Questions & Answers

My grandma had said there was 1,000$ for the 7 of us. But my aunt is keeping it all. What do i do?

ADDITIONAL INFORMATION:

My aunt is keeping all my grandma’s stuff and her 7,000$ life insurance from the rest of the family. My grandma said we each get 1,000$ from her. But my aunt is lying and keeping everything. What can I do?

ANSWER BY MARGARET CROSS-BELIVEAU:

Life insurance is payable to the beneficiary listed on the policy. If you were listed as a beneficiary, the life insurance company would mail you a check. It is possible that your grandmother listed your aunt as the beneficiary and your aunt promised to share the proceeds. You would have to prove that is the case by filing an action in the probate court. It would cost the family more than $7,000 to litigate the issue. It doesn’t seem that your grandmother had any probate assets, so there wasn’t a probate opened for her estate. You can open a probate to try to make a claim on the tangible personal property, but if your grandmother didn’t have a will that would go to her children. You should speak to an attorney to determine if that is the right course of action for you.

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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.

Filed Under: Questions & Answers

What is the least expensive way to open an estate in Florida, to purchase property froma New Mexico estate? Property in Lee Cty

ADDITIONAL INFORMATION:

I am under contract to purchase real estate which is located in Lee County, Florida. The seller of said real estate is an estate of a man who passed away in the State of New Mexico. The estate was apparently ‘probated’ in New Mexico. So, the title company is telling me that I need to hire a lawyer and open a Florida Estate. There are two Co-Personal Representatives of the New Mexico Estate. They both will cooperate with opening a Florida Estate if necessary and getting the deal done. The purchase price of the subject real estate is only $1000.00. So, my questions are; What is the cheapest way to take clear title to this property? Is there an alternative route to formally opening a new estate in Lee County, Florida where the property is located?

ANSWER BY MARGARET CROSS-BELIVEAU:

I hope that they cooperate as it is their responsibility to probate the assets. The title company is correct that an ancillary probate must be opened in Florida. The New Mexico probate only covered assets under the jurisdiction of New Mexico. They don’t have the authority to sell unless it is opened.

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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.

Filed Under: Questions & Answers

Can I sue someone that borrowed 90.00?

ADDITIONAL INFORMATION:

A friend asked to borrow $100.00. I send him 90.00 on western union plus pay a fee of 12.50…Now this person does not want to pay me..Can I sue him for the $90.00 plus I want to add. PAIN AND SUFFERING….So now I want to sue him for $5000.00. Can I take him to court for this. I am a disabled person and feel he took advantage of me

ANSWER BY MARGARET CROSS-BELIVEAU:

You can sue anyone for anything, but winning is a whole different matter. In order to sue this friend, first you have to pay a filing fee at the small claims court, which is around $100. Then you have to pay someone to serve papers on the defendant, which is around $35. (Now, you are out of pocket over the $100 you gave the friend.) Next, you will a judgment of $100 but that is all it is. You will now have to collect, which costs more money. No judge is going to give you pain and suffering. You may have been annoyed, agitated, and disappointed, but you did not endure pain and suffering. Write off the loss and walk away.

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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.

Filed Under: Questions & Answers

How can I obtain power of attorney over my sister that is unable to sign?

ADDITIONAL INFORMATION:

My sister is in a nursing home at the age of 41 she has liver damage and has dementia and she can not make decisions on her own anymore and can not take care of herself. I have been helping her and making decisions for her but need power of attorney to make every decision and to be able to help her more [Read more…]

Filed Under: Questions & Answers

What should I do about a verbal agreement and one witness?

ADDITIONAL INFORMATION:

My mother passed away. Before she passed, she had a talk with my step-dad and her kids separately. She stated to me and my brother that she and my step-dad had talked about what she wanted to do with her money. She was leaving her s.s., pension and 401k to her kids. She also stated that my step-dad agreed to giving us everything and that he stated to her didn’t want any of the [Read more…]

Filed Under: Questions & Answers

Can the executor of someone’s estate help them change their will?

ADDITIONAL INFORMATION:

It is my uncles will. My mother is his sister. Initially my uncle put me and my 2 sisters on his will to inherit everything. Recently he has become very ill and we found out we were removed and now everything will go to my mother. We have suspicion that she did this without asking him. So is it possible for her to do that? Someone who is in charge of the will to be able to go in and change it so she will inherent everything. I mean she isn’t “in charge” of his will but she does everything for him. So it would be easy enough for her to change the will and have him sign it without him knowing she changed it. [Read more…]

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My Aunt died she lived alone, had no life insurance and no will–she has an x husband and step children who acts as executor?

