What is the difference between a durable power of attorney and a power of attorney?

ADDITIONAL INFORMATION:

My mother is 88 years old. She would like help paying bills, being a representative for her with her bank and other creditors. What type of form do I need?

ANSWER BY MARGARET CROSS-BELIVEAU:

A power of attorney is a document which gives an agent the ability to make financial decisions for the principal for a certain transaction or period of time. It will cease to be valid if the principal becomes disabled. For instance, if you are selling a home, you may give your attorney the right to sign the contracts for you if you are out of state.
A durable power of attorney does the same except it is a broad power and lasts through incompetency. A durable power of attorney is often executed for estate planning purposes.
In both cases, the agent owes a fiduciary duty to the principal to act in the principal’s best interest.
[Read more…]

Our 21 year old daughter was diagnosed with serious pancreatitis.

ADDITIONAL INFORMATION:

She refused medical treatment and was told that doing so could result in death. She is not suicidal, but if she continues her current course she could die. Is there any legal way to compel her to medical treatment? [Read more…]

Can I use a TOD for real estate?

ADDITIONAL INFORMATION:

I want to leave my house for my daughter when I die and avoid probate. [Read more…]

Fast-food workers can’t publicly trash employer in name of organizing

Under the National Labor Relations Act, employers can’t interfere with their workers’ right to engage in “protected concerted activity” ­— in other words, their right to organize and as a group push for better pay and working conditions. Employers who fail to abide by this law risk fines and other punishment.

However, a recent decision from a federal appeals court draws a line between protected concerted activity and disloyalty that an employer isn’t required to tolerate. [Read more…]

Arbitration agreement enforceable even though worker signed two months after starting her new job

An employee could be forced to arbitrate a gender harassment claim against her employer even though she didn’t sign the arbitration agreement until two months after she started her job, a federal judge in North Carolina recently ruled.

Employer Ross Stores hired the employee in question, Amy Lesneski, to work as a second-shift supervisor at its distribution center in Rock Hill, North Carolina, in October 2014. Two months later, she signed a “dispute resolution agreement” in which she agreed that she wouldn’t be able to take her employer to court over any potential disputes that might arise. Instead, any claim would be decided by a private arbitrator. [Read more…]

Miscalculating worker’s FMLA leave costly to employer

Under the federal Family and Medical Leave Act, employers of a certain size must allow workers to take up to 12 weeks of unpaid leave in a year to deal with personal illness or care for sick family members. If the worker fails to come back when the leave is exhausted, he or she can be considered to have “voluntarily resigned” and the employer no longer has to keep the job open.

But a recent case from Virginia shows that employers must be very careful to calculate leave time accurately and make sure they’re acting in good faith when they decide an employee has voluntarily resigned. [Read more…]

Employees can take CVS to court over unpaid online training time

A class action lawsuit brought by pharmacy technicians in federal court against the CVS drugstore chain highlights the risks employers take by “nickel-and-diming” their workers.

According to the lawsuit, which was filed by technicians in Pennsylvania and New Jersey on behalf of themselves and other CVS pharmacy technicians, the company violated state and federal wage laws and breached their contracts by failing to pay them for time they spent taking a mandatory online training course. [Read more…]

Fitbits may be helpful tool in employment cases, but reliability issues abound

Wearable technology has exploded in popularity over the past few years as a way of monitoring fitness, athletic performance, health and alertness. Fitbits can track things like calories burned, your heart rate at different times, the steps you’ve taken over the course of a day or a week, your blood sugar levels and even your sleep patterns. [Read more…]

What rights do my siblings and I have to my grandmothers estate if our mother’s inheritance was sold before she died?

ADDITIONAL INFORMATION:

My Grandfather passed away in 2007. 6 months before his passing, he sold the home he had left in his will for my mother. My Mother passed away in 2016. 6 months before, her mother, my grandmother, passed away in 2017. My grandfather’s will was possibly never read in 2007 stating that my Mother would have inherited the home sold in 2006. My uncles have claimed the properties they inherited but did not inform my siblings and me of this recent finding. What are our rights in regard to what was intended for our mother?

ANSWER BY MARGARET CROSS-BELIVEAU:

If a will lists a specific asset with a specific beneficiary, then the beneficiary is entitled to only that specific asset if the decedent died owning the specific asset.  So, lets say that the person who writes the will (the Testator who we will call T) states that property 1 Main Street goes to A and everything else goes to B & C.  During life T sells 1 Main and with the proceeds buys 2 Main Street.  T does not update his will.  Upon T’s death, the bequest to A will lapse because T no longer owned 1 Main Street and B & C will inherit everything.

