common estate planning mistakes that can be easily be corrected.

          1. Failure to accurately determine your taxable estate. It is important to understand what assets are taken into consideration in determining your taxable estate. Assets such as real estate, stocks, bank accounts, IRAs, and life insurance are all included in your taxable estate. By not properly valuing it you could be subject to a significant amount of estate tax, thereby reducing the amounts that could be left to your family and friends. It is crucial that you make yourself aware of the available estate planning options that could reduce or even eliminate potential estate taxes.

          2. Failure to recognize recent changes to the Massachusetts estate tax law. Massachusetts recently ‘decoupled’ its estate tax from the federal estate tax, which means that your estate could be subject to Massachusetts estate tax even if no federal estate tax is due. Since the federal estate tax exemption is currently $2 million and the Commonwealth’s threshold is $1 million, without proper planning, this variance could result in an unpleasant surprise for your heirs upon your death. It’s a good idea to review your current financial situation to determine the potential exposure to Massachusetts estate tax and how to minimize it.

          3. Failure to plan for a physical or mental disability. A power of attorney guarantees that your finances will be handled properly by someone you trust. A health care proxy will provide you with the comfort that your health care decisions will be made according to your wishes, thereby reducing that emotional burden on family or friends. If you do not have an updated health care proxy and power of attorney, costly and time-consuming court proceedings may be required in order to appoint a guardian or conservator to act on your behalf if you become physically or mentally disabled. These two documents are quite effective and relatively easy to implement.

          4. Failure to review and update your estate plan. It is essential that you periodically review your estate plan to make sure it reflects your current wishes. Failing to address changes in the law or in your personal financial and family circumstances can result in additional taxes, family conflicts, and unintended people receiving a significant part of your estate. If any of the following events occur, you should make certain to review your estate plan:

          • Relocation to another state;
          • Changes in the estate tax laws;
          • Birth of a child or grandchild;
          • Receipt of an inheritance;
          • Marriage;
          • Death of an intended beneficiary; and
          • Acquisition of real estate.

          In order to keep your plan current, you should review it every three to five years.

          5. Leaving your estate outright to minor children. In the unfortunate event that you die while your children are still young and maybe not responsible enough to handle a large sum of money, it might not be in their best interest to leave them their share outright. Without proper planning you could end up leaving thousands of dollars that young children may spend as they see fit.

          Think back to when you were 20 years old. If you came into a significant amount of wealth to spend at your disposal, the money may possibly have been spent before your 21st birthday. To adequately address this scenario, your estate planning documents may provide that if any of your estate passes to someone who is under 30 or 35, it should be held in trust for them and paid out at predetermined ages. For example, one-third may be paid at age 25, one-half at age 30 and the balance at 35.

          If you want to teach your children financial responsibility but also want to make sure they are properly cared for, you could have language in your documents stating that during the term of the trust, income and principal should be paid to your children for their health, education, support and other legitimate purposes.

          6. Failure to plan for the possibility of a child getting divorced or having creditor issues. If your child is going through a divorce or has substantial creditor issues, you need to create an estate plan that will not bring unintended results. For instance, would you want your ex-son or daughter-in-law to be awarded an interest in your estate by a court? Alternatively, if your child has significant creditor issues, would you want their inheritance to be subject to a legal judgment against him or her? Such problems can be minimized through proper use of trusts or a business entity, such as a family limited partnership or limited liability corporation.

          7. Failure to review beneficiary designations and asset ownership. Certain types of assets, such as life insurance policies and IRAs, pass directly to the recipients you specify on your beneficiary designations. Other assets pass by right of survivorship, such as bank accounts or real property held as joint tenants with right of survivorship. Assets such as these pass according to the beneficiary designation or the surviving joint tenant, regardless of the provisions of your will.
          For example, if you intend to leave a joint bank account to all of your children but you only designated one child as a joint owner of the account, that child is only under a moral responsibility, not a legal one, to give his or her siblings an equal share of the account upon your death. Therefore, when planning your estate, it is important to review these types of assets to assure that the individuals designated as beneficiaries are those you intend to receive these assets. 

          8. Failure to address life insurance ownership. Life insurance is often a significant part of an individual’s estate plan. A common misconception that people have about life insurance is that the policy is tax-free. It is important to understand that life insurance death benefits are not subject to income tax. However, they are subject to estate taxes if the policies are owned by the insured at their death. This can reduce up to 60% of your policies’ values. By transferring the ownership of your existing policies or purchasing a new policy through an irrevocable life insurance trust, you can avoid paying unnecessary estate taxes.

