June, 2018 | The Beliveau Law Group - Attorneys at Law

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

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

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.

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

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

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

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

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?

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

Tips when evaluating cyber-insurance policies

Cyber-insurance policies cover business liability for a data breach in which customer information (such as social security or credit data) is exposed or stolen by a hacker. Such policies may also cover data breaches due to employee error or malfeasance. Depending on the policy, this insurance can cover a range of expenses associated with data breaches, including notification costs, credit monitoring, costs to defend legal claims, fines and penalties, and other applicable losses.

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Beliveau Law Group

June 2018