Brian Barreira

Brian Barreira

Law Offices of Brian E. Barreira, Plymouth and Hingham, Massachusetts
  • Estate Planning, Probate, Elder Law ...
  • Massachusetts
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Biography

Since 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

Education
Boston University School of Law
LL.M. | Taxation
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Boston University School of Law Logo
Boston University School of Law
J.D. | Law
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Boston University School of Law Logo
Boston College
B.S. | Operations Management
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Boston College Logo
Professional Experience
Attorney
Law Offices of Brian E. Barreira, Plymouth and Hingham, Massachusetts
- Current
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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Publications
Articles & Publications
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
An Overview of Estate Planning on Behalf of Incompetent Persons
Massachusetts Lawyers Weekly
Using Special Powers of Appointment in Medicaid Planning
NAELA Quarterly
Your Client's Right to Say No: A Nursing Home Is Not Inevitable, Especially If the Goal Is Home Health Care
The Complete Lawyer
Medicaid Trusts: Resolving the Income Tax Issues
Estate Planning
Despite Medicaid Transfer Restrictions, the Home May Still Be Kept in the Family
Estate Planning
Using Special Powers in Medicaid Trusts
Probate & Property
An Irrevocable Grantor Trust Can Assure Eligibility for Medicaid
Estate Planning
Certifications
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.
Awards
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
Massachusetts Super Lawyer
Super Lawyers
Certified Elder Law Attorney (NELF is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.)
National Elder Law Foundation
Massachusetts Super Lawyer
Super Lawyers
Massachusetts Super Lawyer
Super Lawyers
National Certified Guardian (CGC is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.)
Center for Guardianship Certification, Inc.
Certified Elder Law Attorney (NELF is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.)
National Elder Law Foundation
Outstanding Chapter Member
Massachusetts Chapter of National Academy of Elder Law Attorneys
Certified Elder Law Attorney (NELF is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.)
National Elder Law Foundation
Outstanding Chapter Member
Massachusetts Chapter of National Academy of Elder Law Attorneys
Certified Elder Law Attorney (NELF is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.)
National Elder Law Foundation
Professional Associations
United States District Court, District of Massachusetts
Member
- Current
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Massachusetts Chapter of National Academy of Elder Law Attorneys
Member
- Current
Activities: President, 1994. Chair, Program Committee, 1999-2005.
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National Academy of Elder Law Attorneys
Member
- Current
Activities: Tax Editor, NAELA Quarterly, 1991-1994.
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Massachusetts Bar Association, Probate Law Section
Member
- Current
Activities: Section Council, 1993-1996.
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American Bar Association
Member
- Current
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
Member
- Current
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Massachusetts Guardianship Association
Member
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Jurisdictions Admitted to Practice
Massachusetts
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United States District Court, District of Massachusetts
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Fees
  • 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?)
Practice Areas
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
Additional Practice Areas
  • MassHealth Applications & Fair Hearing Appeals
  • Special Needs Trusts & Governmental Benefit Planning
  • Guardianship & Conservatorship
Languages
  • English: Spoken, Written
Legal Answers
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.
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Websites & Blogs
Website
Website
Blog
Massachusetts Estate Planning, Probate & Elder Law
Blog
MassHealth: Medicaid in Massachusetts
Contact & Map
Main Office in Plymouth
118 Long Pond Road
Suite 206
Plymouth, MA 02360
Telephone: (508) 747-8282
Fax: (508) 746-5746
Satellite office in Hingham (by appointment only)
175 Derby Street, Unit 19
Hingham, MA 02043
Telephone: (508) 747-8282