November, 2017 | The Beliveau Law Group

Should I include survivorship language in my deed, I am not married and I am the only one purchasing the property, ?

ADDITIONAL INFORMATION: I have two children. I am the only one purchasing the house and I am not married. What type of deed would be best for me? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should always consult with an estate planning attorney as there are many options. Which one you pick depends on your age, your financial situation, and the ages of your children and grandchildren. If you add other people as joint owners on

New Hampshire Real Estate Transfer Tax

Attorney David M. Beliveau submitted an article to the New Hampshire Bar discussing the real estate transfer tax and the change in the law as it pertains to real estate transfers to revocable trusts and LLCs. Read the entire article below. Tax Law: Amended Last Year: A NH Real Estate Transfer Tax Primer By: David Beliveau | New Hampshire Bar The New Hampshire real estate transfer tax (NH RSA 78-B) – a tax on the transfer

Medicaid Irrevocable Trusts – Do They Protect Assets?

The New Hampshire Bar Association recently published an article written by Attorney David M. Beliveau discussing the use of Medicaid irrevocable trusts as a legal tool to protect assets (typically, a residence) in the case one has to be admitted to a nursing home and apply to receive Medicaid to cover the respective cost. The question is, do such trusts work? Read the entire article below. Elder, Estate Planning & Probate Law: Medicaid Irrevocable Trusts: A

Can I file for compensation as a caregiver and daughter against my mothers will?

ADDITIONAL INFORMATION: I was caregiver for my step father when he had terminal cancer for five years, also for my mother during and after that time. This was a twenty four- seven situation which included all aspects of care for them plus taking care of their home inside and out. I had to move in with them as they could not be left alone, putting my entire life on hold for a period of approximately ten

Mom has stage 4 dementia. Can she make financial decisions and changes regarding the trust?

ADDITIONAL INFORMATION: Mom and dad set up a trust in 1993. Dad was a farmer and passed in 2001. The trust states that my brother may farm the land at fair market value. Mom is 87 and recently fell and broke her hip. She has been diagnosed with stage 4 dementia. Mom will probably need extra care (assisted living, nursing home type care). Checking moms finances, I realized my brother, who is a trustee, has been

Does a living trust have precedence over a previously written will?

ADDITIONAL INFORMATION: My mother in law recently passed away. She had been going downhill since she had surgery August of 2016. She was showing signs of dementia and it got worse as the days went on. Her previous doctor even has that in her medical records. Before she had surgery she filled out a will. She had four children. In the will she left all four children equal shares of real estate that she owned. In

If an individual has been married to someone for 4 months, does the surviving spouse have Spousal Rights??

ADDITIONAL INFORMATION: Is the surviving spouse entitled to exercise their right in the sale of property, if the deceased spouse was a joint heir to property before they died! Does the surviving spouse have the right to confirm or deny the sale of the property? If the couple actually lived on the property does the surviving spouse have to move? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: This is not a straightforward scenario. You state that the

When someone is made executor should there not be some bookkeeping records provide to the others named in the will?

ADDITIONAL INFORMATION: Brother is executor. All was to be divided equally, only the executor knows the full amount in the estate, there have been some shady purchases. Has caused a divide in the family, feel there should be some accountability for the executor to be sure they are following the requirements of the will. Bank statements list of expenses. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Personal representatives are required to file an inventory within 3 months

How do I register an international divorce?

ADDITIONAL INFORMATION: My (non-US citizen husband) and I married both in Taiwan and in USA? We divorced amicably in Taiwan. I’d like to register the divorce the US . There are no settlement issues. We have two adult children and one child still under the age of 18. I have sole custody. We executed the Taiwan divorce agreement in both English and Chinese. I’d also like to reclaim my maiden name. ATTORNEY ANSWER BY MARGARET L.

How do I enact a power of attorney?

ADDITIONAL INFORMATION: My Mom has been giving her money to a scam artist. So far l think it’s about $150,000. She thinks she is going to marry this guy she’s never met. The police have been called by 2 different banks and they have explained that she could go to jail for money laundering but this is not stopping her. I am her poa but how do I get it enacted ATTORNEY ANSWER BY MARGARET L.

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Beliveau Law Group

November 2017