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 provide 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.

Will my father lose his home??

ADDITIONAL INFORMATION:

My father is 80 years old and his wife Gracie is 72. They have been married for 32 years. My father has 3 children with my mom, he and his wife have no children together and she had no other children previously. She owned their home when they got married and they have had several subsequent mortgages; currently they are upside down in mortgage debt. Gracie has bequeathed the home to family members other than my Dad (her cousin’s children) upon her passing. We do not know if there are any provisions for my father to stay in the home if she predeceases him and cannot get that answer. If Gracie passes (she is not well) can her beneficiaries put my father out of his home? Would it make sense for him to have a Quitclaim Deed prepared, putting the home in his name to protect himself if she does pass before him? He is her Durable Power of Attorney. Thank you so much in advance. [Read more…]

My husband and his mother own a two family house what happens if one of them dies?

ADDITIONAL INFORMATION:

My husband and his mother bought a two family 20 years ago I just married my husband five years ago he has no children of his own his mother has five children what happens with the house if one of them dies? Thank you…They are both pretty ambivalent about seeing a lawyer they seem to think everything will just work out.

ANSWER BY MARGARET CROSS-BELIVEAU:

It depends on how your husband and mother-in-law took title to the property when they bought it. If they purchased it as joint tenants by right of survivorship, the the survivor of the two of the will have sole ownership of the property. When the survivor dies, it will go through probate. If they purchased it as tenants in common, each of them is considered owning 1/2 of the property individually and the 1/2 interests will go through the probate process separately upon each of their deaths. [Read more…]

Must a trustee transfer the title of a home he inherited (currently in a Trust) before selling it?

ADDITIONAL INFORMATION:

My friends brother was “willed” a home from his Father. His Father setup an irrevocable trust to handle his assets after death. My friends brother kept this property within the trust for almost 24 months, expensing taxes, repairs and other items as trust expenses, then sold the house directly from the trust and is now claiming 100% of the proceeds of the sale of the house. In other words, he charged the trust $20k to maintain the house while it was in the trust (even though it was willed to him immediately after his father died), then sold the house and kept all the profits without transferring the home/title into his personal possession? Is this legal? [Read more…]

What happens if a beneficiary of a will doesn’t follow it

ADDITIONAL INFORMATION:

My two sisters, myself, and my deceased Dad’s live in caregiver are beneficiaries of my Dad’s will.  According to the will, the caregiver can live in the house up to 6 months after Dad passed.  At this time we can sell the house and split the profits. If the caregiver isn’t out of the house, what can we do? Do we serve her eviction papers and have to go to court to evict her?

ANSWER BY MARGARET CROSS-BELIVEAU:

Yes, the caregiver would have to be evicted if she has not yet moved.  Only a personal representative of your father’s estate has the ability to file an eviction.  If you haven’t done so already, you need to begin the probate process.
[Read more…]

How do I remove myself off a durable general power of attorney

ADDITIONAL INFORMATION:

I was asked to be a friend of mine’s durable power of attorney he is incarcerated and is just too much for me to handle I would like somebody else to take over how do I take myself off a durable general power of attorney

ANSWER BY MARGARET CROSS-BELIVEAU:

You are not locked into acting as someone fiduciary agent. Your friend may execute a new power of attorney electing someone else as his fiduciary. If he does not do this, you can resign by delivering the resignation in writing to him and anyone else who holds a copy of the power of attorney. [Read more…]

Why does my mother have to sign a ‘removal request’ from the title of the house when she had a quitclaim deed, done in 2005?

ADDITIONAL INFORMATION:

A Quitclaim, which turned ownership of the house to her three kids for one dollar was drawn up in 2005. Mother is now in assisted living and my brother is buying out his two siblings’ share. Why would the lenders’ title company want my mother to sign a ‘removal request’ to get her name off the title? Wouldn’t the Quitclaim have accomplished that? And, if not, will Medicaid consider the date of the quitclaim deed, or date of the removal request when we apply for Medicaid? We are in Massachusetts. No one has been able to answer this question. I have spent hours trying to get a definitive answer. Thank you. Is the term ‘Right of Survivorship, reserving for ourselves the Estate of Homestead’ the phrase that is requiring the ‘removal request? Was the property legally turned over to us with this Quitclaim deed so Medicaid can’t demand the proceeds from the sale of the house? [Read more…]

