Questions & Answers

Can my sister legally file for Probate without me waiving my PR rights to her ?

ADDITIONAL INFORMATION: My sister has not provided me with my father’s will, death certificate, his bank statements ( which she still has open after death) and any other legal documents of interest. I am afraid to give up my PR rights at this point in time because I am not sure of her honesty and integrity concerning my father’s estate. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: The Personal Representative is named in the Will. You

What if the deed was not signed before the death of the grantor of an irrevocable trust.

ADDITIONAL INFORMATION: My uncle had an irrevocable trust drawn up for my grandmother ( his mother) so he would get the house. Does the deed need to be signed before the death of grantor? Next question if the granddaughter lived with and cared for grandmother for 44 years and the grantor/ grandmother dies and uncle wants to sell the home should the granddaughter get copies of court hearings and from the attorneys as the heirs did?.

How can I obtain guardianship of individual?

ADDITIONAL INFORMATION: My husband and I currently have permanent guardianship of our 17 year old grandson. The issue is when he turns 18 years old we have been informed this expires and we will have to go before the Courts again. He has been diagnosed with Autism, ADHD and Mood Disorder Unspecified. Also, history of PTSD and Oppositional Defiant Disorder. He is unable to complete life decisions, is easily persuaded by others into unfavorable decisions (some

Can I make out a check for funeral

ADDITIONAL INFORMATION: I was P.O.A. for someone who just passed, her wish was to be cremated. Now that I have had the funeral home take care of this, I need to know if I can write a check out to the funeral home. It is my understanding my role as P.O.A. ceased as of her passing. what can I do. there is no executor of her estate ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: As power

Will my ira, 401k and/or annuity which have charitys as beneficiarys protect my 1.4 mill estate from estate tax?

ADDITIONAL INFORMATION: If the answer is no,would it work to give these to charity be for my demise? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Provided that your charitable deductions after your death bring your estate value below the Massachusetts 1 million dollar threshold, there will be no estate tax due in Massachusetts. A Massachusetts estate tax return will still be required to be filed as your taxable estate started at an amount above a million

Can my sibling be evicted from my step father’s home after he dies?

ADDITIONAL INFORMATION: My sibling was living with my step dad for 4 months before his sudden death, now my step brother who was named as the executive of the will has told her she has to leave. What rights does she have? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: If she is a beneficiary of the will, she may have a right to continue to live there if the will grants her an ownership interest in

How does Power of Attorney work when the person it’s transferred to also transfers their own?

ADDITIONAL INFORMATION: My grandmother is in her 80’s and still very active and mentally “with it”. After a recent hospitalization, though, she decided to transfer Power of Attorney to her only child, my father, just to be prudent in case of future situations. Separately, during the past month, my father has been diagnosed with Stage IV cancer that is terminal. He has signed over his OWN Power of Attorney to his wife, my stepmother. Where does

If a parent was never put on a child’s birth certificate, can that adult child make medical decisions for that parent?

ADDITIONAL INFORMATION: My mother’s father abandoned them after she was born. About 5 years ago, he showed back up in her life and she has since grown to have a relationship with him. With that being said, I do not believe he was ever listed on her birth certificate and she was given her mother’s last name when she was born. Now, he has suffered a brain injury and is incapacitated and unable to make decisions

Can a person legally take communications/documents from another person’s home without their knowledge/permission?

ADDITIONAL INFORMATION: My mother lives in a house that is in a trust and was formerly a trustee of that trust. She kept hard copies of all her communications with other trustees (before and after her time as trustee) and various copies of trust documents in her office. A beneficiary of the trust recently revealed that they went into her office and took all communications/documents and have been keeping them at their house. I am another

My father died in Florida and had no will but his home was deeded to him only and paid for before he married my stepmother.

ADDITIONAL INFORMATION: Do I have any rights as a son and the stepmother says she has a life estate and she says the property will go to my father’s Aires when she passes but we have never seen any paperwork to say what the situation is.. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: The surviving spouse is granted a life estate in the property in order to protect her rights. A life estate means that she

Florida

Massachusetts

New Hampshire

Beliveau Law Group