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Carol Klyman

Shatz, Schwartz and Fentin, P.C.

Carol Klyman

Shatz, Schwartz and Fentin, P.C.

Carol Klyman

Shatz, Schwartz and Fentin, P.C.

Practice Areas

Carol concentrates her practice in the areas of elder law, estate planning, estate settlement, guardianships, and probate litigation.

She works with older individuals, the families of older individuals, with clients of all ages -- and their trust professioinal advisors -- concerned with financing the unknown consequences of aging, living with catastrophic illnesses, or other special needs.  Carol has a special interest in planning for individuals with special needs, including filing petitions for guardianships and conservatorships, working with personal injury attorneys to protect settlement proceeds and jury awads for their clients, and drafting special needs trusts.  She helps clients accomplish their philanthropic goals, protect family legacies, and eliminate or minimize estate taxes. She drafts plans for clients facing nursing home care, prepares and files applications for MassHealth benefits, and represents clients wrongfully denied MassHealth benefits in hearings before the Office of Medicaid and Superior Court,  and deals with all aspects of estate administration, including probate petitions and accountings, preparation of estate tax and gift tax returns, and representation before the probate court.

Education and Background

Shareholder, Shatz, Schwartz and Fentin, P.C., 2003 to present; associate, 1996-2003

Member, Massachusetts State Bar, admitted to practice before the IRS

Litigation Intern, Office of the Attorney General, Western Massachusetts Division, 1993 

Prior to completing law school, Carol worked for 20 years as a journalist for newspapers and magazines, including the Providence Journal, Berkshire Eagle, Palm Beach Post, Miami Herald, New York Times, Newsweek, Esquire and Mademoiselle.

J. D., magna cum laude, Western New England College, 1996 
> Member, Western New England Law Review, 1994-1995 

B. A., Journalism, University of Rhode Island, 1975 

 

Professional and Community Activities

Fellow, American College of Trust and Estates Counsel

Member, National Academy of Elder Law Attorneys, national and Massachusetts chapters (past vice president, member, Litigation Review Committe Massachusetts NAELA)

Editorial board, NAELA Journal

Member, Estate Planning Council of Western Massachusetts (past president, vice president, secretary)

Treasurer and board member, Hilltown Land Trust,  Ashfield, Massachusett

Frequent lecturer before professional (ABA-ALI, MBA and MCLE) and civic groups on elder law, estate planning and tax matters


Publications

"Estate Planning for the Aged or Incapacitated Client in Massachusetts," MCLE, 1998 (Contributing author)

"Massachusetts Elder Law Sourcebook," MCLE, 2014 (with Ann I. Weber)

Numerous articles for general circulation publications including the New York Times, Newsweek and Esquire on business, science, travel and other topics of general interest.

Firm Description

SS&F is one of only a handful of law firms in Western Massachusetts with an in-depth practice devoted to the representation of elders, as well as individuals with disabling illnesses. Attorneys Ann I. Weber, Carol Cioe Klyman, Michael A. Fenton, David K. Webber and Michele J. Feinstein are frequent lecturers and writers in this field.

Hours

Please contact this attorney for firm hours by clicking here.

Cost

Please contact this attorney for more information about fees by clicking here.

What Is an Elder Law Attorney?

Main Office

1441 Main Street
Suite 1100
Springfield, MA 01103

39 Main Street
Northampton, MA 01060

On the web

View Firm Website

Social Media


Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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