Questions & Answers

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.

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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Can we protect my mother’s assets from Medicaid by having a family members live in her house and act as caretaker?

ADDITIONAL INFORMATION:

I heard from a neighbor but can’t confirm that Medicaid’s five year “look back” for assets that can be applied to nursing home expenses is cut back to two years if a family member lives in the house and acts as caretaker. If so, do they have to be living there for two years before the reduced look back takes effect? Or does it take effect right away? Thanks!

ATTORNEY ANSWER BY MARGARET L. CROSS:

There are a few exceptions to the transfer penalties that are applied by Medicaid to applications. One such exception is a caretaker child exception. It extends down only to a child, no further. If that child resides in the home for 2 years prior to the applicant entering the nursing home AND provided care which delayed the entry of the applicant into the nursing home,then Medicaid will not apply the transfer penalty.  In Massachusetts, the current regulations read only that the entry is delayed, not that the care had to be for two years.  The house can only be deeded to the child. You need to consult with an elder law attorney to determine if you can qualify for the caretaker child exception or any other. Planning early is the key to Medicaid.

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…]

How do i sell mothers home,without power of attorney?

ADDITIONAL INFORMATION:

Mother is in nursing home, money is running out soon. I am her daughter, but I don’t have durable power of attorney.What do I need to do,legally to sell her home, so that I can continue to pay her nursing home bill/utilities/property taxes/and medications?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Under Medicaid, her home is a non-countable assets. Instead of trying to sell the house, you should consult with an elder law attorney about applying for Medicaid. In Florida, Medicaid can’t collect against the home after your mother’s death.

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. [Read more…]

Can you charge a fee if you are the administrator or executor in an informal probate?

ADDITIONAL INFORMATION:

What would that fee be?

ATTORNEY ANSWER BY MARGARET L. CROSS:

As Personal Representative, you may charge reasonable fees to the estate. You may charge differently for different tasks. For example, cleaning out the basement would be charged out at a lesser amount than the preparation of the tax return for the estate or the decedent. You will need to keep records on how long you spent on each task. Your fee will be reported to the beneficiaries of the estate in the Accounting. The beneficiaries may object if they feel you overcompensated yourself. Please remember that any fee you take are considered income and should be reported on your own income tax return.

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How do open a checking account if the Insurance Policy checks are made out to the Estate of?

ADDITIONAL INFORMATION:

My Fiancé passed away over a year ago. I was Power of Attorney and 100 percent beneficiary of his Trust. He got too sick to transfer everything under the trust. Now I have a pour over will naming me Personal Representative. Giving me full power with no bond. The banks will not accept the will. They are telling me they need a letter stating I have legal rights to the money. I don’t know what to do.
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MassHealth estate recovery and probate litigation

ADDITIONAL INFORMATION:

How much time does Masshealth have to make such a claim? Is there a time limit? Also, it is my understanding that they can only take whatever the decedent owned at the time of death. I assume then, any insurance proceedings and lawsuits proceedings post death are not available to Masshealth right?

ATTORNEY ANSWER BY MARGARET L. CROSS:

The normal creditor period in Massachusetts is a year from the date of death. However, MassHealth’s claim is one year or 4 months after notice of the probate is sent to MassHealth. Simply speaking, delaying the probate filing will not get out of the claim.
MassHealth only recovers against the probate estate. As long as an insurance policy had a beneficiary named, it will avoid probate. A lawsuit for wrongful death will be initiated by the estate of the decedent and therefore the proceeds will go through probate.
I strongly suggest you hire a probate attorney if there is litigation involved. There are several issues which arise when litigation starts if the probate is not done correctly from the beginning.

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My grandmother would like to change her power of attorney. How can she do so?

ADDITIONAL INFORMATION:

My grandmother currently has a family friend designated as her POA. She would now like me to be her POA. How can we make this change?

