real estate

The Consequences of Dying Intestate as a Single Real Estate Owner: A Comparative Look at Massachusetts, New Hampshire, and Florida

The Perils of Dying Intestate Every person’s ultimate goal in estate planning should be to maintain control over his or her property and have his or her final wishes honored. However, when an individual dies without a will, this control is forfeited, often leading to consequences that may be far from what the decedent would have desired. This predicament is amplified for those who are single and own real estate individually, especially in states like Massachusetts,

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Navigating the Tax Implications of Selling Real Estate Subject to Probate

Estate planning attorneys play a vital role in helping clients protect their assets and ensure a smooth transition of wealth to their loved ones upon passing. In the states of Massachusetts, New Hampshire, and Florida, where we practice, the tax implications of selling real estate subject to probate can be a complex and crucial aspect of estate planning. In this article, we will discuss the tax considerations involved when selling real estate as part of the

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Would putting my husband’s name on the deed, save us form probate when his mother has to be put in nursing home or passes away?

ADDITIONAL INFORMATION: Trying to find the right and cheapest way to but my husband on his mom’s house. I don’t know if we should make a trust for the house or change the deed. I really don’t know what way to go. Mom has dementia and bipolar. She want to has us get the house without probate. ANSWER BY MARGARET CROSS-BELIVEAU: Having dementia doesn’t mean that one is incompetent.  However, if your husband is not an

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How can I get my son’s name off my deed?

ADDITIONAL INFORMATION: I put my son’s name on my deed so he would have no problem in case I died.  I am trying to get a reverse mortgage and cannot obtain it with him on my deed and he will not take himself off. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: Unfortunately, once you gift your assets away, you can’t force the recipient to return it.   If you take a reverse mortgage, the amount due

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Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?

ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question

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What are my rights as an owner of a remainder interest?

ADDITIONAL INFORMATION: My dad gifted me his house but reserving a life estate.  Can he rent the house or call the police on me to leave the home? ANSWER BY MARGARET CROSS-BELIVEAU: Yes. Life tenant has reserved the right to live there and the proceeds of income of the property until his death. Unless his actions are negatively effecting the value of the real estate, you don’t have authority over the property. Follow us on Facebook

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Can an estranged wife who disappeared more than 30 years ago challenge a will in relation to real property in Florida?

ADDITIONAL INFORMATION: I am helping an elderly disabled friend who fears his wife who disappeared more than 30 years ago may reappear after he dies and cause problems. He wants to will his home to a friend. To his knowledge, she knows nothing of the property where he had lived since shortly after she left. ANSWER BY DAVID M. BELIVEAU: If his wife is living, she will have spousal rights to his probate estate.  Also, under

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How to get a deed transferred from a deceased spouse? and is it expensive? my mother is a disabled senior on a tight budget

My parents home was only in my father’s name. He passed away 7 years ago, leaving his estate to my mother, per his will. She continued to make the monthly mortgage payments and nobody every mentioned anything to her. Now, her mortgage has been transferred to a new loan company they’re saying she needs to get the deed put into her name. She’s struggling with money at this time and the people she keeps trying to

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What’s in a Title? What Massachusetts Homebuyers Need to Know About Deeds, Titles, and Searching for Both.

Know Before You Buy When buying a home, especially if this is your first time, you may feel overwhelmed by all the new terms entering your vocabulary, terms which seem interchangeable to you but may have very different legal meanings. This is perfectly normal. In this article, we will set out for you the difference between a title and a deed in residential real estate sales. Additionally, we will cover the process of searching for and

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The Massachusetts Homestead Exemption: How It Works and How It Can Work for You

Protecting Your Home As the saying goes, your home is your castle. It is also the largest asset that many will ever own. In recognition of this, the Massachusetts Homestead Protection Law, passed in 2011, updated existing parts of the Massachusetts General Code to expand and clarify the protections that homeowners in the Commonwealth have to preserve their home’s equity form certain creditors. What Is the Homestead Exemption? The Homestead Exemption, as detailed in the 2011

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