Shatz, Schwartz & Fentin: Lawyers in Western Massachusetts

Carol Cioe Klyman

Practice Areas

Attorney Carol Cioe Klyman concentrates her practice in the areas of elder law, estate planning and administration, special needs trust planning, estate settlement, guardianships, and probate litigation.
Many of Attorney Klyman’s clients are older individuals, the families of older individuals, and disabled individuals and their families. Her clients’ concerns often center on securing their families’ financial well-being, providing a legacy for the future, eliminating or minimizing estate taxes and financing health care costs. These issues require the ability to reconcile complex and sometimes conflicting rules in such areas as elder law, special needs planning and estate tax.

Attorney Klyman’s services include drafting strategic plans for clients facing nursing home care and preparing and filing applications for MassHealth benefits. As an advocate, she represents clients before the Office of Medicaid Board of Hearings on MassHealth appeals, before the Superior Court on appeals of adverse administrative hearing decisions and before the Probate Court on litigation involving wills, trusts and estates and contested guardianships. Attorney Klyman also is versed in all aspects of estate administration, including probate petitions and accountings and preparation of estate tax and gift tax returns.

An emerging part of her practice is estate planning for individuals with disabilities, including filing petitions for guardianships, structuring settlements for personal injury proceeds, and drafting special needs trusts.

Education

Western New England College School of Law, J. D., magna cum laude, 1996; member, Western New England Law Review, 1994 -1995
University of Rhode Island, B. A., cum laude, Journalism, 1975

Admitted

1996, Massachusetts Bar
1997, Internal Revenue Service recognized representative
2005, U.S. District Court, District of Massachusetts

Biography

Shatz, Schwartz and Fentin, P.C., Shareholder, since 2003; Associate 1996 to 2003
NAELA Journal editorial board, 2009 to present
Adjunct professor of law, LL.M. program, Western New England College School of Law, Fall 2006
Massachusetts SuperLawyers Rising Star, in the field of Elder Law, 2005 to 2006
Massachusetts SuperLawyers, in the field of Elder Law, 2007 – 2012
Best Lawyers in America, in the field of Elder Law, 2006 to present
Litigation Intern, Office of the Attorney General, Western Massachusetts Division, 1993
Prior to completing law school, she worked for 20 years as a journalist and editor for newspapers and magazines, including the Providence Journal, Berkshire Eagle, Palm Beach Post, Miami Herald,and New England Monthly and as a freelance writer for publications including the New York Times, Newsweek, Esquire, People and Mademoiselle.

Memberships

American College of Trust and Estate Counsel, fellow 2010 to present
National Academy of Elder Law Attorneys: Member, 1996 to present; NAELA Journal, Editorial Board, current
NAELA Massachusetts Chapter: Vice President, 2003-2004, Director, 2001-2006; litigation committee co-chair 2006 to present; member, 1996 to present
Estate Planning Council of Hampden County: President, 2009 to 2010; Vice President, 2008 to 2009; Secretary, 2007 to 2008; Director, 2003 to present; member, 1996 to present
Pioneer Valley Estate Planning Council: member, 2005 to present
Hampshire County, Hampden County and Massachusetts Bar Associations: Member, 1996 to present
Massachusetts Collaborative Law Council: Member, 2009 to present
International Association of Collaborative Law Practitioners: Member, 2009 to present

Professional and Community Activities

Massachusetts Continuing Legal Education: Co-chair, 11th Annual Elder and Disability Law Conference, 2009 to present.
Frequent lecturer before professional (PESI, MBA, MCLE, Estate Planning Council, Suffolk University Law School Institute of Advanced Legal Studies) and civic groups on elder law, long-term care issues, estate and special needs planning, and tax matters.
Hilltown Land Trust, Board of Directors, 2011 to present.
Friends of Westhampton Memorial Library: Board member, 2004 to present; member, 1998 to present
Westhampton Arts Council, 1989 – 1992

Publications

“Mistakes That Make A Litigator’s Day.” BusinessWest, February 14, 2011
“A Practical Guide to the Judicial Review Process for MassHealth Appeals.” Litigation Initiative, Litigation Training Workshop, NAELA Massachusetts Chapter, Framingham, MA, October 28, 2009
“The Reluctant Litigator’s Guide to Judicial Review of MassHealth Decisions.” Institute for Advanced Legal Studies, Suffolk University Law School, Boston, MA 2008
“The CPA’s Guide to Long Term Care Planning.” AICPA, 2008. (Contributor)
“Learn How Trusts can Protect: You, Your Family, and Your Charitable Interests.” Legacy Bank, 2008. (Co-Author with Attorney Ann I. Weber, Attorney Michele J. Feinstein)
“Medicaid Update.” The Estate Planning Council of Hampden County, Inc., 2008 (Co-Author with Attorney Hyman Darling)
“Collecting and Managing Assets of A Decedent’s Estate.” National Business Institute, 2008.
“Planning for Long-Term Care: New Laws and Regulations.” 2007. (Co-Author with Attorney Ann I. Weber, Attorney Michele J. Feinstein)
“Selected Tax Issues in Estate Planning For the Elderly.” Massachusetts Continuing Legal Education, 2004-2007.Esquire. (Co-Author with Attorney Ann I. Weber)
“Estate Planning for the Aged or Incapacitated Client in Massachusetts.” MCLE, 3 vol., 2007. (Contributing author, 1996 – present)
“Massachusetts Medicaid Today 2007: Long-Term Care Policy.” 2007. (Co-Author with Attorney Ann I. Weber, Attorney Michele J. Feinstein)
“Medicaid and Real Estate Preservation Strategies.” Elder Law Institute XI, Suffolk University Center for Advanced Legal Studies, 2005
“Valuing Future Interests in Medicaid Land and the Real World.” Suffolk University Center for Advanced Legal Studies, 2005
“Demystifying the Value of Life Estates and Remainder Interests.” Suffolk University, Elder Law Institute XI, 2005
“The Perils of Joint Property Ownership for Unmarried Partners.” November 2005
“Community-based MassHealth Programs for Individuals Over-65: “Myth versus Reality,” Massachusetts Bar Association, November 2003
“Taxing Issues Involving Life Estates.” Massachusetts NAELA newsletter, September 2002
“Elder Law Comes of Age.” Boston College Law Alumni Magazine, July 2002
“Living With and Paying for a Long Term Illness.” Huntington’s Disease Support Group, May 2002
“SSI Termination for Legal Immigrants – Income Tax Issues.” Massachusetts Law Reform Institute, February 1997
Attorney Klyman has published numerous articles for general circulation publications including the New York Times, Newsweek and Esquire on business, science, travel and other topics of general interest.