I want to be executor

ADDITIONAL INFORMATION:

Hello. My sister is the executor of my moms estate. I live with my mom, take care of my mom, take my mom to dr, make sure shes fed and clothed, etc. My mom is elderly.  My sister does absolutely nothing for our mom– no visits, no contact, no doctor visits — nothing at all.  But she is in charge of the money and bank account my mom received for my dads wrongful death lawsuit. My sister refuses to give us money or even tell us about the account. How can I become executor of this account in order to take care of our mom

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Can I get some sort of custody for my newborn half sister?

ADDITIONAL INFORMATION:

My parents seperated when i was 7, im now 20. My dad and his wife are having a baby girl in a few weeks but with mines & dads wifes history… she is not allowing me nor my brother to be apart of our sisters life. both my brother and i want to be apart and active in her life, is there any sort of custody we can get without making the situation worse?

ATTORNEY ANSWER BY MARGARET L. CROSS:

You have no rights to demand visitation or custody if the child’s parents are living and treat her well. Not allowing you in her life will not be considered abuse by the court system.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The probate litigation attorneys attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

What do I do if the other parent claimed our child on their taxes?

ADDITIONAL INFORMATION:

According to the child support agreement I’m suppose to claim our child for even tax years while she can claim her on odd tax years. So for this year’s tax season(2016 tax season) the mom claimed our child on her taxes, before I can file my taxes. Now, I can’t file my taxes while claiming our child. What do I do to fix this to be able to claim our child for my taxes this year?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Report your deductions on your own tax return. If she has already claimed the deduction, the IRS will disallow your claim and at that point, you can provide proof that you are the custodial parent. The IRS will then disallow your ex-wife’s deduction and allow yours.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The tax attorneys at the Beliveau Law Group provides legal services for taxation. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

If I was omitted from a will do I have the right to receive a copy of the will? And do I have to sign a paper i won’t contest?

ADDITIONAL INFORMATION:

Dad just passed away my aunt who is executor told me I was omitted from will.  I don’t trust. Will I still be entitled to original copy or just get a paper saying I will not contest and if I don’t sign what happens?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Once the personal representative submits the Will to the Probate Court for probate with the petition, all heirs at law are notified that the will has been submitted, whether they are to receive a bequest or not. The Will is on record at the Court. You can obtain a copy. You will have the opportunity to object to the Will at that time. You are not required to sign away your rights.
If you have been omitted and you feel that you want to object to the will, you should retain an attorney. There are filing requirements that must be met. Also, if your aunt delays in filing the Will, you should retain an attorney to force her to file the Will.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The probate litigation attorneys attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

Package delivery is a headache for landlords, condos

The explosion of online shopping has created a big headache for landlords and condo associations – what should be done about the deluge of packages being delivered to residents?

Staff at large apartment buildings often strain under the effort to accept, sort and deliver hundreds of packages. Smaller landlords and condo associations are striving to figure out the best policy: Should packages be left outside, where they are vulnerable to weather and theft? Is there a better, workable way to get them to tenants and unit owners?

Camden Property Trust, a huge landlord with 59,000 apartment units in 10 states, recently announced that it was banning package deliveries altogether. Camden tenants must now pick up packages at a post office, or else have them shipped to their workplace or to the home of a friend or relative. [Read more…]

If you own real estate, you need a will

Anyone who owns real estate needs to have a will that indicates what should happen to the property if he or she suddenly passes away.

You might assume you know who would inherit the house, but without a written will, the inheritance would be decided by state-law rules that might not be exactly what you’d expect.

Even if the house ultimately goes to the person you want, the lack of a will might mean that ownership of the house remains in legal limbo for an extended period of time. This can create unnecessary complications when it comes to paying property taxes and arranging for continued utilities and insurance coverage. If you have a mortgage, it can create even bigger headaches. [Read more…]

Buyer sues although property was purchased ‘as is’

A buyer who discovered that her new house was contaminated with mold can sue the seller, even though the house was purchased “as is” and the seller specifically said there might be mold in it, according to the Wisconsin Court of Appeals.

