Questions & Answers

Do I pay tax for child support?

ADDITIONAL INFORMATION: I will pay few hundreds of dollars to my husband for the child support. Do I pay tax for it? Does my husband pay tax for it? Thanks! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Child support is neither deductible by the payor nor is  it income to the recipient. Alimony is deductible by the payor and income to the recipient. Legal Disclaimer: Please note that this answer does not constitute legal advice, and should

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How can I take care of my unmarried brother’s financial obligations now that he is in a coma and has no Power of Attorney?

ADDITIONAL INFORMATION: My brother is in a coma and will likely not recover to the point of being able to work or care for himself. I need to take care of his bills, loan accounts and bank account and start the process of obtaining disability benefits and Medicare for him. He has no Power of Attorney, spouse or children. Upon discharge from the hospital, he will be moved to a Long Term Acute Care Hospital. How

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How do I get my dads name off of my mother’s estate?

ADDITIONAL INFORMATION: My mom is gonna pass away soon and my dads name is still on the title, he hasn’t been around in 20 years. He didn’t have much to do with the payoff at all. I don’t know where he is to ask him to sign the paperwork for my mother ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: I am sorry for your loss. If your parents had divorced, the property division should have been addressed

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Can we take action to immediately change locks and take possession of property and all remaining content?

ADDITIONAL INFORMATION: My sister and her husband moved into the family home place after our parents passed… About 3 months ago my sister passed, her husband eventually moved back into his original home , but left lots of his “junk” behind…saying at some point he may return and clean it up. he has the only keys to the property. what legal rights do we have as far as,Immediately having all locks changed and demanding he remove

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If I find out 25 years later I have a daughter?

ADDITIONAL INFORMATION: I was just contacted by a old girlfriend that her 25years old daughter is mine. I will be willing to take a dna, but I have all kinds of worries, I’m married and have other children, if she is my daughter what it the law states I have to give to her. Can actually take a legal matter for depriving me with my parental rights.  what can they possible want after 25 years.? ATTORNEY

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What constitutes elder abuse?

ADDITIONAL INFORMATION: Our mother is 89 years old and relatively good health. My dad passed away 2/2016 and my older sister moved home due to losing her job. She now takes care of my mom although my mom is in assisted living. She has said to my mom “spend all your money” My dad left her with 3 million dollars that he worked extremely hard for. My mom is spending the money like crazy. Trips ,

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Can I evict a renter from my sisters house if I have a simple real estate contract with sister but mortgage is in her name?

ADDITIONAL INFORMATION: My sister has agreed to sell her house to me and had a friend residing in the house with her daughter. I agreed to my sister she could stay as a renter for $600 a month. She has failed to make a complete payment and has only paid $425 in the past three months. In the beginning of October I had my sister sign, as did I, a Simple Real Estate Contract. The agreement

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I am heir to a portion of my grandpas estate and home with sister, brother, aunt, uncle. Can’t sell because brother has liens.

ADDITIONAL INFORMATION: Grandpa had 3 kids and my dad passed away before grandpa and me , my sister and brother own my dad’s portion of home. My uncle lied to us about not being able sell the home due to my brother tax lien and we waited for 2 years and now he said the title search came back with my brother now has 30k lien on property and we cant close. We want to know

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I have two sisters and we all got 1/3 of money that comes in each year! My sister died so where will her share go?

ADDITIONAL INFORMATION: It was not stipulated in will if any of us die before the 5 years are up! It also doesn’t say pay to next of kin in the will it only states the money is divided 1/3 each! What do we do because my brother in law is asking for the money! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You need to consult with a probate attorney to review the will and its testamentary trust. 

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If a living trust and last will gets modified within 180 days of death, is it valid?

ADDITIONAL INFORMATION: I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill. How many days must pass before the newest last will/living trust is valid? Is there a minimum number of days that

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