Arbitration agreement enforceable against spouse

If you’ve ever signed up for a credit card, a gym membership, cell phone service or any other number of services, you’ve probably signed an arbitration agreement without even realizing it. These are provisions buried deep within consumer contracts, loans and even employment agreements under which by signing the contract you’re agreeing not to take the company to court over any disagreement that may arise. Instead, you agree to have your case decided by an “arbitrator” — a supposedly neutral third party who’s chosen and paid by the company. This means you’re giving up important rights, such as the right to have a jury hear your case, the right to have the other side disclose evidence that could help you win and the right to appeal an unfair decision. [Read more…]

Valuation date is critical in property division

Sometimes a division of property in divorce is quite simple. The value of assets is very straightforward and splitting them is easy. But some assets can be much tougher to value and the issue can become quite contentious. This is particularly true when dealing with spouses’ interests in a business. That’s when the importance of the valuation date comes into play, as a recent Florida case indicates.

In that case, a couple with two children was divorcing. The husband had ownership interests in three companies that operated a number of restaurants across the state. At one point during the proceeding, a trial judge assessed the value of the couple’s marital estate as of the date the divorce petition was filed. But when the court issued its judgment, it used a later date to value the couples’ business interests. This difference mattered because the business earned significant profits between the two dates. [Read more…]

Wife’s claims from first divorce can’t be revived after failed reconciliation

When a couple takes the dramatic step of divorcing, they’re generally doing so for good reason. That’s why most couples who get divorced stay divorced. Still, some couples may decide that the divorce was a mistake and give marriage a second chance. Sometimes it works out, and sometimes it doesn’t. But as a recent case from North Carolina indicates, the award that a spouse received or was likely to receive the first time around will not dictate the award the second time around.

The couple in the case, Beverly and Peter Farquhar, divorced in 2004 after 10 years of marriage. A year later they decided to remarry. At the time, they still had pending claims from their divorce and they voluntarily agreed to dismiss these claims. [Read more…]

Woman who got $2M in divorce still gets support

For anyone who thinks alimony and support is just for those spouses who otherwise might not be able to support themselves, a recent Virginia decision says otherwise.

In that case, a woman whose husband was the primary breadwinner during their 27-year marriage got half of their $4.5 million marital estate in the divorce. This means she was awarded more than $2 million for her share.

Considering the modest lifestyle that the comparatively wealthy couple had maintained, a lot of people would say her share of the estate would have generated plenty of income for her to live on. [Read more…]

Can a court make you maintain life insurance for your ex-spouse?

In many divorces, one spouse is ordered to make monthly payments for “alimony” or “maintenance” to the other spouse to help that spouse support him/herself. Usually, the spouse receiving the payments is entitled to keep receiving them unless he or she remarries or starts “cohabiting” or living with someone else as a partner.

But what if the spouse who’s paying the support passes away sooner than expected, leaving the other spouse without any means of support? [Read more…]

Does a property that is held by siblings as “tenants in common” automatically pass on to the surviving spouse when one dies?

ADDITIONAL INFORMATION:

My husband and his three siblings were deeded land via a “quit claim” by their parents. One of the siblings has passed away and did not have a will. Does his share automatically pass on to his spouse or would it pass on to his children? [Read more…]

Can the father have any custody if he left me when I was 5 weeks pregnant?

ADDITIONAL INFORMATION:

The father left me when I was 5 weeks pregnant and has not been involved …he is wanted for 3 warrants. He is a recovering drug addict.

ANSWER BY MARGARET CROSS-BELIVEAU:

First the paternity must be established.  If you did not name the father on the birth certificate and you were not married, he would have to petition the court to establish paternity.  Once paternity is established, he can request visitation or joint custody.  At this point, you can request child support.  However, if he does petition the court, he will be arrested at that time on the outstanding warrants.  His arrest and/or conviction is not enough to completely sever his parental rights.  The family court would have to make a separate determination that he is an unfit parent.

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 family law attorneys at the Beliveau Law Group provide 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 make the Trustee of my irrevocable Trust make good on an addendum that was written into the Trust?