Catherine Fricano bought the house from a bank that had acquired it in a foreclosure. The house had sustained serious water damage, and before selling it, the bank twice paid for mold remediation and repair work.

The bank’s contract with Fricano said that the house was being sold “as is,” that it might have had mold in it in the past, that it might currently have mold in it, and that the bank made no guarantees whatsoever about the condition of the building. The bank also said that since it had acquired the home through foreclosure, it had “little or no direct knowledge about the condition of the property.” [Read more…]

Tax break for selling land next to your house

You probably know that if you make a profit when you sell your house, you can usually avoid paying capital gains tax. In most cases, you can avoid the tax on profits of up to $250,000 (or $500,000 for a married couple).

But did you know that if you sell your house in one transaction and a vacant parcel of land next to your house in a separate transaction, you can also get a tax break?

In many cases, you can combine the two sales and treat them as a single sale subject to the $250,000 or $500,000 exclusion.

That’s true if you sell the adjacent parcel within two years before or after you sell your house, and if the parcel was originally part of your residence and wasn’t used for a separate business or rental purpose.

Beware of this ‘trap’ in commercial insurance

Many commercial insurance policies contain what’s called a “protective safeguards endorsement.” This gives the property owner a break on its insurance premiums if the owner protects the property through a fire alarm, automatic sprinkler system, fire safety service contract, or other method of preventing harm.

Sounds like a good idea, right? It can be … but the trick is that these endorsements typically say that the owner must maintain the system in good working order at all times, or notify the insurance company right away if there’s a problem the owner can’t control. Otherwise, the insurance company won’t pay for any losses.

That means the owner must be extremely careful about maintaining its systems. Also, the owner must be extremely careful about not letting a tenant do anything to compromise the systems. If a tenant is allowed to make minor alterations without the owner’s approval, for instance, how will the owner know if the tenant does something that unintentionally affects a sprinkler system?

These endorsements can be a money-saver, but property owners need to think long and hard about the potential negative consequences.

More parents buy condos for their children in college

A growing trend is for parents to buy a condo for their college-age children to live in, instead of a dormitory. This gives the child more luxurious accommodations (and encourages an environment conducive to studying instead of all-night partying), while creating the possibility that the parents can sell the property at a profit in four years.

There are other financial benefits, too. For instance, suppose that instead of paying the college for room and board, you give the money to your child. You can give your child up to $14,000 a year without paying gift tax, and a married couple can give up to $28,000. Your child can then use the money to pay you rent for the condo. Voilà! You’ve created a rental business that provides tax breaks.

As long as you’re charging your child full market rent, you can deduct your mortgage interest payments as a business expense. You can also deduct other operating expenses, such as insurance, utilities, condo fees, cleaning costs, maintenance and repairs. You may also be able to take a deduction for depreciation. [Read more…]

How to understand your APR

Many mortgage shoppers are confused about the difference between a loan’s interest rate and its APR, or annual percentage rate. Understanding APR can be extremely valuable, because it can allow you to compare different loans more effectively and figure out which one is truly best for you.

But you’ll also want to understand the limits of APR, and why a loan with a better APR might not necessarily be a better loan given your specific circumstances.

Interest rates are simple – they’re the cost of borrowing money. All other things being equal, a loan with a 4% interest rate is better than a loan with a 5% interest rate.

But the problem with mortgages is that all other things are seldom equal, because different lenders charge different amounts for closing costs and other expenses. That’s where APR comes in. APR is designed to compare the true cost of a loan when these other expenses are taken into account. [Read more…]

I am a beneficiary of irrevocable trust which last asset is a home that my mother is allowed to live in but not life right.