ATTORNEY ANSWER BY MARGARET L. CROSS:

All she has to do is execute a new power of attorney and notify the old agent that the old power of attorney was revoked. This is easily done through an attorney. The attorney will need to meet with your grandmother alone to determine her wishes and establish an attorney-client privilege.

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…]

In MA, if Medicaid paid for a deceased hospitalization, do the heirs have to wait until the Estate Recovery fund is paid back?

ADDITIONAL INFORMATION:

In MA, if Medicaid paid for a deceased hospitalization which is now in probate, does the administrator/heirs have to wait until the Estate Recovery fund is paid back before collecting any inheritances?

ATTORNEY ANSWER BY MARGARET L. CROSS:

MassHealth is a creditor of the estate. MassHealth is notified when the probate documents are filed with the probate court and has by statute a right to submit a claim on the estate. Once the claim has been filed with the probate court, the personal representative may file for a deferral or a waiver within 60 days if certain exceptions are met such as surviving spouse, minor children, disabled children, or hardships.

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Do I inherit my estranged spouse’s estate if no other survivors?

ADDITIONAL INFORMATION:

Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law in Mass regarding inheritance of a separated spouse?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Under Massachusetts law, until the divorce decree is issued, you are married for estate planning purposes.  As long as your husband had no surviving parents, you will inherit his property under the laws of intestacy.  You will need to file for an estate administration at the probate court.

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

Pending personal injury settlement needs to be put in special needs trust for disabled senior – what is best way to handle this?

ADDITIONAL INFORMATION:

Elderly mom will be receiving personal injury award. Expected to be $100K – $200K after lawyers & others are paid. Since mom is on Medicare & Medicaid, she’ll need a special needs trust to ensure that she isn’t disqualified from these government programs. Questions:

1) Since Medicare/Medicaid are means-driven programs, the recipient can’t have more than $2000 in assets. Does that mean the max she can withdraw from the trust is $2000? [Read more…]

How do I get a copy of my deceased mother’s will? Does a trust take prejudice over a will ?

ADDITIONAL INFORMATION:

I’m an heir in the will as well as the trust. I’ve never received a copy of the will (from the executors) nor the trust ( from the trustees)

ATTORNEY ANSWER BY MARGARET L. CROSS:

A will and a trust work hand in hand. They do not cancel each other out. A will may establish a testamentary trust or it may fund a trust which your mother created during her lifetime. Have your requested copies from the executors and trustees? I am assuming you have or you would not have posted this question.
The first step you could take is to contact the probate court in which your mother’s will was probated. It will be a public document and you can get a copy by ordering it from the court. If it is a testamentary trust, the terms of the trust will be laid out in the will. If the will funds a stand alone trust, then you may need to hire an attorney to force the trustees to give you a copy of the trust.
The trustees/executors should also be providing you, as beneficiary, with yearly accountings.

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 provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Millbury, Massachusetts, Waltham, Massachusetts; and Salem, New Hampshire.

I co-signed for my son when he bought a home.

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I may possibly need a group of several attorneys?

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If I give a durable power of attorney with full authority can I still give a will to somebody else or do I give up that

ADDITIONAL INFORMATION:

I gave full poa to my friend 5 years ago and gave a will to my sister a few months ago. is that will valid.

ATTORNEY ANSWER BY MARGARET L. CROSS:

A durable power of attorney is a document in which you give another the right to make financial [Read more…]

What actions can be taken?

ADDITIONAL INFORMATION:

Our father died 7 years ago. Left the house to my brother and i. My brother lives in our father’s house and owes me foe half of what it is worth. He promised to pay 3 years ago but nothing has been received.

ATTORNEY ANSWER BY MARGARET L. CROSS:

As a joint owner, both you and your brother have full rights to use and occupy the home. Your issue is not an estate administration issue as it appears the house has already been probated. Your issue is that you wish to have your brother buy you out of the house, correct? If this is correct, and your brother refuses to purchase your half, there is a way to petition the court to force a sell of the house, its call a petition to partition.

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 provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts and Salem, New Hampshire.

