Massachusetts legal history went through a scrooge like period a few centuries ago.  The Massachusetts Travel Journal recently wrote about this dark time in our history: 

Outlawing the celebration of Christmas sounds extreme, but it happened here in Massachusetts during the 1600’s.  Puritans who immigrated to Massachusetts had several reason for disliking Christmas.  It reminded them of the Church of England and the old-world customs, they were trying to escape.  Christmas wasn’t considered a wholly religious day because December 25th wasn't widely recognized as Christ’s birth date until several centuries after his death.  The holiday celebration mainly included drinking and feasting, things which the Puritans frowned upon.

One such tradition, "wassailing" entailed people of a lower economic class visiting wealthy community members and begging, or demanding, food and drink.  If a host refused, they faced the threat of retribution.  
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As a result, the Massachusetts General Court banned the celebration of Christmas and other such holidays at the same time it banned gambling and other lawless behavior.  The ban was revoked in 1681 by an English-appointed governor Sir Edmund Andros, who also revoked a Puritan ban against festivities on Saturday nights.   

Question:  With all the debate over gun rights and control after the horrible Florida shooting, I was wondering: what is the process to get a gun, in Massachusetts?

Answer:  In the hopes of providing your answer, I looked to the Mass.gov website.  The following represents key details involved in buying and owning a gun, in Massachusetts.

Firearms Licenses in Massachusetts
The two most common types of firearms licenses in Massachusetts are:

• a Firearms Identification (FID) card, which permits the license holder to purchase and possess non-large capacity rifles, shotguns, ammunition and pepper spray.  
• a License to Carry (LTC), which permits the license holder to purchase and possess all large and non-large capacity firearms, such as assault weapons, rifles, shotguns, and ammunition; this license also allows the carrying of concealed handguns.
  
  

Application Requirements
FID card applicants can be as young as 15 years old with permission of a parent or guardian.  Otherwise, an 18 year old can apply directly.  All applicants must complete an approved firearms safety course or Massachusetts basic hunter education course, both of which provide an overview of Massachusetts gun laws and teach individuals how to safely handle a firearm. This education step is not required to purchase pepper spray
LTC, applicants must be at least 21 years of age and must complete an approved firearms safety course or Massachusetts basic hunter education course.

Purchasing and Selling Firearms
A Massachusetts firearms license holder may sell up to 4 guns in any one calendar year through a private transfer without becoming a licensed Massachusetts firearms dealer. Each sale must be reported to the Firearms Records Bureau (FRB) within seven days of the transaction. 

Restraining Orders
According to Massachusetts law, any individual who is the subject of a restraining order issued pursuant to G.L. c. 209Awill have their Firearms Identification (FID) card or Firearms License to Carry (LTC) suspended as long as the restraining order is in effect.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com.  This column is published for informational purposes only and not to be relied on as legal advice, in any manner.  

Our office lost three wonderful clients, who sadly passed away, this week.  These great women were devoted to their families and surrounded by loved ones at the end.  While I lament the loss of our clients, I am pleased their children can handle affairs - without involving the probate court.
The goal for our estate planning clients is: simplicity for their loved ones.  Each of these women used a basic trust to deliver their assets outside of the probate court’s lengthy and expensive involvement.  Trusts may be confusing at first, but with a proper consult, the benefits often become clear.  Here is how trusts work:
By defining roles of benefit and management of assets, a client can serve both roles during their life.  When they pass away, the roles remain in place, filled by their spouse or children.  This structure allows assets to be managed and sold immediately after the client’s death.  Without this type of planning, assets, like real estate, will become frozen after death.  Family members must then navigate the probate courts, paying large fees for the court, attorneys, newspapers, accountants, etc. 
The families of our three lost clients serve as shining examples of probate avoidance.  By the way, their basic trust planning was inexpensive, as well.   ​

Question: My mother is 95 years old and we are considering nursing home.  She has a total of approximately $20,000.00 in assets.  Can we save some of this money before applying for her nursing home services? 
 
Answer: Unfortunately, given her age, she can't simply transfer her funds to you.  So, let's find ways to spend her money down to $2,000.00 on the day of her nursing home admission. At that point, Masshealth will cover her nursing home costs.    
 
Here are a few opportunities for helping your mother spend down her assets:
 
Funeral / Burial expenses: your mom's money can be used toward the following:
 

• Cost of a burial plot;
• Up to $1,500 cash per person that is specifically set aside for funeral and burial expenses.   (This amount must be in separate, identifiable accounts; or in the form of life-  insurance policies up to $1,500 per person specifically set up for funeral and burial   expenses);
• Money set aside in an irrevocable prepaid burial contract or an irrevocable burial in reasonable amounts for future payment of funeral or burial expenses.

 
Shopping spree: your mom can buy new clothes or a TV.  It is best to track these expenses (don't use large sums of cash withdrawals from her account) and try to keep each single check or debit card transaction under $1,000.00.  This will help during the financial review portion of your application with Masshealth. 
 
Legal services: take her to see an attorney who can help the difficult Masshealth application process.  You will thank your mom taking this incredible administrative burden off your back.

Question:  My Father is entering a nursing home.  Filling out the Masshealth application, it asks about his bank accounts.  We aren’t sure about all of his account details.  If we don’t list everything properly, will Masshealth know?  Will there be trouble, if we give incomplete information?

Answer:  Trying to gather all the information needed for a Masshealth application is hard.  Years of insurance, income, real estate and financial account details are all required.  You will also be asked to sign an affidavit affirming your information is true and complete.  I understand your hesitance.  So, how do you proceed?

First, do your best.  That is all Masshealth asks of you.  Your affidavit will be limited to the best of your knowledge. However, some applicants forget to list bank accounts (innocently or intentionally).  In an effort to reduce such omissions, Masshealth began a program to share information with certain banks. 

Bank of America, for instance, allows Masshealth to run names against their accountholder database.  If your Father had accounts with Bank of America, Masshealth will find them.  As for the rest of his financial information, watch the mail for the next 30 days.  You may receive bank account statements you didn’t expect.  Either way, give it your best shot, and you can’t lose.

Question: I got a non-smoker’s term life insurance policy ten years ago.  I recently started smoking.  Should I be worried about invalidating my life insurance policy?

Answer:  We all know that smokers pay more for life insurance premiums.  However, your premium rate was established at the start of your policy, based on the facts in place at the time. 

Your insurance company would have been able to contest payment if you died within the two years after signing your policy.  This contestability period commonly allows insurance companies to check facts surrounding your death.  For instance, death from smoking related health issues, like lung cancer or COPD, may justify an insurance company to withhold payment on a non-smoker’s policy. 
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In your case, the two years have passed.  You’ve come along way, baby.  The insurance company made their deal ten years ago, when you were a non-smoker.  Sure, you took up smoking later, but, your policy remains safe.