May 2018

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. 

Read More »

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. 

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

Audit rates decline for 6th year in a row

IRS audit rates declined last year for the sixth year in a row and are at their lowest level since 2002, the agency reported. That’s good news for people who don’t like to be audited (which is everybody)! Low statistics for audit examinations obscure the reality that you may still have to deal with issues caught by the IRS’s automated computer systems. These could be math errors, typos or missing forms. While not as daunting as

Read More »

How to handle a gap in health care coverage

Health care coverage gaps happen. Whether because of job loss or an extended sabbatical between gigs, you may find yourself without health care for a period. Here are some tax consequences you should know about, as well as tips to fix a coverage gap. Coverage gap tax issues You will have to pay a penalty in 2018 if you don’t have health care coverage for three consecutive months or more. Last year the annual penalty was

Read More »

Update on the Tax Cuts and Jobs Act (TCJA)

The Tax Cuts and Jobs Act (TCJA) was passed by Congress in a hurry late last year, and the IRS and tax preparers have been working to digest some of the more thorny issues created by the tax overhaul. Here are the latest answers to some of the most common questions: 1. Is home equity interest still deductible? The short answer is: Not unless you’ve used the money to buy, build or substantially improve your home.

Read More »
Email us now
close slider