May, 2018 | The Beliveau Law Group

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

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?

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.

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

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

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

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

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?

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.

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

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Beliveau Law Group

May 2018