Beliveau Attorney's Blog | Waltham Attorneys| Salem, NH Lawyers

Can my husband create a valid will and trust after I filed for divorce?

I filed for divorce and then my husband’s brother took him to create a will in trust, giving the brother rights to everything. Then my husband passed away. Divorce never went through. Can they do that? What are my rights? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, he had the right to leave property to whomever he wanted after death. However, as you were married at the time of his death, you still have statutory rights to his

What is the legal sentence or paragraph to add to a will about asset transfer?

I want to say my spouse can inherit an asset from my parents if I am already dead, but if she re-marries the asset has to go to my kids, not the new husband or their kids? What legal terminology can be used for that? To say it another way, my wife and I have kids. When my dad dies there will be an asset willed to me. If I am already dead my wife can

When someone does not want to be an executor of a will can they appoint someone else in their place

When someone does not want to be an executor of a will can they appoint someone else in their place ANSWER BY MARGARET CROSS-BELIVEAU: If you don’t want to serve as executor, you can decline to sign. The will should have an alternate Person Representative listed. If there is no alternate, the state has a statute which spells out who in the family has priority to serve as PR. Follow us on Facebook Follow us on

Can I dispose of my sister and brother in laws property that has been left on my land for 2 years?

It is complicated because my sister’s name is on the deed to the property as well as mine. She is not a resident here and I own 2/3 of the property, inherited from our Grandparents. She is a HOARDER and the amount of stuff she has packed onto the property is affecting my way of life here. I have asked her several times to remove the hoard of her and her boyfriends stuff from the property

Does a nursing home take a military pension and social security check?

Spouse receives military pension and social security retirement. He is physically disabled with dementia ANSWER BY MARGARET CROSS-BELIVEAU: I believe your question is: After Dad goes into a nursing home, will Mom have enough money to live? As your dad was a veteran, you should look into getting into a VA nursing home. It is my understanding that there is a long wait list but is free. If you dad goes into a regular nursing and

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

Trying to find out if father left a will or had life insurance, but can’t get into his residence and don’t have passwords?

My father (who is divorced from my mother) lived in a different house with his girlfriend for a long time, but never legally wed. The girlfriend’s family gave me some electronic equipment (iphone/laptop) but don’t have the passwords to access it. The girlfriend’s family does not want us to review any “paperwork”, because my father and his girlfriend had joint investment accounts. My sister who once stayed in that house for family visits & is first

Can I sell the home now that my grandmother passed, even though there is someone living there that took care of her?

I’m not interested in keeping the home. I have become the homeowner now that she had passed. ANSWER BY MARGARET CROSS-BELIVEAU: As long as you have title, you may sell the property. However, if the caretaker refuses to leave, you will be forced to evict the caretaker. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation

New Hampshire’s common-law marriage exception

New Hampshire does not recognize common-law marriage. However, there is a unique exception allowed in probate. Recently, Attorney David M. Beliveau petitioned the New Hampshire court for a hearing for just such an allowance. Congratulations David for the court’s approval. Click to read the Order on Motion for Determination of Common-law Marriage. Common-law Marriage Order Allowed

What do I do if my husband was expecting an inheritance from his mother and then he passed away?

My husband was expecting that an inheritance from his mother that passed away the previous year, but now my husband has passed away. So what happens with that inheritance? Does it go to me? Does it go to my daughter? How does that work? ANSWER BY MARGARET CROSS-BELIVEAU: Ahh, the dreaded probate with a probate. Your mother-in-law’s will might have a survivorship clause whereby the beneficiaries must survive her by a certain amount of time. Typically,

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