          9. Failure to create a business succession plan. If you currently own a business that you want to pass down to your children or grandchildren, you need to address business succession as part of your estate plan. Family-owned businesses have only a 40% chance of surviving when passed from the first to the second generation, and that survival rate drops drastically as it passes to future generations. In order to plan for succession of your business to future generations, both tax and non-tax considerations should be considered as part of your planning. A properly drafted plan will assure that your business continues for future generations.

          10. Leaving money to people with disabilities. If you have a disabled child who is receiving government benefits, such as Medicaid, and your current plan leaves him or her money outright, or in a trust without the required language protecting the benefits, you may disqualify him or her, either temporarily or permanently, from receiving future benefits. To avoid the loss of benefits, your child’s potential inheritance should be placed in a Supplemental Need Trust (SNT). An SNT will guarantee that your child will still receive government benefits, while providing for his or her additional needs through distributions from the SNT.

          This list covers only the 10 most common mistakes, but an effective estate planning review addresses many other issues. It is important to understand the potential issues and conflicts that may arise from an improperly planned estate. Knowing your estate planning options provides you with the ability to create a plan that maximizes your wealth and minimize your taxes.v

          Brett A. Kaufman is an Estate Planning and Elder Law associate with the regional law firm of Bacon & Wilson, P.C. His practice includes sophisticated estate planning issues, guardianship, conservatorship, and planning for long-term care; (413) 781-0560;[email protected].

          Sections Supplements
          Historic Office Facility in Belchertown is Attracting New Ventures
          Joan Stoia, Shahrzad Moshiri, and Deborah Robes

          Joan Stoia, Shahrzad Moshiri, and Deborah Robes stand in the foyer of the Carriage Towne Commons, where their offices are located.

          There was a small celebration taking place on Main Street Belchertown early this month, as tenants of the Carriage Towne Commons professional offices gathered to watch the building’s new sign being erected. It was proof that the building and the businesses inside had arrived, and, moreover, that they planned to stay.

          The Carriage Towne Commons is the brainchild of Steve and Joan Stoia, who purchased the historic Jonathan Grout House on Belchertown’s town common nine years ago to open a bed and breakfast that was open for seven years. The Stoias later bought a larger B&B in Northfield, the Centennial House, which they still operate. They held on to the Main Street property, though, in part due to its distinct colonial-era architecture and proximity to Belchertown’s increasingly busy town center.

          “The town is coming to life, and at the same time, new life is happening here too,” said Joan Stoia. “We feel this town is on the rise. Belchertown is one of the only towns in Western Mass. that has seen an increase in both population and annual income, and we’re also seeing growth in high-end homes. All of the indicators are good.”

          In addition to residential growth, Belchertown will also welcome a new district courthouse, slated for completion in April 2007, and plans are being blueprinted to convert the former Belchertown State School complex into a health- and fitness-focused resort complex. Stoia said she and her husband wanted to capitalize on that growth while at the same time moving away from the hospitality sector at the Carriage Towne property.

          Designs on Women

          With those goals in mind, the couple moved forward with plans to convert the building into office space and to recruit a diverse set of tenants, particularly in the legal and health and wellness fields. The result is a unique setting for business – an historic, home-like environment in a prime location, one that sees roughly 13,000 cars pass by each day, according to a recent traffic study.

          “It’s already zoned for commercial use, so why not take advantage of that?” Stoia said. “The legal and health care communities will likely be rising with the construction of the courthouse and the resort spa, so we felt those were the people we should reach out to first.”

          But the Stoias also wanted to create a space that would be ideal for newer, smaller businesses, including sole proprietorships.

          “People who have an affinity and a respect for this house as soon as they walk in are the perfect candidates,” Stoia said, noting that they began “vigorously marketing” the property in 2005, and secured their first tenant, Shahrzad Moshiri, CPA, owner of SJM Accounting and Financial Services in December of that year.

          “This property is unique,” said Moshiri of her decision to relocate. “You see the seasons change from your windows, you work in comfortable light … the house provides an excellent environment in which to work, and that has definitely grown on me.”

          Soon after Moshiri set up shop in the Carriage Towne building, a trend began to emerge – the majority of interested tenants not only owned and operated unique, niche businesses, but were also almost entirely women.

          Today, all of the property’s professional tenants are women, representing a wide range of fields. Moshiri runs her business from a second-floor office that once served as a bedroom suite, and downstairs, she’s been joined by Caro Lambert, a speech and language therapist, and Debbie Robes, an attorney who specializes in estate planning, real estate, and special education advocacy.

          “I’ll be right next to the courthouse, which is great,” said Robes, “but the primary reason I came to look at the property was because I love old houses. The idea grabbed me, and the space sold me.”

