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 […]
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 […]
Long-Term Care Planning and Asset Protection: Safeguarding Your Future
As experienced estate planning lawyers, we understand the importance of safeguarding your assets and ensuring your future well-being. In this article, we will provide you with valuable insights into the complexities of long-term care planning and how it can be an integral part of your overall estate plan. The Rising Importance of Long-Term Care Planning […]
How to protect assets of a parent with dementia from being taken by a care giver?
ADDITIONAL INFORMATION: My father has been diagnosed with advanced dementia. He started seeing someone he met online. She has restricted access to him from his friends and family and controls his finances. She has moved him and changed his phone number. We don’t want to go to court to declare him incompetent as he’d never […]
Does a person who takes care of a person before the person dies have rights to the deceased person’s house?
ADDITIONAL INFORMATION: My friends grandma passed away and him and his sister were taking care of her before she passed away. The uncle is the other person who was on the mortgage. The uncle is threatening to evict my friend. Does my friend have any rights to the house? He never signed any lease or […]
My dad left everything in his estate to me, but there is a trustee comment involving my uncle. Would I need him to sign off?
ADDITIONAL INFORMATION: In the Will it specifically states “In the even that the beneficiary (myself) has not reached the age of thirty (I am 33), then in such even I give, devise and bequeath the shares of my beneficiary to my trustee (my uncle)” Summed up the rest of that section says if im under […]
Can adult stepchildren contest a will?
ADDITIONAL INFORMATION: My father passed away in 2020. My stepmother became ill in 2021. She reportedly completed a will stating that “she leaves all her earthly possession to her biological son.” There are 4 other adult non-biological children that were not named in the will. My father was the primary person that made the house […]
In Massachusetts, does my wife have to sign her consent on IRA beneficiary form to have my daughter as sole beneficiary of IRA?
ADDITIONAL INFORMATION: I want my daughter to be sole beneficiary of my IRA. I live in Massachusetts. ANSWER BY MARGARET CROSS-BELIVEAU: Massachusetts does not require spousal consent to change the beneficiary of an IRA. It is required for a 401(k). However, the custodian of the IRA may want the spouse to consent. Follow us on […]
When someone is appointed personal representative to probable an estate can they be held personally liable for any debts?
ADDITIONAL INFORMATION: When someone is appointed personal representative to probable an estate can they be held personally liable for any debts or anything that may be done incorrectly regarding the probate process? ANSWER BY MARGARET CROSS-BELIVEAU: If the PR pays the debts without clearing the creditor period, then yes, the PR can be personally liable […]
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 […]