I, a beneficiary, have requested a copy of my Uncles’ trust but haven’t got any response.

ADDITIONAL INFORMATION:

My Uncle past away a year and a half ago. I have requested a copy of the trust from his trustee, and the trustee’s attorney several times. [Read more…]

I was served with divorce papers and she has power of attorney on me. How do i get it removed?

ATTORNEY ANSWER BY MARGARET L. CROSS:

To revoke a power of attorney, you will need to sign a revocation document and deliver it to your future ex-wife.  You should also execute a new power of attorney.  Also, you should execute a new Last  Will and Testament because if you die before you are divorced, she will inherit all of your probate property.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

In MA are assets in a revocable trust counted for estate purposes?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Massachusetts has a $1,000,000 threshold (not an exemption) to determine if the decedent owes Massachusetts estate taxes. All assets owned by the decedent, including what is in a revocable trust, are counted. This includes life insurance, jointly owned property, revocable trust assets, as well as many others. Also, if the decedent made taxable gifts during his lifetime, he would have effectively lowered the threshold from the million by the amount of the taxable gift. If you are worried about estate taxes, it is best if you consult with an attorney who is knowledgeable in estate taxes. Many offer free consultations. CPAs may also prepare estate tax returns, but there is no attorney-client privilege that will apply if the return is selected for audit.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

If a caretaker does not get a doctor for an elderly person who is not of sound mind, what is their liability if the person dies?

ADDITIONAL INFORMATION:

The person who is not of sound mind is 71 and will not eat or get out of bed. He only wants alcohol which his wife gives to him.

ATTORNEY ANSWER BY MARGARET L. CROSS:

Elder abuse is a serious offense. Being a caretaker is a hard job, which also carries much responsibility. The Massachusetts Appeals Court in Commonwealth v Cruz 2015 WL 5164397 (Mass. App. Sept. 4, 2015) recently held that [Read more…]

What happens when a senior residing in a nursing home has an appeal denied for medicaid?

 

ADDITIONAL INFORMATION:

Her application was denied. I know an appeal is next but what happens after that? I am POA, but am on disability and the lawyer has used up nearly all of the retainer, and there is no more money to pay anyone.

ATTORNEY ANSWER BY MARGARET L. CROSS:

It would be helpful if you stated the reason that the application was denied. The first step to challenging the denial is to request a fair hearing. The request for a fair hearing must be submitted shortly after the denial in order to preserve the requested start date.

One reason for the denial could be that you did not supply the requested documents within the allotted time frame. This can be easily addressed by supplying the documents during the [Read more…]

Do I need a estate attorney?

ADDITIONAL INFORMATION:

to find out if i joint power of attorney over my dad now that my brother is not avaialble to care for my dad, or is my sister in law

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

A Power of Attorney is not filed with any type of court. You must track it down through your family members or through the attorney which prepared it for your father. If you can’t find a copy or if you weren’t named as a successor attorney in fact, the easiest thing to do is to have your father execute a new Power of Attorney, if he is still competent. If your father is no longer competent, then you will need to start a guardianship and/or conservatorship for him via 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 estate planning attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts; and Salem, New Hampshire.

 

My mother passed away a few days ago. She has a conservator. What things does she handle and what things do I need to attend to?

ADDITIONAL INFORMATION:

I am the Executor of the Estate. I have never had to deal with this issue. Also what has to been done with her guardians now that she has passed away?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

The conservator’s authority over your mother’s assets ended upon your mother’s death. The conservator will still have to file a final accounting with the court.
Your mother may or may not have had assets which need to be probated. Any assets held jointly or had a beneficiary named to be paid after her death (life insurance is a good example) will avoid probate and pass directly to the new owner. Any assets which your mother owned in her own name will need to go through probate.
Depending on the values of the probate assets and where your mother resided when she died, she may or may not qualify for a small estate probate, sometimes called a voluntary, which does not have all the requirements of a full blown probate and is open for a shorter period of time.
In order for you to have access to the probate assets, you will need to present a petition, the last will and testament, and a death certificate to the probate court. I suggest that you speak with a probate attorney to walk you through these requirements. A full blown probate is a long, drawn out cumbersome process with deadlines and filing requirements.

