Questions & Answers

Will I have to have an Executor form notarized again if the Notary Public commissioned date has expired?

Expired Notary Public commissioned date. ANSWER BY MARGARET CROSS-BELIVEAU: The notary must be current at the time of the notarization.  If it isn’t, then it is the same as it not being notarized.  Sorry, you’ll have to have it done again. 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 is fact specific, and it is

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Do I have to go through probate to sell my deceased mom’s mobile home ?

I am trying to sell her home and was told by the realtor that I had to go through probate. I am in her will ANSWER BY MARGARET CROSS-BELIVEAU: The realtor is correct. A will doesn’t avoid probate, it just directs where the deceased’s assets are to go after death during the probate process. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should

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Can I get a mortgage if I own property with my two sisters?

My sisters and I own 16 acres in Pennsylvania that was willed to us by our grandfather. I am the majority owner holding 65%. I am currently living in a trailer on the property and pay 100% of the property taxes. The trailer is not in great shape and I am looking to purchase a new double wide. Will I be able to get a mortgage? ANSWER BY MARGARET CROSS-BELIVEAU: That is a question that you

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How do I change beneficiary?

My bank account is a living trust. and my only asset. It is under $70,000. I am the trustee. I have a corresponding will. How do I change beneficiaries? ANSWER BY MARGARET CROSS-BELIVEAU: You can amend your trust to change the beneficiaries of your trust. The trust only controls assets held by the trust. Normally the corresponding will is a pour over will which means that if there are any assets held outside the trust going

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Can I force my adult son to change is last name?

My son hasn’t talked or bothered with me in many years. I have granddaughter 6 years old who doesn’t even know who I am.  He had another baby I never also met.  He has no respect and is not blood anymore. I like to have him change his last name to his wife’s name. I want nothing to do anymore. I’m very sick and don’t even know my son in over 10 more years. ANSWER BY

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How do I stop credit card companies from seeking payment from my wife after I die?

I am older than my wife and I have substantial credit card debt that I don’t want her to be responsible for after I am gone. ANSWER BY MARGARET CROSS-BELIVEAU: Unless your wife agrees to is, she is not responsible for your debts, only your estate is.  So put all of your property in her name and your creditors can’t touch her after your death.  She will need to do her own estate planning so that

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How to ensure family rental stays with the siblings?

My siblings and I were bequeathed a summer cottage in Rhode Island when our father passed away. While we technically own the structure, we rent the property (to use from May to October). As per the campground owner’s stipulation, only one sibling’s name can be on the lease. This makes us nervous, since if that sibling died or divorced, their spouse might feel entitled to a portion of the cottage, not to mention, there is no

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Can one parent legal withhold information regarding assets from the other parent after the death of a child?

I have been divorced from my ex-spouse for over 10 years. Recently, our emancipated child (not married, no children) died in a motor vehicle accident. My understanding is that, in this situation, each parent is entitled to receive 50% of the estate. I’m trying to get my ex-spouse to cooperate in generating an estate inventory. Although there are not a lot of tangible assets (child’s vehicle was totaled in the accident), my ex-spouse has been solely

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In a MA nominee trust, does “a majority of voting interest of the Beneficiaries” equal the beneficiary interest percentage?

Under “Powers of Trustees” in a MA nominee trust agreement is the following: “When, as, if and to the extent specifically directed by a majority of the voting interest of the Beneficiaries, the Trustees shall have the following powers: * to buy, sell, convey, assign, mortgage or otherwise dispose of all or any part of the Trust Estate and as landlord or tenant execute and deliver leases and sublease…” Q: Is “a majority of the voting

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