Brian Barreira
Law Offices of Brian E. Barreira, Plymouth and Hingham, MassachusettsSince 1996, the Law Offices of Brian E. Barreira in Plymouth and Hingham, Massachusetts have provided legal services to individuals, married couples, business owners, senior citizens, disabled persons and their families in the areas of estate planning, long-term care planning (including Medicaid or MassHealth applications and fair hearing appeals), governmental benefits planning (including SSI), estate and gift tax matters and Probate Court issues (including estates, trusts, guardianships and conservatorships). Brian is dedicated to providing the highest level of legal expertise to clients while attempting to keep matters as simple as possible to hold clients' overall costs down. Brian received his law degree from Boston University School of Law in 1984. Later, while practicing law, he enrolled part-time in the Graduate Tax Program at Boston University School of Law, where he attained a Master of Laws in Taxation in 1990. An early leader in the development of elder law as a specialty, Brian served for 6 years as the first Chair of the Elder Law Committee of the American Bar Association's General Practice Section. He has also served as President, Treasurer and Director of the Massachusetts Chapter of the National Academy of Elder Attorneys, and as Chair of the Committee on Long-Term Health Care Issues of the American Bar Association's Real Property, Probate & Trust Law Section. Among Brian's diverse experiences, he has served as a background source on elder financial abuse reports for the Boston Globe Spotlight Team and 60 Minutes; as an undercover informant for the Massachusetts Attorney General's Office in shutting down an organization that was fraudulently selling trusts to senior citizens; and as an expert witness in a recent case opposing the fees of two lawyers who attempted to charge over $500,000 for an 83-day temporary guardianship. Brian has been published nationally numerous times in such legal journals as Estate Planning, Probate & Property
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Elder Law
- Tax Law
- Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
- MassHealth Applications & Fair Hearing Appeals
- Special Needs Trusts & Governmental Benefit Planning
- Guardianship & Conservatorship
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Rates, Retainers and Additional Information
My offices always charges for initial consultations. (You may not like the idea of paying for the first meeting, but do you really want your estate planning lawyer to essentially be on commission?)
- Massachusetts
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- United States District Court, District of Massachusetts
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- English: Spoken, Written
- Attorney
- Law Offices of Brian E. Barreira, Plymouth and Hingham, Massachusetts
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- Specializing in estate planning, probate and elder law.
- Attorney
- Winokur, Winokur, Serkey & Rosenberg, P.C., Plymouth, Massachusetts
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- Specializing in estate planning, probate and elder law.
- Attorney
- Barron & Stadfeld, Boston, Massachusetts
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- Specializing in estate planning, probate and elder law.
- Estate Settlement Specialist
- State Street Bank and Trust Company, Boston, Massachusetts
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- Boston University School of Law
- LL.M. | Taxation
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- Boston University School of Law
- J.D. | Law
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- Boston College
- B.S. | Operations Management
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- Massachusetts Super Lawyer
- Super Lawyers
- Massachusetts Super Lawyer
- Super Lawyers
- Outstanding Chapter Member
- Massachusetts Chapter of National Academy of Elder Law Attorneys
- Massachusetts Super Lawyer
- Super Lawyers
- Massachusetts Super Lawyer
- Super Lawyers
- United States District Court, District of Massachusetts
- Member
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- Massachusetts Chapter of National Academy of Elder Law Attorneys
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- Activities: President, 1994. Chair, Program Committee, 1999-2005.
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- National Academy of Elder Law Attorneys
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- Activities: Tax Editor, NAELA Quarterly, 1991-1994.
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- Massachusetts Bar Association, Probate Law Section
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- Activities: Section Council, 1993-1996.
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- American Bar Association
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- Activities: Chair, Elder Law Committee of General Practice Section, 1990-1996. Chair, Long-Term Health Care Issues of Real Property, Probate & Trust Law Section, 1992-1995.
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- Massachusetts State Bar
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- Massachusetts Guardianship Association
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- Tax Considerations Regarding Trusts, Estate Planning for the Aging or Incapacitated Client in Massachusetts
- MCLE Book Publications, Massachusetts Continuing Legal Education
- An Analysis of Various Types of Transfers of the Home: Tax and Medicaid Issues
- Elder Law Institute
- Proper Medicaid Planning Can Keep the Home in the Family
- Estate Planning
- Tax Traps for the Unwary
- Suffolk University Elder Law Institute
- Using a Charitable Remainder Annuity Trust to Pay for Long-Term Care Insurance
- Estate Planning
- Certified Elder Law Attorney
- National Elder Law Foundation since 1996. NELF is a private organization, whose standards for certification have been approved by the American Bar Association but are not regulated by the Commonwealth of Massachusetts.
- Q. My dad lived n owned property in nh but the last 3 yrs of his life he lived in mass which state probates his will
- A: The state where probate proceedings should take place is not necessarily the state where someone died. Probate is done in the person's last domicile. Probate proceedings may also be needed in any state where real estate that was owned by the decedent is located.
- Q. My mom is elderly, my brother offered to have her live with his family. They decided to purchase a home together.
- A: Your question ("How do I go about doing this") is not a valid question, because you do not have the authority to change your mother's trust. She would have to be the one doing something, and if you're pushing her, it could get undone under the law of undue influence. She needs to hire an elder law attorney, and meet alone with the attorney, to go over what happened, whether it was what she wanted to do, and what steps can be taken to rectify the situation.
- Q. Would claiming my mom as a dependent in my taxes affect his MassHealth eligibility?
- A: No, tax issues are unrelated to MassHealth issues. A child's income tax returns are not ever requested in a MassHealth application or redetermination.