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.

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Does my 94 year old father need a living trust or do I need him to have one ?

ADDITIONAL INFORMATION:

My father is involved in a case in probate over his decreased wife’s estate. It could be worth about 100k. If he passes away would there be a problem in continuing the lawsuit if he doesn’t have a living trust? I have POA and am executor of his estate but wouldn’t there be a period when I couldn’t do anything

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

Only a personal representative/executor can continue a lawsuit after a person’s death.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

What does the Trust Protector do?

ADDITIONAL INFORMATION:

Trustee will not give me the name of the Trust Protector and the purpose of this role. I was told “it doesn’t matter.” Is this something I need to know as a beneficiary?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

A Trust Protector is a person who oversees the trustee’s administration of the trust. A Trust Protector may or may not be appointed when the trust is executed. An appointment of a Trust Protector could be triggered by some sort of event in the future, such as breaking a stalemate between co-trustees. A Trust Protector could have the authority to remove and replace a trustee or reform a trust.
Usually, it is assumed that the beneficiaries of the trust will enforce the trust in respect to their share.

The duties of the Trust Protector should be spelled out in the trust instrument. You should read the trust in order to gain an understanding of a trustee’s duties and a trust protector’s duties. You may also wish to consult an attorney who can translate legalese for 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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

My sister has gotten my mother to give her fiduciary power, even though before her dementia her Will gave it to my cousin.

ADDITIONAL INFORMATION:

How do I prove undo influence? I have an unsigned Will only. My sister refuses to speak, nor share documents or Drs. info. Not even between lawyers. I have proof my sister took $10,000 in 3 months; I doubt my mother needed anything. She put lots of money in her own name; and moved it back when I put pressure on. As my sister is Power of Attorney, how do I stop her from syphoning this money? In 2003, my sister inherited a house from an old lady she befriended over years. She became fiduciary. The family went to court. They lost and my clever sister who works in Boston as a Senior Care manager in a large agency kept the house. What is necessary to go to Probate to petition my cousin be instated as my mother wanted? Can I get advance inheritance if my mother agrees? Ethos determined no abuse.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

A Will cannot appoint a power of attorney. It can only appoint an executor for her probate estate.
In order to remove your sister as power of attorney, you will need to file for guardianship/conservatorship. You will be at a disadvantage. Your sister currently has your mother’s assets available to her to pay your mother’s legal fees to fight the court proceedings. You will have to pay the attorney out of your own pocket. If you are successful, you may be able to be reimbursed for your legal fees. I suggest you hire a probate litigator.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

I have a will but want to provide for my nieces and nephews, do I need to establish separate trusts for each of them?

ADDITIONAL INFORMATION:

All of my nieces and nephews are under the age of 18. I want to be sure that they are the direct beneficiaries. I also want to prevent my drug addicted brother from getting any of the funds.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

You should establish a trust and fund it during your lifetime. Upon your death, the assets will be held or distributed as you have directed in the trust. The trust can break down into separate shares for your nieces and nephews.
You do not want to direct that your nieces and nephews receiving anything directly under your Will if they are under 18 and your brother is a drug addict. Probate is expensive and time consuming. You brother, being a family member will have notice of your death and the ability to read you Will at the Probate Court. If your nieces and nephews are to receive assets under the age of 18, the court will require a guardian be appointed for them, adding to the cost. You brother could apply to be the guardian and then gain access to the funds.
If you establish a trust, after your death, your successor Trustee can instantly being serving as Trustee. Your brother would have no access to the funds and the trust will remain private.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

If there is a family trust, does the land in the trust have to be redeeded when 1 member dies?