ADDITIONAL INFORMATION:

I am the nephew, and live closest to where my aunt lived, but was told that the step children will have to decide her estate–The hospital and her landlord call my house what should I do if her step children and ex husband do not respond? [Read more…]

Filed Under: Questions & Answers

My ex is refusing to give me ss# so I can put my boys in my will?

ADDITIONAL INFORMATION:

I now have a living will and have requested at least 5 times to my ex wife’s attorney my boys ss# I am not allowed to talk to my ex and still have not gotten them what can I do? [Read more…]

Filed Under: Questions & Answers

Can a term life insurance policy be active if payment on premiums stopped 4 years ago?

ADDITIONAL INFORMATION:

My ex-husband passed away and our kids are the beneficiaries of his term life insurance. When I called to file the claim I was told that his policy was active. I was sent the paperwork and all of a sudden several months later, the company says that “after further investigation” they’ve found out that payments stopped several years ago. And there is a small cash value to the policy which is what kept it active. It was a 30-year term policy. I don’t have a copy of the policy.

Is it possible for the policy to be active if it lapsed so long ago? I don’t have access to my ex-husband’s bank records.
What can I do to verify that what the insurance company are saying is true? We have young kids and this money will help me raise them. [Read more…]

Filed Under: Questions & Answers

For Massachusetts, NOT FEDERAL, Estate Tax: Does a gift of 100,000 need to be added back into my dad’s estate to calculate tax?

ADDITIONAL INFORMATION:

Dad’s estate is 1,400,000 and he died single. A year before his death he gave me $100,000. Do I use 1,400,000 or add the $100,000 for $1,500,000 when completing the MASSACHUSETTS ESTATE TAX RETURN? I am worried about some three year rule I read about> That is, the gift to me of 100,000 occurred within 3 years of his death [Read more…]

Filed Under: Questions & Answers

How do I remove myself as Trustee from my mother’s trust?

ADDITIONAL INFORMATION:

I don’t want the responsibility that my mother has written in trust. The trust give me power to evict my brother from her home if he doesn’t do repairs. [Read more…]

Filed Under: Questions & Answers

Can property in trust, made irrevocable after death of trustor, be refinanced?

ADDITIONAL INFORMATION:

Mom put her home in living trust that became irrevocable after she died. Title changed to reflect successor trustees, but still in name of Trust. Can we refinance? [Read more…]

Filed Under: Questions & Answers

My name is on the deed not on the title. Do I own the house?

ADDITIONAL INFORMATION:

My grandmother bought a house and put it in my name. However, the title is in her name. She is now deceased. Trying to figure out if the house is mine or if it passes on to her (adult) children if no will.

ANSWER BY MARGARET CROSS-BELIVEAU:

The term title is synonymous with the deed. Do you have an unrecorded deed so that the last one is not on record at the Registry of Deeds? If your grandmother signed the deed putting your name on it but did not record the deed or deliver it to you to record, then you have a problem. In order to legally transfer title, your grandmother would have had to done more than sign a deed and put it in a drawer. If you have an unrecorded deed, see an attorney to determine if you can file it at the Registry. If not, the house will go through probate and with no will in place, the state statute on intestacy will determine who inherits the property.

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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.

Filed Under: Questions & Answers

Can a durable poa take a payable on death account that was there for me 6 hours before moms death and against my moms will take that account?

ADDITIONAL INFORMATION:

My sister had durable poa 6 hours before my moms death. She went to bank withdrew the pod account that my mom wanted me to have. I have original pod account paperwork that I was sole beneficiary and have in writing that in case she died I could go to bank with death certificate and get that account!! [Read more…]

Filed Under: Questions & Answers

How do I show my former rental property is now my primary residence to reduce taxes at time of sale.

ADDITIONAL INFORMATION:

I understand, if I convert a rental property into a primary residence for two years, I can save a lot on taxes at time of sale. What evidence does IRS require to substantiate this property has been converted to primary residence for a two year period? [Read more…]

Filed Under: Questions & Answers

Do I have the right to see my mother’s bank statements to reconcile them and make sure there have been no errors or fraud?