ADDITIONAL INFORMATION:

She must maintain the home carry liability fire etc. Repair replace and provide all upkeep including taxes to remain there. She HAS NOT DONE THIS. I informed trustee and my sisters tried to get a loan for her unsuccessfully even the trustee tried and was denied. I want to stop the delapitation of my inheritance and have her removed. I am also on SSI and am homeless and have been denied access to the home to live. No one cares. Help.

ATTORNEY ANSWER BY MARGARET L. CROSS:

The Trustee has a fiduciary responsibility to make sure that the terms of the trust are followed. You may be able to file a petition to have the Trustee removed and seek that the terms of the trust be followed. You will need to work with an attorney to accomplish this.
However, without reviewing the trust, I can’t tell you what would happen after the petition is enforced. Is your mother then turned out into the streets? Does the trust spell out that the house is to be sold? What happens to the proceeds of the sale? Can the proceeds be reinvested into a home that your mother can afford? No matter what the outcome it will be difficult for both you and your mother.

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Inquiring to see if my brother and I have a case against my sister.

ADDITIONAL INFORMATION:

30 years ago my sister was given $40,000 by our father. He told me and my brother about it and told us he wanted to leave us something for our future. He said my sister would invest it and not be touched until he dies. This past January he passed and now my sister doesn’t seem to want to, or can’t discuss it she says. What can we do?

ATTORNEY ANSWER BY MARGARET L. CROSS:

What your father tried to set up for you and your brother is called an oral trust. What you are running into is what a lot of other families experience when mom or dad trusts only one child to save move for all of the children. The trusted child not longer wishes to share. Is there anything besides the fact that dad told you about it to prove that it was his intention that the money be split. That is the only way that a judge would order your sister to distribute money to you and your brother. Do you even have proof that she received $40,000? Did dad file a gift tax return to report the gift? I assume not if he didn’t want to set up a written trust. It will be extremely hard to find bank records that far back if you don’t already have them. Plus, she could easily say that he gave it to her as a gift for herself. Assuming you do find proof, a lawsuit is extremely expensive and she has $40,000 with which to defend herself. You may want to hire an attorney investigate and promote a settlement without going so far as to file a lawsuit. It will still be expensive.

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What happens if no one wants the responsibility of what the will entails?

ADDITIONAL INFORMATION:

I have a family member who passed away and has left in the will that all liquid assets remain apart of the estate and has asked that they be used to establish a foundation for children in another country to pay for education. It’s a noble idea, but also it sounds like it’s going to be a big undertaking. If the names executor has too much on their plate to do it and no other family members what the responsibility what happens?

ATTORNEY ANSWER BY MARGARET L. CROSS:

No one named as executor is required to take on the responsibility. If no one in the family wants to do so, then you can ask the court to appoint a public administrator. Please keep in mind the executor is doing a job and will be paid for his or her time whether it is a family member or the public administrator. Should the estate not have enough money to keep a foundation going, the executor could petition the court to make a straight charitable contribution. Your family member would need to have allocated a lot of money to the private foundation sustainable. If it doesn’t have a few hundred thousand dollars, the legal and accounting fees are going to eat it up after a few years.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

 

Does a notarized document override an original Will

ADDITIONAL INFORMATION:

My father passed away leaving his children as the sole heirs in his will, but I have recently learned that a grandson in the family has greedily manipulated some notarized document claiming ownership of my fathers house and car. My father would have never knowingly signed any document giving him ownership of anything.  Does a notarized document override the original Will?

ATTORNEY ANSWER BY MARGARET L. CROSS:

The will only governs the assets which go through probate. Re-titling an account so that it is joint will take the account out of probate. Adding a person to a deed will also avoid probate. This does not revoke the will. If your father was tricked into giving his assets away, a judge can issue an order to bring the assets back into the probate estate. You will have to prove that your father was incompetent or truly did not understand what he was signing. You need to consult with a probate attorney as soon as possible.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The probate litigation attorneys attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

How do I legally report income for tax purposes on an investment that is held in the name of a friend?