ADDITIONAL INFORMATION:

There is a family trust that holds land (it’s only asset) and 1 of the members died leaving his share to his child. Does the land need to be re-deeded to include the child who is an adult?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

The trust owns the real estate. If a Trustee dies, that death is addressed on the deed transferring the real estate out of the trust, whether by a sale to a third party or a distribution to a beneficiary. If a beneficiary of the trust died, the the trust document itself would address what to do with the beneficiary’s share of the inheritance.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

If person holding power of attorney adds name to parent’s bank account and parent goes to nursing home, is person liable to pay?

ADDITIONAL INFORMATION:

Parent is hospitalized in one state and unable to function clearly. Person with power of attorney lives in another state. Person with power of attorney has not set up bill pay with bank because parent previously was able to write checks. Person is considering placing his name (or a sibling’s) name on bank account in order to gain access to pay bills. If parent needs to go to nursing home, will the nursing home go after the funds in the parent’s account AND the person whose name is on the joint account? Parent previously turned over home deed to siblings (12 years ago), so home shouldn’t be considered part of parent’s assets (I think).

ATTORNEY ANSWER BY MARGARET L. CROSS:

For the purposes of Medicaid, a joint bank account will be considered 100% the applicant’s unless the other joint owner can prove that he contributed funds to the account. The applicant would have to spend the money in the joint account. All the funds of the joint account would be available to pay the nursing home privately. If a transfer were made to or for the benefit of the someone other than the parent from the joint account, it would be a gift and a transfer penalty would be imposed by Medicaid.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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If a person has nothing in his name he is to inherit property &business can a lien be put on his inheritance if convicted of personal injury?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

Has the person died yet? If not, my answer would be for the grantor to change his Will and/or trust so that the assets are not transferred to you. The grantor should create a spendthrift trust for your benefit. This means that you have no right to the assets. The Trustee may make distributions to you but would not be required to do so. Those assets could not be touched by your creditors unless the Trustee made a distribution to you.
If the person has already died, has the judgment already been issued? You could avail yourself of a asset protection trust. However, there are rules to funding these trusts and one of them is that you can’t have a judgment against you or have one issued within a certain time period from funding the trusts.
Lastly, what type of business are you inheriting? Is it a limited liability company? Would you be inheriting all of the company? An LLC has a creditor protection component built into it. A creditor could obtain a charging order which requires that any distribution from an LLC be paid to you, but could not pierce through the company to get to the underlying assets nor force a distribution to the owners.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

Is it legal for a friend to will his home to me if there are living family members?

ADDITIONAL INFORMATION:

My close friend has appointed me executor of his will and it includes leaving me his home and all the contents.  He has living family members and I’m concern they will contest even though they are receiving other assets.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

A person’s Last Will is valid as long he had testamentary capacity, is over 18, and the Will has been witnessed. If your friend is of sound mind, he is free to leave his assets to whomever and however he wishes.
That being said, anyone can contest a Will at any time. The family members could claim that you exerted “undue Influence” and used coercion so that your friend was tricked into leaving you an inheritance. For instance, when an aide moves into an elder’s home, takes over his finances, drives him to an attorney’s offices and viola, the aide now inherits everything, there has been undue influence. If you have a close, long-standing friendship with the elder and you were not present during the attorney-client meeting, then that is a different story.

Also, typically states honor what is called a no contest clause. That is a provision in the Will where if one beneficiary challenges a provision in the Will or the validity of the Will and loses, then the beneficiary forfeits all of his inheritance. It can serve as a good deterrent.
Your friends should bring up those issues to his estate planning 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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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

Can we stop a nominated executor from filing probate ? We are seeking in process of uncontested guardianship.