          Stoia, who also operates a career development practice, Cold Spring Career Associates, at the location, said Robes’ reasons for coming to Carriage Towne Commons have been voiced several times by interested business owners.

          “Initially, we had a suspicion that women were going to be more attracted to this space than men,” Stoia explained. “It’s more home-like and artistic, and we offer amenities that women appreciate. Men tend to look for the high-tech bells and whistles.”

          While high-speed DSL is among the amenities Carriage Towne offers, the house also provides for a shared reception area and a community meeting space for the tenants’ clients, cleaning services, and soon, a shared kitchen space as well.

          A Living Legacy

          But the property also has a history that makes it an appropriate incubator for women-owned businesses. Stoia explained that it has been owned and, in many cases, occupied by women since 1770, including during the Civil War, and has also long supported a variety of businesses, among them a doctor’s practice, an antique shop, a boarding house, and a carriage manufacturer.

          “I still get goosebumps when I think about all the serendipity that surrounds this house,” she said. “It has always housed women, and has also frequently housed small businesses. I think now it’s moving forward into a new era with its own inertia.”

          When the property is fully leased – there’s one suite still vacant – Stoia said she hopes to further enhance those in-house services, and perhaps involve the tenants in cooperative marketing strategies.

          “Once everyone is in and settled, we want to offer as many in-house services as we can provide,” she said, noting that she and Steve have been careful to select tenants who complement one another’s businesses, and have also involved existing tenants in choosing the final company to join the Carriage Towne group.

          We’re waiting to hear that ‘click;’ that moment when the final tenant moves in, and everything falls into place.”

          Sign of the Times

          For now, hearing the sound of a fully-occupied professional suite hitting its stride is dependent on filling that final, blank space on the Carriage Towne Commons’ signage. Stoia said men aren’t barred from applying, by any means, but small, entrepreneurial businesses will continue to receive preference, as well as those that could thrive within the Commons’ historic, colonial-inspired offices.

          And Stoia looks forward to the day when she and that business owner quietly stand on Main Street … watching those new signs of life.

          Jaclyn Stevenson can be reached at[email protected]

          Sections Supplements
          Moriarty & Primack Remains Focused on Addition
          Jay Primack, Bob Suprenant, Doug Theobald, and Patrick Leary

          From left, Jay Primack, Bob Suprenant, Doug Theobald, and Patrick Leary.

          Bob Suprenant likes to borrow and amend that old adage from baseball — the one about how you can never have enough pitching.

          “You can never have enough tax knowledge,” Suprenant, a CPA and director of special tax services for Moriarty & Primack, told BusinessWest. He was referring to how the Springfield-based accounting firm uses teamwork to resolve complicated tax matters and other issues for its large and growing roster of clients. “Tax work is all about saving people money.”

          Success in the tax arena is just one of many factors that have enabled Moriarty & Primack to achieve growth that would be described as strong and rapid — it was formed only 13 years ago — and thus gain a firm footing in a highly competitive Western Mass. market.

          “The primary goal for us, or any firm, is to build credibility, and we’ve done a good job of doing that in a comparatively short time; we’re still the baby on the block in some respects,” said Jay Primack, who founded the company with Richard Moriarty, who passed away two years ago.

          The two were long-time employees of Coopers & Lybrand when they decided to put their own names over the door, and they used their own experience and some effective recruiting of talented CPAs and support staff to make their firm one of the standouts in the local accounting community.

          The company’s broad operating philosophy, said G.E. Patrick Leary, who became a partner two years ago, is to ensure that none of its services be they tax matters, audit work, or technical assistance, ever become a mere commodity.

          “That’s the approach we take — we’re not going to simply hand someone their financials, and say ‘see you next year,’” he explained, referring specifically to audit work. “We want the client to walk out of that meeting with a laundry list of ideas and opportunities to strengthen internal controls, improve cash flow, and help the bottom line.”

          This operating philosophy helps explain double-digit growth over the past several years, including a 20% boost over the past year, and regular inclusion on the Affiliated Chamber’s Super 60 list for revenue-growth.

          Looking forward, Primack said the firm’s growth strategy essentially calls for the company to practice what it preaches while advising business owners on how to manage their ventures and keep them fiscally sound. These steps include everything from solid customer service to succession planning; smart growth to smart hiring.

          Through a mix of organic growth and potential acquisitions — it completed one merger with a local firm just over a year ago — the company intends to expand its already sizable footprint in Western Mass., and perhaps well beyond.

          Round Numbers

          Primack has his own phraseology for describing the firm’s teamwork-oriented approach and efforts to pool resources and personnel to assist clients. He calls it “circling the wagons.”