ADDITIONAL INFORMATION:

The trust states at ages 21, 25, and 35, I could withdrawal certain percentages of the principal for family needs.  At age 25 instead of taking 33% of 1.4 million, I agreed to purchase a home, go on vacation, and buy my now wife wedding ring. In the addendum, it states if I would like to purchase the home that I’m living in now I can have the opportunity to do so for $100,000.  Due to the loss of my uncle, the administrator is now my grandmother and she’s not holding true to the trust. She has taken away all my rights to know what’s going on with the trust. I no longer get statements monthly, so I have no idea where I stand with my money. There are several things that she does that I believe go against the trust and I don’t know what to do about it. I am 28 years old and have never been given anything other than a car when I was 17 years old and this house. We all just verbally agreed to purchase and got an attorney involved. Now she refuses to pay the inheritance tax for me to stay in the home, so I’m facing homelessness with my wife, two children, two animals and my mother. I need help and I don’t know where to turn. 

ANSWER BY MARGARET CROSS-BELIVEAU:

If your grandmother, as Trustee, is not following the terms of the trust, you have the right as a beneficiary to compel her to do so.  You may also have the right to remove and replace her as Trustee.  If the Trustee is found to be at fault, you can request that the trust pay the legal fee.  You need to meet with an experienced trust and estates attorney.

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 at the Beliveau Law Group provide 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.

If a father gives temporary custody to his mother, what rights does the maternal grandmother have?

ADDITIONAL INFORMATION:

My child died.  Father got custody of my grandchild.  He then gave temp custody to his mother to avoid DSS getting involved. In our court agreement papers, he was suppose to inform me if he couldn’t take care of his child but never did. He gave his mother temp custody secretively

ANSWER BY MARGARET CROSS-BELIVEAU:

If appears from your question that the family court has already issued an order about your involvement in you grandchild’s care.  Unless the court finds that the father is an unfit parent, he choices will be honored by the court.  You should consult an attorney to determine if you have the ability to object to the other grandmother having custody.

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 family law attorneys at the Beliveau Law Group provide 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.

Spouse passed no WILL, Bank Account in separate name, married since 2006, no kids, Small Estate Affidavit or ?

ADDITIONAL INFORMATION:

My spouse passed suddenly last week married since 2006 no kids, currently married he had no WILL. We kept separate bank accounts he had a small business it was easier for spending. I am not listed on checking account and it’s around $55k am I to file Small Estate Affidavit or Informal Probate. I am just trying to have the bank account and no one will be trying to get to it. I just don’t know which is the correct one to do. I am very confused and not wanting to get a lawyer to spend more money when it should be one or the other. It is kind of a shame if you have a marriage certificate and even though not on acct or no WILL it doesn’t default to you automatically in times of grief.

ANSWER BY MARGARET CROSS-BELIVEAU:

By law, an asset only automatically transfers to another individual if the asset is held as a joint owner between the two or the account was set up as a transfer on death account.  It is unclear what type of small business he had (LLC, sole proprietorship, S corp.) .  At this point, you could be probating his business ownership, not the bank account.  The asset limit for a small estate is $25,000 in Massachusetts, so you are over the limit.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide 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.

Shannon’s professionalism

Since January 2018 we have engaged Shannon to update our wills and associated trust documents along with filing the annual LLC documents with the state of Massachusetts. Shannon demonstrated courtesy, knowledge and professionalism. We certainly will use her professional services in the future and heartily recommend her.

~Michael

I don’t want to be the executor of my mothers will. How can I remove myself of this obligation.

ADDITIONAL INFORMATION:

I suffer from a lot of mental issues and cannot take the stress.

ANSWER BY MARGARET CROSS-BELIVEAU:

You do not have to accept the role of executor (aka personal representative). If your mother is alive, ask her to change her will and appoint someone else. If she has already passed, you will need to sign a document, a renunciation, where you decline to serve.

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 provide 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 to locate a known will and file for probate but live in the UK??

ADDITIONAL INFORMATION:

I actually live in the UK. My aunt, who emigrated to the USA in the 60’s, passed away nearly 7 months ago. Since then we have contacted the Probate Court to find probate of estate has not been filed. We know there is a will, as my uncle (deceased), showed it to my father on his last visit to the USA. We have contacted the retirement complex numerous times by phone and email regarding finding the will, which they are still saying they are looking for but cannot find. We have kindly asked for details of the date of her passing, what was the cause of her passing, who her doctor was, what has happened to her belongings, etc, but have been told they are not legally able to give us such information. They received a death certificate from the funeral directors but are reluctant to email a copy. My aunt had 2 power of attorney whom died before herself. Is there any way we can view the will if not found at the retirement complex, and what would be the best solution regarding probate? Myself and my sister, both named on will, and my mother, are the only living relatives of my aunt. Any advice would be extremely appreciated. Thank you. [Read more…]

Audit rates decline for 6th year in a row

IRS audit rates declined last year for the sixth year in a row and are at their lowest level since 2002, the agency reported. That’s good news for people who don’t like to be audited (which is everybody)!