ADDITIONAL INFORMATION:

My sister is POA for my mother and father. Her 4 siblings have filed for guardianship after 2 yrs of obvious receipt from her concerning our folks assets , her obvious drug issues, misuse of both cash& credit and the selling of our parents house and estate without honest disclosure. Father passed 3 days prior to the first hearing in which she perjured herself concerning a lapsed life insurance policy which was discovered by her siblings while making funeral arrangements. She spent 2 yrs borrowing against the policy while telling her siblings premiums were being made. As POA , having hidden all of our parents assets, on the day of funeral planning, she refused to pay for either florist or funeral expenses. Yesterday, she hired an attorney to negotiate the discovery ordered April 2, 2014.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

Your father’s Will needs to be probated only if there are probate assets. It is unclear whether your mother is still alive. Were all the assets owned jointly with your mother, have a beneficiary designation on them, or in a trust? If so, those assets avoided probate.
To probate the assets, the Will must be submitted to the probate court. The heirs of your father will be notified. If it is your sister who is the nominated the executor, you can ask her to decline to serve as executor. If she petitions to be appointed executor, you have the right to object.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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The probate attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts; Quincy, Massachusetts; Manchester, New Hampshire and Salem, New Hampshire.

Sue my brother for back taxes

ADDITIONAL INFORMATION:

House was bought by mom/dad/son in 1993 as joint tenants. dad past away 2002 and son/mom now are joint tenants. Paul quit claimed a deed to add his wife in 2003 without conscent of mom as he did use a lawyer and mom was told he did not need conscent of mom. 2011 mom did the same quit claimed a deed using a lawyer to add her daughter and me and mom with a life estate. city hall pulls up the latest deeds and my moms was the latest and instead of saying also conveyed by son and his wife it says by deed and page number so on the tax bill it does not show his name so he’s refusing to pay half the taxes on the property. Since I’m paying his share of taxes and have receipts can I sue him or should I wait and once house is sold I will get it back?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

When the real estate tax bills are spit out, the city takes the name of the person on the last deed whether or not he owns all the property, a life estate, or one-half. It doesn’t have the capability to do title run downs to determine who owns what if the interests are on more than one deed. Ask the clerk at the town hall to write a letter to your brother.
A letter from an attorney notifying your brother that he is still one-half owner and should pay his share would be helpful.
The problem you have is that joint owners are jointly and severally liable. That means that each owner is responsible for paying all of the bill and creditors can go after either or both owners.
Your mother could play hard ball with your brother. She could write him out of her Will. She could also threaten that she will only pay half of the real estate taxes and let the city go after your brother as a creditor. Not paying your bill comes with a different set of problems, but might be enough to get his attention and let him know that she is serious and the threat might be enough.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Which prevails, bank registration or trust document?

ADDITIONAL INFORMATION:

If a bank has an INVESTMENT ACCOUNT titled “Transfer on death” to one beneficiary and a Living Trust document (unfunded) lists the INVESTMENT ACCOUNT as trust property to another beneficiary, which document prevails?
The Grantor is deceased.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

A trust must be funded in order for it to do any good. A trust may be funded either during a person’s life, which is the least costly way, or via probate if directed by the Last Will and Testament to fund the trust. In your case, the asset was not transferred during the grantor’s life. His Will will not govern because any account with a transfer on death avoids probate. The investment account will go to the beneficiary listed on the account.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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

How do I word a legal guarantee that my sister’s children will be given our mother’s rings when our other sister dies?

ADDITIONAL INFORMATION:

There is a very tense relationship between sisters at this point there is only a verbal promise

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

The inheritance of the rings will governed by your sister’s Last Will and Testament. If she wants her nieces to inherit her rings, it should be written into her 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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

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

I Am In Trust With Myself And Wife And A Church I Understand We Can Break The Trust If Both Party Agree What Type Of Attorney Do I Need

ADDITIONAL INFORMATION:

The Trust Has 375.00 In It What Would Be A Fair Asking Price I Am 70 and My Wife Is 64?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Most trusts have a small share article which allows the Trustee to make a final distribution to the beneficiary of a trust if the cost of administration of the trust is disproportionate to the value of the trust. With only $375, it certainly qualifies. Is it even worth consulting an attorney? The cost of the attorney’s time could exceed the value of what is in the trust.

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. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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