          The circle, and the number of wagons in it, has grown steadily since Primack and Moriarty opted to quit life with what was then one of the so-called Big Eight accounting firms (Moriarty first and Primack soon thereafter) and start their own venture.

          Actually, they had seen the handwriting on the wall — Coopers & Lybrand and other members of the Big Eight had been closing many of their offices in smaller, second- or third-tier markets, and it appeared to the two men that the Springfield location’s days were numbered.

          They were right; it eventually closed in 1998.

          By then, the two were in the midst of another in a series of office expansions necessitated by continuous growth and absorption of market share.

          The two partners took most of their clients from Coopers & Lybrand with them — a common occurance in accounting, law, and other professions — and set about building on that portfolio. The methodology has been simple and straightforward, said Primack, and is grounded in quality products and services and a reputation for dependability and consistency. These are two traits that are critical ingredients in any accounting firm’s success formula, because they lead to the referrals from existing clients that are the lifeblood of all players in this changing and increasingly challenging industry.

          Primack and Moriarty started, by themselves, in a 1,000-square-foot office in what is now known as the Sovereign Bank Building. They continually expanded that footprint before moving one block down Main Street to Monarch Place in 2001. Today, the firm has 12 certified public accountants, two partners, and 25 employees, a growth rate achieved through a combination of factors, said Leary.

          These include a diversity of services, the ability to attract and retain both clients and employees, several niches, or industry groups that have become specialty areas, including construction, manufacturing, distribution, and others, and continuity of services, he said, adding that the operative word is value, and the ability to deliver it.

          Teamwork certainly helps with this assignment, said Douglas Theobald, CPA, the firm’s tax director and one of its most recent additions. He told BusinessWest that, by bringing many minds to the table, the firm has been able to tackle some complex cases and often improve on the results generated by other firms taking on the same problem.

          Primack agreed. “It’s very much a team approach in this office,” he explained. “If we have an issue or problem where someone thinks they see an opportunity to save dollars or create a better business approach to something, we’ll sit down spontaneously and bring together in that room a number of people whose combined experience might be several hundred years.”

          In one case, that approach turned a local retailer’s tax liability of nearly $300,000 into a refund, said Suprenant, adding that there are several similar examples of postive outcomes to complex, often ominous problems.

          Taxing Situation

          The teamwork approach is applied to a number of products and services, said Leary, listing tax and audit services, estate and financial planning, business valuations, and litigation support, among others.

          The firm also has two affiliated entities: MP Financial Services, directed by Primack, provides fee-based retirement, financial and estate planning, portfolio and asset management services; securities such as stocks, bonds, and mutual funds; and insurance products including annuities, life, disability, and long-term care. Meanwhile, New Technology Consultants, LLP (NETC), directed by Donald Smith, CPA, is focused on helping organizations of all sizes expand their technology capabilities. Assistance comes in many forms, including software selection, training, implementation, and project direction.

          This broad portfolio enables the company to provide an umbrella of services that often makes it a one-stop source for individuals and businesses, said Leary, adding that this is one of many ingredients in the company’s success formula.

          Another, said Theobald, is its ability to recruit and retain talented CPAs and support personnel. It has achieved this largely by creating an attractive work atmosphere, one that blends a dose of freedom with recognition of the need to balance work and life.

          “It’s a good place to work, there’s a great environment,” he explained, noting that this was one of the reasons he returned to Western Mass. after a stint with Price Waterhouse Coopers as a tax partner. “This was the only firm I really looked at, because of the quality of the people and the work atmosphere.”

          Primack agreed. He told BusinessWest that it often isn’t easy to attract top talent to Western Mass. and then keep it here — other markets offer higher wages and more cultural attractions and nightlife — but Moriarty & Primack has enjoyed some success in part because of its culture and opportunities to grow professionally.

          This effective recruiting, part of a succession-planning initiative undertaken by both original partners, and which has drawn Leary, Suprenant, Theobald, and others, will help secure long-term stability for the company through continuity of service, Primack explained.

          “This is a people business, and we looked for talented people who might have the prospect of becoming future leaders of the firm,” he continued. “We looked for people who could succeed us so that our clients would not experience any immediate or rapid change in process, attitude, or philosophy; our clients will enjoy the comfort of consistency.”

          Looking forward, Primack said the company’s leadership intends to continue a pattern of mostly organic growth, using referrals and targeted marketing to gain a larger piece of the local accounting and tax planning pie. But it will also consider acquisitions and mergers.

