Questions & Answers

What are my rights as an owner of a remainder interest?

ADDITIONAL INFORMATION: My dad gifted me his house but reserving a life estate.  Can he rent the house or call the police on me to leave the home? ANSWER BY MARGARET CROSS-BELIVEAU: Yes. Life tenant has reserved the right to live there and the proceeds of income of the property until his death. Unless his actions are negatively effecting the value of the real estate, you don’t have authority over the property. Follow us on Facebook

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Are miles driven doing paid favors to friends tax deductible?

ADDITIONAL INFORMATION: For example if my roommate payed my $5 to drive a mile down to Walmart to pick up something would those 2 miles be deductible? To a greater extent if I went to Florida for a trip and my brother pays me to catch him a rare pokemon on pokemon go and our agreement states he is paying me for the drive there and back, would I be able to deduct the trip? Would

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Can an estranged wife who disappeared more than 30 years ago challenge a will in relation to real property in Florida?

ADDITIONAL INFORMATION: I am helping an elderly disabled friend who fears his wife who disappeared more than 30 years ago may reappear after he dies and cause problems. He wants to will his home to a friend. To his knowledge, she knows nothing of the property where he had lived since shortly after she left. ANSWER BY DAVID M. BELIVEAU: If his wife is living, she will have spousal rights to his probate estate.  Also, under

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Can I change the amount someone is to inherit in my will without a lawyer?

My will is worded to leave nothing to my son, and any of his heirs. I’ve heard that they can contest if you leave nothing, but if you leave as little as a dollar, they can’t contest it. ANSWER BY MARGARET CROSS-BELIVEAU: A will can include a no contest provision which states that if any beneficiary contests the bequest is forfeited by the beneficiary. This works well if you leave a substantial amount to the beneficiaries.

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If I made a will and testament and what happen if I got divorced?

If I get a divorce then my will and testament get revoked?? ANSWER BY MARGARET CROSS-BELIVEAU: Once the divorce is finalized, any provision leaving assets to your ex would be null and void.  Filing for the divorce is not enough to disinherit your soon to be ex.  It would be best to be proactive and execute a new will to disinherit your spouse.  The spouse would still have a spousal right to some of the assets

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Life estate Question

My parents have a life estate set up for their home and cottage naming my brother and I remainder beneficiaries since Aug 2013. We are currently wondering if we remove my name from one estate and his name from the other estate, does that have consequences for the Medicaid look back dates, starting the 60 months over? Is there a legal way to separate and protect the 2 estates? ANSWER BY MARGARET CROSS-BELIVEAU: Remaindermen gifting to

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Am I a victim of elder abuse?

I have been on disability for 22 years. My father told me I did not need to file my taxes. I filed my taxes this year because I have a six-year-old who I’ve never claimed and I claimed myself and her, And my father would like me to amend my tax return. He has tried to get power of attorney without my knowledge from me and hes been claiming my daughter and myself for years and

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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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