ADDITIONAL INFORMATION:

If I give my friend money towards an investment in their name (equal to 50% of the total investment of one share of a restaurant), how can we each report this on our individual taxes?

ATTORNEY ANSWER BY MARGARET L. CROSS:

The income generated will be reported on the owner’s tax return. You will not own any shares. What you are doing is making a loan to a friend who in turn makes an investment. His only obligation to you will be to repay the loan at some point. If your agreement isn’t in writing, you friend can easily claim that you had made a gift to him.  Your agreement should be set out in writing on how and when the money is to be paid back to you and at what interest rate. The agreement should be drafted by an attorney. If you are expecting a big return on your loan to your friend because this restaurant takes off, don’t. Invest in the restaurant under your own name if you want to secure the appreciation.

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My father in law is in a 3 year court battle, he lives in a rv and recently had a stroke can we bring him to our state for care

ADDITIONAL INFORMATION:

His friend died a few years ago leaving everything to Dan (father in law) after the death unknown nephews came out looking for money and took Dan to court. His case has been continued for years now he was set to go to trial on Monday but had a systematic stroke he can’t use his left side and the Dr said he has a disk puting pressured on nerves in neck. He also is bipolar. He lives in a camper and has nothing. We want to bring him to nv for care we are his only family. How can we make it happen legally

ATTORNEY ANSWER BY MARGARET L. CROSS:

Is your father-in-law incompetent? Having physical side effects from a stroke does not mean that he has lost the ability to make decisions for himself. If he is still competent, you have no problems. He can move. He should execute a power of attorney and health care proxy immediately in case he suffers another stroke and does become incompetent. If he refuses to go and is incompetent, you will have to apply for the guardianship/conservatorship where he currently resides, move him, and then reapply in the new state. You will need attorneys in both states.  His court case is a non-issue when it comes down to moving him.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is [Read more…]

What do I do if my ex filed our daughter on his taxes, which violates the court order?

ADDITIONAL INFORMATION:

I have sole legal and primary physical custody of my daughter, her dad lives in another state. Our court order says I have the exclusive rights to file her as a dependent on my taxes, and file for her dividend every year. He knew about the court order and still claimed her on his taxes and filed for her PFD. How do I enforce the court order?

ATTORNEY ANSWER BY MARGARET L. CROSS:

You are no longer linked to your ex-husband’s tax filing because you are no longer signing off of its veracity. If he reported deductions incorrectly, he alone will suffer the repercussions. Report your deductions on your own tax return.  If he has already claimed the deduction, the IRS will disallow your claim and at that point, you can provide proof that you are the custodial parent.  The IRS will then disallow your ex-husband’s deduction and allow yours.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not [Read more…]

Nursing Home Fraud.

ADDITIONAL INFORMATION:

The Nursing Home that my Deceased Dad was in after having a sudden stroke is trying to get a judgement against me stating that I was his POA & I should not have accepted yrly checks from him for my two children & myself. I did not sign any papers stating that I would be responsible. Their claims are that even though my dad was in good health taking care of his own home he should have kept his money due to the 5 yr lookback .( Dad started giving my children & I monetary gifts 11 yrs prior to his stroke. Can the Nursing Home get a judgement against me ? If so do they get a monetary settlement or a lien on my home. I am quite concerned & do not fully understand how they can go after me.
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Will I have to pay income tax on my Mothers house that was in a revocable trust?

ADDITIONAL INFORMATION:

I am sole heir in my Mothers revocable trust. She died in 2016, I sold her house in 2016. Will I have taxes to pay?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Upon your mother’s death, the home receives a step up in basis to fair market value. By placing and selling the home on the market soon after your mother’s death, the basis will be presumed to be the selling price. You should consult with a knowledgeable accountant or CPA to do the tax returns, especially if the house was sold from the trust. Upon your mother’s death, the trust became irrevocable and an EIN should have been assigned to the trust.

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