          A year ago, Moriarty & Primack merged with the Holyoke-based firm of Joseph S. Casden (formerly Casden & Casden), bringing three new CPAs to the company. There are ample additional acquisition opportunities expected in the years ahead, Primack explained, noting new challenges that make it more difficult for many smaller firms and sole proprietorships to succeed, and the firm will be carefully considering them.

          “There’s a lot of small firms out there that haven’t done any real succession planning and don’t have an exit strategy,” Leary explained. “We’ve looked at a number of those, both locally and in other areas, and we’ll continue to do that, because there are some great opportunities for us.

          “In many cases, clients have been served by one or two individuals for 20 or 30 years,” he continued. “Those people have done a great job for them, and we can now step into their shoes and bring those clients over to our firm.”

          Playing the Numbers

          The bottom line when considering any potential acquisition is a requisite match of philosophy, or business culture, said Primack.

          “There has to be a meshing of ideas, personalities, and chemistry,” he explained. “You need a similar approach to doing business and treating customers.”

          At Moriarty & Primack, that approach is to bring value to each of the services provided — and to always look for ways to find more tax knowledge.

          George O’Brien can be reached at[email protected]

          Sections Supplements
          The Recipe for Business Agreement Success Calls for More Than a Pinch of Trust

          Cooking up a successful business relationship requires trust between the parties involved, but having an agreement in writing is essential to the mix. A lack of agreement and understanding of common goals can lead to the headache of a broken relationship.

          Business relationships are not always built on the right terms. It is just as important for business partners to focus on documenting the terms that can lead to long- term gain for each party and long-term growth of the business, as concern for how they are going to get along.

          Nobody enters a business relationship thinking they are going to break up. However, just like marriage, inevitably, some relationships end; and having put an agreement into place during the ‘dating’ season makes it much easier to resolve business issues later on.

          What are the key ingredients in a successful business relationship? Trust is required at the beginning and throughout the duration. Also essential is the ability of the parties to speak openly about their business philosophies and the venture as a whole, i.e. where they see it headed, how they see it getting there, and what to do when they arrive at their shared goal.

          Various entrepreneurs and venture capitalists approach business or deals from different angles. Maybe you are focused on building the relationship of the parties joining together to start a new business, and maybe your partner is focused on the nuts and bolts of the transactions, i.e. where the money is coming from and establishing terms to ensure profitability.

          Neither of you is off the mark or wrong in your approach, but the essential differences in your philosophies could spell doom in the future if not addressed. You need to negotiate the essential specific terms of the venture, and then you need to draft a document that establishes the agreed upon terms of the deal.

          While one of you may see how important the nuts and bolts of the deal are to your transaction, the other needs to be able to agree on the role each of you will play in the deal, or you risk not seeing eye to eye later on when things may not be so rosy or one of you wants to sell or be acquired.

          It would be misleading to claim that a business agreement is easy to work out. But if the parties begin from a position of trust and open-mindedness, success will be more likely achieved. Parties need to state what they really want to see at the end of the tunnel. When the parties can outline their needs and desires, and everyone understands and responds to them, an outline of a plan can be drafted. This is part of the trust-building exercise, and it cannot be rushed.

          When negotiating the agreement, all concerns of the parties must be addressed. This is not the time to dig in your heels and impose your position upon your partner. Not only will this undermine the trust you’re building, but it will stall your progress. Both parties’ motives must be clearly understood, and you need to resolve your differences so that each can feel comfortable going forward.

          Objective parties can be used to help facilitate negotiations and lead you into neutral territory. The concept of business retreats is not limited to brainstorming but also widely utilized by parties developing a plan or new business strategy. Fresh scenery can do wonders for people who are having a difficult time seeing the ideas of their partner from a different perspective. Hang in there: if you can get through this, you are on your way to a well-designed and well-thought-out agreement.

          Understand that once you get to a point of a skeleton agreement, you can put it into effect by setting it to writing. Regard the agreement as a work in progress that is expected to be mutually amended or modified to address matters that may arise unexpectedly or are not properly addressed by the current agreement.

          Things change, and parties can not anticipate all issues that may develop once the venture is up and going. By mutually understanding that you may need to revisit the agreement in the future, you bolster the relationship and deepen trust.

          Naturally, all this can be undone if one party decides that your agreement is more like a stone than the fluid agreement contemplated by the other party. However, the well-thought-out skeleton agreement should also have an exit plan for such circumstances of irresolvable disagreement of the parties.

          Over time, you and your partner will learn what works and what doesn’t. Start with the premise of ‘if it ain’t broke, don’t fix it,’ but revisit the parts of the plan that don’t seem to work after having been in business for a time. No book or law dictates that an agreement should never change. A well-drafted agreement will provide for alterations, modifications, and amendments if mutually agreed to by the parties. Even the lawyers who draft these agreements recognize that you just can’t think of everything at the beginning.

