Overview

About Brian Barreira

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, NAELA Quarterly and The Practical Lawyer, and in Massachusetts for several Massachusetts Continuing Legal Education and Massachusetts Bar Association publications on the topics of estate planning, probate, estate and gift taxation, Medicaid and elder law. Brian has recently been updating several of those articles and has been posting them at his blog, http://elderlawblog.info.

Brian has spoken nationally at American Bar Association Annual Meetings in Orlando, Florida and San Francisco, California, at Elder Law Symposia in San Diego, California, Orlando, Florida, Atlanta, Georgia and New York City, New York, at Elder Law Institutes in Colorado Springs, Colorado and St. Louis, Missouri, and at the Advanced Estate Planning Institute of the American Institute of Certified Public Accountants in Coronado, California. In Massachusetts, Brian has spoken for the Massachusetts Bar Association's Probate Law Section, the Massachusetts Chapter of the National Academy of Elder Law Attorneys, the Advanced Legal Studies Program of Suffolk Law School, the Cape Cod Estate Planning Council, the Bristol County Estate Planning Council, the Plymouth County Bar Association, the Plymouth District Bar Association and Massachusetts Continuing Legal Education.

Prior to opening his own law office in 1996, Brian worked for 11+ years settling complex estates at State Street Bank and Trust Company in Boston, Massachusetts and practicing estate planning, probate and elder law for law firms in Boston and Plymouth, Massachusetts.

Brian continues to speak to numerous professional and civic groups about all aspects of estate planning, probate and elder law, and is available to groups seeking speakers or information about these topics.

Practice Areas
Professional Experience
ExperienceYears
Attorney, Law Offices of Brian E. Barreira, Plymouth and Hingham, Massachusetts1996-Current
Specializing in estate planning, probate and elder law.
Attorney, Winokur, Winokur, Serkey & Rosenberg, P.C., Plymouth, Massachusetts1998-2006
Specializing in estate planning, probate and elder law.
Attorney, Barron & Stadfeld, Boston, Massachusetts1997-1998
Specializing in estate planning, probate and elder law.
Estate Settlement Specialist, State Street Bank and Trust Company, Boston, Massachusetts1995-1997
Education
SchoolFocusDegreeYear
Boston University School of Law - Boston UniversityTaxationLL.M.1990
Boston University School of Law - Boston UniversityLawJ.D.1984
Boston CollegeOperations ManagementB.S.1980
Professional Activities
ActivityOrganizationStart YearEnd Year
MemberMassachusetts Guardianship Association2008
MemberMassachusetts Chapter of National Academy of Elder Law Attorneys1991
Details: President, 1994. Chair, Program Committee, 1999-2005.
MemberNational Academy of Elder Law Attorneys1990
Details: Tax Editor, NAELA Quarterly, 1991-1994.
MemberMassachusetts Bar Association, Probate Law Section1986
Details: Section Council, 1993-1996.
MemberAmerican Bar Association1986
Details: 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.
Professional Affiliations
PositionYears
Member, United States District Court, District of Massachusetts1998-Current
Member, Massachusetts State Bar1985-Current

Publications

Publications
TitlePublisherPublished
Tax Considerations Regarding Trusts, Estate Planning for the Aging or Incapacitated Client in MassachusettsMCLE Book Publications, Massachusetts Continuing Legal Education2004
An Analysis of Various Types of Transfers of the Home: Tax and Medicaid IssuesElder Law Institute2001
Proper Medicaid Planning Can Keep the Home in the FamilyEstate Planning2001
Tax Traps for the UnwarySuffolk University Elder Law Institute1998
Using a Charitable Remainder Annuity Trust to Pay for Long-Term Care InsuranceEstate Planning1997
An Overview of Estate Planning on Behalf of Incompetent PersonsMassachusetts Lawyers Weekly1995
Using Special Powers of Appointment in Medicaid PlanningNAELA Quarterly1992
Your Client's Right to Say No: A Nursing Home Is Not Inevitable, Especially If the Goal Is Home Health CareThe Complete Lawyer1992
Medicaid Trusts: Resolving the Income Tax IssuesEstate Planning1991
Despite Medicaid Transfer Restrictions, the Home May Still Be Kept in the FamilyEstate Planning1990
Using Special Powers in Medicaid TrustsProbate & Property1990
An Irrevocable Grantor Trust Can Assure Eligibility for MedicaidEstate Planning1989

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Twitter / EstatePlan
  • EstatePlan: My answer on @Avvo to: Do I need a Lawyer to file a claim against an Estate? - You haven't stated where your brother ...
  • EstatePlan: See my answer on @Avvo to: Can an executor be denied his/her appointment because a will is being contested? - When a ...
  • EstatePlan: Please see my answer on @Avvo to: Can I deduct the interest I am paying on my late husband's loa...
  • EstatePlan: Why Is It Important that a Massachusetts Power of Attorney Be “Durable” and Detailed? http://wp.me/pRFoy-n1
  • EstatePlan: See my answer on @Avvo to: Living Trust - The answers to your questions are based on the assets b...
  • EstatePlan: My answer on @Avvo to: My mother passed away and I am currently living in her house but she is way behind in her payme... http://rpx.me/RLTc
  • EstatePlan: My answer on @Avvo to: Can my father gift away his house after he starts receiving Medicaid (Masshealth) benefits to p... http://rpx.me/svAc
  • EstatePlan: Minimum Monthly Maintenance Needs Allowance for Nursing Home Resident’s Spouse Increased to $1,838.75 during 7/1/2011… http://wp.me/pRFoy-mH
  • EstatePlan: What is Reasonable Compensation for the Trustee of a Massachusetts Pet Trust? http://wp.me/p1mAta-Q
  • EstatePlan: Should the Trustee of Your Massachusetts Pet Trust Be Given a Limited Durable Power of Attorney? http://wp.me/p1mAta-6L
  • EstatePlan: I answered a question on Avvo: My father died just over a year ago. He remarried his lover of 30 yrs 6 mos before he p... http://rpx.me/aTYb
  • EstatePlan: I answered a question on Avvo: How do I file a claim against an intestacy in Massachusetts? - If you're not bumping up... http://rpx.me/v8Xb
  • EstatePlan: I answered a question on Avvo: Parent was married and died without a will. - If a married person domiciled in Massachu... http://rpx.me/TYWb
  • EstatePlan: I answered a question on Avvo: co fiduciary & bank privacy - There seems to be a missing fact in your description, sin... http://rpx.me/sZSb
  • EstatePlan: New Massachusetts Law Allows Trusts to Be Established to Take Care of Pets http://wp.me/pRFoy-m1
  • EstatePlan: When Can the Amount in a Massachusetts Pet Trust Be Reduced by the Court? http://wp.me/p1mAta-6H
  • EstatePlan: Should Your Massachusetts Pet Trust Be a Provision in your Will, or Should It Be a Separate, Stand-alone Trust? http://wp.me/p1mAta-6m
  • EstatePlan: I answered a question on Avvo: My father died and the house is left to my sister and I through a quit claim deed signe... http://rpx.me/kjLb
  • EstatePlan: What Are the Income Tax Issues for Pet Trusts?: http://wp.me/p1mAta-22
  • EstatePlan: Establishing a Life Care Plan for Your Pet http://wp.me/p1mAta-6p

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