ADDITIONAL INFORMATION:

Hi, I have a simple question. Maybe someone can help?…. My 93 year old mother has dementia but is still cognizant part of the time. She has 24 hour care at home. My brother and sister have joint POA. There are seven siblings in our family. Another sister with a drinking problem has been doing the bills and paying the care givers. It was brought to my attention by one honest care giver that she had been mistakenly paid four times for the same week. The care giver was honest enough not to cash the checks. My brother and sister that are the POA’s are very secretive with the money. I want to do an audit of my mother’s check book for the last few years and have asked to see the bank statements. They have hidden the statements. My question is do I have the right to see my mother’s statements to reconcile her checkbook and make sure there have been no errors or fraud? If I do have this right how do I go about getting the bank statements from the POA’S? Thank you for your help, [Read more…]

Filed Under: Questions & Answers

Can I take the RMDs for an inherited IRA and my regular IRA, both from only the inherited IRA?

ADDITIONAL INFORMATION:

I have two IRAs, a regular one that I funded and an inherited one. An RMD is required for each. Can I take both RMDs from the inherited IRA until it is depleted?

ANSWER BY MARGARET CROSS-BELIVEAU:

No, you can’t take it all from one IRA. You can lump the traditional IRAs into one column and the inherited IRA in another. With the traditional IRAs, you may make the withdrawal from one of them if you have several. If you have inherited more than one IRA from the same person, you may make one withdrawal from those inherited IRAs.

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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 provide legal services for taxation. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

Filed Under: Questions & Answers

My sister is on Medicaid and she will be getting a small inheritance what she be allowed to keep this money being that she’s on?

ADDITIONAL INFORMATION:

My sister is kind of disabled and on Medicaid & Medicare. She’s getting an inheritance. Will she be able to keep the money? thank you for your help

ANSWER BY MARGARET CROSS-BELIVEAU:

As she is on Medicare, I am assuming that she is over 65. Different rules apply for different ages. Medicaid is an asset based program. If she receives an inheritance, she will no longer be eligible for Medicaid if she keeps it. Her options will be to establish a d(4)(a) trust, which is a self-settled special needs trust with a family member as Trustee, or set up an account with a pooled trust, which is also a special needs trust but run by a charity. In both scenarios, any money remaining at your sister’s death will be paid over to the state to reimburse it for its expenses paid on your sister’s behalf. She can’t make any other gifts without incurring a transfer penalty.

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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 elder law 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.

Filed Under: Questions & Answers

Does my brother have a right to sell my mother’s house?

ADDITIONAL INFORMATION:

My mother is in a nursing home. Before that I was her caregiver. I am still her power of attorney. I still live in my childhood home and have started a family of my own. My brother just got out of prison and wants the house. He only lived in the house for one year and never paid even one bill. I used my retirement from a previous job to pay off the house and I’ve paid every bill for almost 10 years. My mother has 4 children in total and everyone else has started a family and lives elsewhere. Does my brother have any rights? Can he force my family out of the house? Can he even try to sell without permission from me and the rest of my siblings? [Read more…]

Filed Under: Questions & Answers

Can my landlord not renew my month to month lease because of one noise complaint ?

ADDITIONAL INFORMATION:

I received a noise complaint while I was out of town, my sister was watching my dogs and received a couple complaints in one night. The next day I had a notice on my door saying they weren’t going to renew my lease. I’ve never had any problems or complaints about me. I called my landlord and she said it was due to the noise complaints and doesn’t want to talk about it. Is she allowed to do this?

ANSWER BY MARGARET CROSS-BELIVEAU:

A month to month lease can be cancelled by either the landlord or tenant for any reason, excluding discrimination or retaliation, by written notice.

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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.

Filed Under: Questions & Answers

Mom passed away ?

ADDITIONAL INFORMATION:

Before my mom passed away she put the deed in my sisters name and told my sister split the house with me my sister took everything what can I do [Read more…]

Filed Under: Questions & Answers

Do any of you advise against using online template forms to create your own Will, Power of Attorney and Health Care Directive?

ADDITIONAL INFORMATION:

Some of my colleagues have used these forms to create their own Will and Power of Attorney–not sure about Health Care Directive. As long as they are notarized, I assume these documents are considered as legal as those created by an Attorney–or am I mistaken? Are there cautionary tales you wish to share? Is there an online resource for these forms that you recommend? What range of costs should I expect if I complete these forms and have an Attorney review them and advise me of any issues?

ANSWER BY MARGARET CROSS-BELIVEAU:

Online forms are not tailored to individual situations. It is a gamble for you to rely on them. It is very important that the Last Will and Testament is drafted and executed properly. Too many times I have seen wills that don’t do what the testator wanted because of ambiguous language or weren’t executed properly so the will wasn’t in effect. It ends up costing more in the long run because of the discrepancies which must be fixed on the back end.
[Read more…]

Filed Under: Questions & Answers

Can a LLC be the trustee of a nominee trust?