          So what types of terms should be put into an agreement? The honest answer is that the specific terms will vary from agreement to agreement depending on the type, parties, purpose, and the business relationship or venture at issue.

          Nonetheless, you should follow some general rules when creating the agreement itself.

          • Get it in writing. Even though oral agreements are legal and binding in many situations, they’re often difficult to enforce in court. So be careful with handshake deals, as they may be impossible to prove. In the business world, most agreements should be in writing even if the law doesn’t require it. Spell out in writing each party’s rights and obligations, to prevent future confusion or disagreement.

          • Keep it simple. Legalese is not necessary to create an enforceable contract. Clear, concise, and well-organized terms will ensure that the parties can understand and follow the agreement later on.

          • Deal with the right person. Be certain you are negotiating with the decision maker who is vested with the authority to bind the business. Otherwise, you can get every term you want, but the party will not necessarily be bound, (agency law aside.)

          • Spell out all of the details, including payment obligations, investment terms and any other necessary terms of the deal. Details, details, details. Don’t leave out anything that is an essential term, as only the terms set forth in writing will be enforceable.

          • Specify what constitutes termination of the agreement and agree on a way to resolve it. More and more often, parties are agreeing to submit to alternative dispute resolution methods such as arbitration, mediation, and collaborative law, which can be expedient, efficient, and less costly methods of resolving disagreements.

          There are many other terms and provisions that should be included in the agreement, and they will be recommended by your legal professional; however, if you start out with trust and frank discussion, and sprinkle in good-faith negotiation, you are likely to end up with a recipe for success.

          Julie A. Dialessi-Lafley, Esq., is a multi-faceted attorney with the law firm of Bacon & Wilson, P.C. who focuses her practice areas in business law, real estate, estate planning and administration, and family law; (413) 781-0560;[email protected].

          Sections Supplements
          Jeff Sagalyn

          Jeff Sagalyn says the key to be a good lawyer is “knowing when you don’t know something.”

          Jeff Sagalyn is now leasing the space at 165 Front St. in Chicopee, considered part of the massive Cabotville Industrial Park.

          But for 20 years, he and partner Dan Burack owned and managed the complex and its 680,000-odd square feet of old mill space, a business venture that also helped shape Sagalyn’s career in the legal profession.

          Indeed, the time commitment that accompanied the task of managing the property and its 12 employees eventually forced Sagalyn to leave the firm of Kalill, Sagalyn and Glasser in 1992 and become a sole practitioner, one with a more-narrow field of focus. Meanwhile, he would wind up representing several of the tenants he would sign to leases at the mill, becoming ‘landlord/lawyer,’ as he put it.

          And the experience of running the mill and managing its workforce eventually made him a better business lawyer, by his estimation, and helped him gain new clients in that specialty.

          “It was certainly an advantage to me to be running a business, overseeing employees, paying the taxes, and overall management,” he explained. “I could not only read a balance sheet, I had my own balance sheet to read, and used my own personal knowledge to the benefit of my business clients.”

          Sagalyn and Burack sold Cabotville in 2004 to Brooklyn real estate developer Josh Guttman. As part of the deal, Sagalyn negotiated a lease back of his three-room office that sits across the canal from the mill. But he also represents Guttman in a wide range of mill-related matters, from lease negotiations to the permitting and other logistical concerns involved with emerging plans to convert large portions of the mill into residential units.

          So the old mill once owned by and purchased from Sagalyn’s uncle continues to shape a law career, one that started 30 years ago and has seen a number of twists and turns. Sagalyn told BusinessWest he has shared space, worked within firms, and been a sole practitioner — and enjoyed each experience. He’s also become less of a generalist, focusing his work on several niche specialties including domestic relations (divorce), probate work, estate planning, and business law.

          The evolution has been more a matter of need than choice, he explained, noting that as different areas of the law have become complex over the years, the days of the old fashioned general practitioner have essentially ended — at least for him.

          “When I first started out, I was told to essentially take everything and anything that came in the door,” he said. “I would never give that advice to young lawyers today; instead, they should find a niche and practice within it.

          “When I think back on some of the cases I took when I was younger, I still shiver,” he continued. “I had no business taking some of those cases. So much has changed over the years … everything is more complex, and the advice you give today could be the wrong advice for tomorrow.”

          One thing that hasn’t changed is Sagalyn’s commitment to the community, especially the human services field. He is currently president of the Board of Directors for the Center for Human Development. CHD is the largest community based human services organization in Western Mass., and provides mental health, children, family, and developmental disability services to thousands of individuals through 40 different programs.

