April, 2014 | The Beliveau Law Group - Attorneys at Law

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

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

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

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

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

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

Financial tips for the 20-something generation

The earlier you start, the easier it will be to get ahead financially. Here are some recommendations for those in their early twenties. Pay yourself first. Every time you get paid, put something aside in a savings or investment account. As a general rule, save 10% of your income. Even smaller amounts add up over time. Watch your plastic. Credit cards are an expensive form of debt, and it’s easy to lose control of them. Try

Pay attention to your MAGI to qualify for tax breaks

Take a look at your 2013 tax return after it’s prepared. How close to the edge did you come to losing tax benefits due to tax phase-outs? As you begin your 2014 tax planning, consider the effects of these benefit-limiting provisions, many of which are based on modified adjusted gross income, or MAGI. Knowing how close you are to the “edge” can help you preserve tax breaks for 2014. A caution: Since the definition of MAGI

April is tax filing time

Tuesday, April 15, is the deadline for filing certain returns and taking certain tax-related actions. Here are the major deadlines. Filing 2013 income tax returns for individuals. If you cannot file your return by this deadline, be sure to file an extension request by April 15. The automatic extension (you don’t need to explain to the IRS why you need more time) gives you until October 15, 2014, to file your return. An extension does not,

Geoffrey McCullough

“Employment and contract litigation is a lengthy, involved process that is daunting and sometimes scary. Geoff McCullough was my attorney and my employer’s attorney defending a case against us. He was outstanding. He helped us through the whole process, from beginning through trial. He’s a great listener and advisor. He’s also outstanding in trial. He won the case. ~Lisa Evaneski

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Beliveau Law Group

April 2014