Low statistics for audit examinations obscure the reality that you may still have to deal with issues caught by the IRS’s automated computer systems. These could be math errors, typos or missing forms. While not as daunting as a full audit, you need to keep your records handy to address any problems. [Read more…]

How to handle a gap in health care coverage

Health care coverage gaps happen. Whether because of job loss or an extended sabbatical between gigs, you may find yourself without health care for a period. Here are some tax consequences you should know about, as well as tips to fix a coverage gap.

Coverage gap tax issues

You will have to pay a penalty in 2018 if you don’t have health care coverage for three consecutive months or more. Last year the annual penalty was equal to 2.5 percent of your household income, or $695 per adult (and $347.50 per child), whichever was higher. The 2018 amounts will be slightly higher to adjust for inflation. [Read more…]

Update on the Tax Cuts and Jobs Act (TCJA)

The Tax Cuts and Jobs Act (TCJA) was passed by Congress in a hurry late last year, and the IRS and tax preparers have been working to digest some of the more thorny issues created by the tax overhaul. Here are the latest answers to some of the most common questions:

1. Is home equity interest still deductible?

The short answer is: Not unless you’ve used the money to buy, build or substantially improve your home. [Read more…]

Massachusetts denies grandparent visitation request when parent is considered a fit parent

On May 3, 2018, the Massachusetts Appeals Court recently ruled n Martinez v Martinez-Cintron, that Blixt v. Blixt, 437 Mass. 649 (2002), requires a judge to dismiss an inadequate petition for grandparent visitation pursuant to G. L. c. 119,  section 39D. In Martinez, the grandmother petitioned the court for visitation stating that it would be in the child’s best interest rather than alleging why visitation is necessary to protect the child from significant harm.  Her petition did not present facts to rebut the presumption of parental fitness, only that is would be in the child’s best interest to have a relationship with a grandparent.  It is assumed by the court that a fit parent will act in the child’s best interest and dismissed the petition.

How do I get power of attorney and what is the average cost?

ADDITIONAL INFORMATION:

ANSWER BY MARGARET CROSS-BELIVEAU:

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 planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

Can I correct my name in a living trust?

ADDITIONAL INFORMATION:

My mother had a living trust made in 2002. The account who did the living trust had passed away in 2014. My mother passed away in Oct.2017. He put my name as Maria. My name is Marie.

ANSWER BY MARGARET CROSS-BELIVEAU:

The revocable trust because irrevocable upon your mother’s passing.  There is no changing it now. A one letter difference in a name is not a fatal error.  It is called a scrivnor’s error.  The Trustee will have no problem distributing your inheritance to you.

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 planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

Is it Illegal to put yourself only on a Deed to a house when there are 2 other owners?

ADDITIONAL INFORMATION:

I am 1/4 owner of a property in Nh, my mother passed without a will so interstate succession applied and her 1/2 is Split between my brother and I. My aunt is the other 1/2 owner. She changed the name on the Deed to the house to only hers. She may have claimed she was the only living defendant left, even tho that’s not true. Just wondering if that is legal?

ANSWER BY MARGARET CROSS-BELIVEAU:

You would need to see the original deed to determine how your mother owned the property with your aunt.  If you aunt was already on the deed as a joint tenant, then  upon your mother’s death the house automatically passed to her. If she was listed as a tenant in common your mother’s interest would have had to been probated to transfer the title.  You can check with the probate court for the county of your mother’s residence to find if a probate was opened for her.  You should have been notified if it was.  If your aunt lied to the court, then you need to retain an attorney.

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 provide 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.

I may need an attorney willing to sue AT&T?

ADDITIONAL INFORMATION:

My mother left her AT&T stock to me in her will. My sister (executor) is very spiteful now and claiming my stock as hers. Has even sold one of them. How can they assign stock without proof that it in fact belongs to the person claiming to be that person, since she has all my personal information for probate?
I even sent AT&T a copy of the will showing them it was mine legally. No response. I only got a letter stating that as I requested at least one of them has been sold and I did not sell any of it.
Can I sue AT&T for giving away or selling my stock without my consent?

ANSWER BY MARGARET CROSS-BELIVEAU:

The executor has authority to sell probate property. If your sister is not following the terms of the will, then you should hire an attorney to represent you in the probate.

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 provide 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.