          Sagalyn, the latest subject of BusinessWest’s ongoing Attorney Profile series, will be honored for those efforts later this month with the Community Service Award, presented by the Mass. Bar Assoc. for work that falls outside the realm of the law.

          In a wide-ranging interview, Sagalyn talked about his work within the community, his practice, the mill, and how he’s managed to balance it all.

          Time Passages

          Sagalyn’s office is in one of the older remaining buildings from the former Dwight Mfg. Co. complex that dominated the section of Chicopee that was once part of Springfield and known as Cabotville.

          On the walls are several framed renderings of the original mill complex, much of which was destroyed by fire and replaced by the existing mill, built in the early 1920s. And there are several artifacts from that era, including a 14-foot-high Seth Thomas grandfather’s clock, said to be among the largest ever built in this country, that came with the mill.

          Actually, there were four of this particular model built, said Sagalyn, who was given the background by a clock expert (now deceased) from Old Sturbridge Village. That was the good news, he continued, adding that the bad news was his assessment that too much had done to the clock over the years to make it worth as much as the two partners had hoped.

          While Sagalyn has always been fascinated by the history of the mill and items like the clock, it was the landmark’s potential as a business opportunity and sound real estate investment that prompted he and Burack to roll the dice and acquire the landmark.

          At the time, he was a partner with the firm Hagarty, Malloy, Sagalyn, and Battista, and learning not to take every case that came in the door.

          “The key to practicing law is knowing when you don’t know something,” he said, adding that when this threshold is crossed, it’s time to refer a client and his or her business to someone who does know. “Anyone who says ‘I can do it all’ is not going to be a good lawyer; you have to know your limitations.”

          By fully understanding his, and focusing his work on those selected niches he spoke of, Sagalyn has built his practice over the years. In 1985, he became part of Kalill, Sagalyn & Glasser, based in Springfield, and remained there until he felt his duties with Cabotville necessitated a slight scaling back of his legal work and a move into the mill complex.

          Over the years, he successfully juggled his work at the mill with his law practice — and achieved a desired measure of success with each.

          “There was a flow to managing the mill that allowed me to spend sufficient time at my practice, but also spend sufficient time here,” he explained. “And like all lawyers, I would work on weekends to get everything done.”

          Sagalyn told BusinessWest that he and Burack never actually put a ‘for sale’ sign on Cabotville, but several years ago, following the departure of two large tenants, they engaged an out-of-state broker who specialized in old mills to quietly market the property and field offers.

          “We weren’t motivated sellers,” he explained, noting quickly that it had become apparent that it was going to be difficult to find large tenants to fill the space that had been vacated. “We simply said, ‘if you find someone, we’ll listen.’”

          The broker eventually found Guttman and a deal was struck, he said, adding that the timing of the transaction could not have been better.

          “When we sold, oil was still $35 a barrel,” he told BusinessWest, noting that he and Burack were heating more than 200,000 square feet of unused space at the time. “It worked out very well for us.”

          While he still handles some work for Guttman, Sagalyn has much more time for his practice — and his work outside it, which has always been part of juggling act. Sagalyn has donated time and energy to the profession — he’s currently president of the Chicopee Bar Assoc. and treasurer of the Hampden County Bar Assoc., for example — and to work within the community.

          Much of the latter was inspired by what he saw and experienced in his youth; one of his childhood friends had a sister with Down’s Syndrome.

          “I got to know her very well,” he explained, “and I saw the lack of response from the state in assisting this family. I also saw what a loving family does for a child with special needs.

          “When I started practicing law, that same family asked me to join the board of a very small non-profit group called Meadows Homes, which provided group homes in the surburbs,” he continued, adding that he accepted the invite and participated in efforts to place developmentally disabled adults in homes in many area communities, including Longmeadow, East Longmeadow, and Wilbraham.

          In the late 90s, Meadows Homes merged with the Center for Human Development, and Sagalyn joined its board. He became chair in 2000 and has served in that capacity ever since. That’s longer than the norm, he said, but he’s been asked to stay on to help see the group through several projects — the latest being the current search for a new director.

          “It’s a big time commitment … hardly a week goes by without something,” he explained. “But it’s important work and very rewarding work; I love doing it.”

          Man of the Hour

          Sagalyn told BusinessWest that the grandfather’s clock in his office kept perfect time until about a year ago when, upon his return from a vacation, he discovered that it had stopped and could not be restarted.

          He says he will soon launch a search for someone who can fix it, preferably an individual who makes house calls (or, in this case, old mill calls) because this clock will be hard to move.