ADDITIONAL INFORMATION:

Looking to set up a nominee trust can a llc be the trustee? [Read more…]

Filed Under: Questions & Answers

Does an executor need to disclose how money is being spent?

ADDITIONAL INFORMATION:

My mother had a stroke, but is very cognitive and alert , she is in rehab. My brother has taken over as executor to pay bills. As one of 8 siblings I have asked several times how the bills are being paid. I have asked for detail info since I knew exactly what was in her accounts. I have been told that I do not need to know, or how the money is being spent. Is this correct? Don’t we have the right to know how bills are being paid , what is in the accounts. I was having my mother sign her own checks which is capable of doing and now I have no idea if that is even happening since he asked for the checkbook. My are my rights as one of 8 children. [Read more…]

Filed Under: Questions & Answers

What if any is a recourse to trustee for giving items to named disinherited in the trust?

ADDITIONAL INFORMATION:

The trustee bent over backwards to get personal property for 4 disinherited people named in the trust… they were not to receive anything but $1. Each. She disregarded beneficiaries and made sure these people got everything they asked for. Trustee wouldn’t listen to anyone and did what she wanted. [Read more…]

Filed Under: Questions & Answers

How do I remove my mother’s name from the title to my (our) home?

ADDITIONAL INFORMATION:

My mother is 97 years old with dementia such that she needs 24 hour care. She is destitute and on Medicaid and is represented by an elder law lawyer who is her court appointed guardian. I am considering the possibility of selling our townhouse and moving to be near one of my children. I am not in a good financial place myself, another reason to move to somewhere less expensive with one of my children to keep an eye on me should it be necessary. I am 73 and without employment and with only my husband’s and my social security which do not come to enough to live on. [Read more…]

Filed Under: Questions & Answers

Is a will drawn up in Florida valid in NH?

ADDITIONAL INFORMATION:

My parents had a will done when they lived in Florida. They have since moved back to NH so we can help them. Should we have the will redone? [Read more…]

Filed Under: Questions & Answers

Executor of a Trust refuses to provide both cash and deed I have been given. What do i do?

ADDITIONAL INFORMATION:

The executor/daughter to the deceased does not want to give the cash and deed I was left in the Trust. What are my options or rights in this situation?

ANSWER BY MARGARET CROSS-BELIVEAU:

You as a beneficiary of a trust have the right to know about your inheritance, unless the trust is what is called a blind trust. You should consult with a trust attorney to determine what your rights are. Often a letter from an attorney is enough to move a Trustee along.

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.

Filed Under: Questions & Answers

Do I have to divide any money or estate left to me if not instructed to?

ADDITIONAL INFORMATION:

I have just lost my grandmother. She left me her 401k, life insurance, and I’m pretty sure her estate

ANSWER BY MARGARET CROSS-BELIVEAU:

As a beneficiary of the 401(k) and life insurance, you will inherit these assets outside of probate. Her estate will be governed by her will. If she named you as the sole beneficiary, then only you will inherit. Legally, you are not required to share a bequest that a testator made to you. However, the fact you are asking this question leads me to believe that others in the family believed that they would inherit from your grandmother, as well. If your grandmother made statements to them that they were included in her estate plan, be ready for a fight, especially if she had a large net worth. Some family members may claim that you exerted undue influence over your grandmother so that she changed her beneficiaries to be just 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 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.

Filed Under: Questions & Answers

Can children stop parent from placing headstone on deceased parent grave?

ADDITIONAL INFORMATION:

My mother passed away 3 months ago. I have two siblings….our dad had a new(old) girlfriend less than 2 weeks after we buried our mother. He is taking this new girlfriend to look at headstones and we do not agree with the choice. Can we stop him from placing headstone? Or at least make it where we all have to decide what goes on headstone?

ANSWER BY MARGARET CROSS-BELIVEAU:

Assuming the burial plots are owned by your father, legally you have no right to block his choice of headstone.

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.

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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.

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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…]

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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…]

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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.

Filed Under: Questions & Answers

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.

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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.

Filed Under: Questions & Answers

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.

Filed Under: Questions & Answers

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.

Filed Under: Questions & Answers

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.

Filed Under: Questions & Answers

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…]

Filed Under: Questions & Answers

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.

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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.

Filed Under: Questions & Answers

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.

Filed Under: Questions & Answers

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.

Filed Under: Questions & Answers