          It’s a fixture at Cabotville, as is Sagalyn, who acknowleges now that his acquisition of the mill wasn’t merely a real estate deal. It was also an important career move.

          George O’Brien can be reached at[email protected]

          Sections Supplements

          A Declaration of Homestead, also sometimes referred to as a Declaration of ‘Homestead Protection’ or of ‘an Estate of Homestead,’ provides certain protection from creditors for real estate or a manufactured home that serves as an individual’s personal residence.

          The law is contained in Mass. General Laws Chapter 188, sections 1-10. Protection is obtained by filing a Declaration of Homestead, with a description of the property, at the Registry of Deeds in the county where the property is located. As of Oct. 26, 2004, homeowners in Massachusetts can protect their property from unsecured creditors up to the amount of $500,000 of equity per residence. Homesteads existing before that date (the amount of protection was previously $300,000, and before that $100,000) automatically get the increased protection, provided the homestead has not been terminated either explicitly by the homeowner or by subsequent events effectively terminating it.

          The protection is against attachment, levy, on execution, or sale to satisfy debts asserted after the filing of the homestead declaration, with some important exceptions:

          • Debts incurred or contracted prior to the acquisition of the homestead;
          • Mortgages used to purchase the residence;
          • Federal, state, and local taxes, assessments, claims, and liens;
          • An execution issued from a court of competent jurisdiction to enforce its judgment based on fraud, mistake, duress, undue influence, or lack of capacity;
          • An execution from the probate court to enforce a judgment that a spouse pay for the support of a spouse or minor child; and
          • In the case of a renter of land who owns a homestead in a building on the land, where those buildings are attached, levied upon or sold in connection with the ground rent of the lot on which they stand.

          A homestead declaration protects the homeowner only from unsecured creditors. Thus, it does not offer protection from first- or second-mortgage lenders or other equity lenders who possess a security interest in the home. Similarly, liens imposed by the Mass. Department of Public Welfare in connection with the payment of Medicaid benefits are exempt from homestead protection.

          Under current law and practice, as long as the recipient of those benefits, or the spouse of the recipient, is alive, the department will not try to attach the residence for reimbursement of Medicaid benefits. If the surviving spouse is also a recipient of Medicaid, the Commonwealth will file a claim for reimbursement from the estate for the entire amount of Medicaid benefits paid, once both spouses have died. There are special rules governing the effect and extent of homestead protection where the homeowner is in bankruptcy.

          A homestead can only be declared on an individual’s ‘principal residence,’ so no homestead can be filed on a vacation home unless it is the principal residence of the filer. The law provides that only one spouse under the age of 62 can file a homestead on behalf of themselves and his or her family, but that the protection will extend to the spouse and to minor children (under age 18) for so long as the property remains the primary residence. There is an exception for elderly and disabled individuals, who are each entitled to protection of $500,000.

          A homestead will be terminated:

          • Upon the sale or transfer of the real property or mobile home during the homestead holder’s lifetime;
          • If the holder dies, his or her surviving spouse remarries, and each child reaches the age of 18, or if a release of homestead is signed, sealed, acknowledged and recorded at the registry of deeds;
          • If the property ceases to be the individual’s principal residence; or
          • Upon the subsequent filing of a declaration of homestead by the holder.

          Nicole’s Law

          Homeowners should also be aware of a new law, which went into effect on March 31, requiring that every building or structure occupied in whole or in part for residential purposes that either contains fossil fuel burning equipment or a closed parking area within its structure (i.e., an attached garage) must be equipped by the owner with approved carbon monoxide alarms in conformance with the requirements of the Board of Fire Prevention Regulations.

          This will cover most Massachusetts residences. The law is named Nicole’s Law in memory of seven year old Nicole Garofalo who died after a snowdrift blocked an exhaust vent from her family’s propane boiler, filling the house with an odorless, colorless, lethal gas.

          Nicole’s Law is very similar to a smoke detector mandate enacted 20 years ago and requires installation in most residences of a battery operated or plug-in detector by March 31. Like the smoke detector requirement, Nicole’s Law will be enforced by local fire departments during home inspections prior to the sale or transfer of the property. A seller of a home will not be able to sell the property if it does not meet the new requirement.

          There were nearly 3,000 carbon monoxide cases reported in Massachusetts in 2003. The cost of carbon monoxide detectors starts at about $30.

          Brenda Doherty joined Doherty, Wallace, Pillsbury & Murphy in 2001, and practices in the areas of corporate, real estate, tax, estate planning, and education law. (413) 733-3111 Ext. 318;[email protected]