ADDITIONAL INFORMATION: My Uncle past away a year and a half ago. I have requested a copy of the trust from his trustee, and the trustee’s attorney several times.
ATTORNEY ANSWER BY MARGARET L. CROSS: To revoke a power of attorney, you will need to sign a revocation document and deliver it to your future ex-wife. You should also execute a new power of attorney. Also, you should execute a new Last Will and Testament because if you die before you are divorced, she will inherit all of your probate property. Beliveau Law Group: Massachusetts | Florida | New Hampshire The estate planning attorneys at the
ATTORNEY ANSWER BY MARGARET L. CROSS: Massachusetts has a $1,000,000 threshold (not an exemption) to determine if the decedent owes Massachusetts estate taxes. All assets owned by the decedent, including what is in a revocable trust, are counted. This includes life insurance, jointly owned property, revocable trust assets, as well as many others. Also, if the decedent made taxable gifts during his lifetime, he would have effectively lowered the threshold from the million by the amount
ADDITIONAL INFORMATION: My cousin, sister and I have a joint bank account. My cousin recently passed and now my sister and I would like to withdraw the funds and are not sure if we are able to or if the account must go through probate. ATTORNEY ANSWER BY MARGARET L. CROSS: A joint account passes by operation of law to the surviving owners. You are free to withdraw the funds as your own. However, be aware
ADDITIONAL INFORMATION: The person who is not of sound mind is 71 and will not eat or get out of bed. He only wants alcohol which his wife gives to him. ATTORNEY ANSWER BY MARGARET L. CROSS: Elder abuse is a serious offense. Being a caretaker is a hard job, which also carries much responsibility. The Massachusetts Appeals Court in Commonwealth v Cruz 2015 WL 5164397 (Mass. App. Sept. 4, 2015) recently held that
ADDITIONAL INFORMATION: Her application was denied. I know an appeal is next but what happens after that? I am POA, but am on disability and the lawyer has used up nearly all of the retainer, and there is no more money to pay anyone. ATTORNEY ANSWER BY MARGARET L. CROSS: It would be helpful if you stated the reason that the application was denied. The first step to challenging the denial is to request a
ADDITIONAL INFORMATION: to find out if i joint power of attorney over my dad now that my brother is not avaialble to care for my dad, or is my sister in law ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A Power of Attorney is not filed with any type of court. You must track it down through your family members or through the attorney which prepared it for your father. If you can’t find a copy or
ADDITIONAL INFORMATION: I am the Executor of the Estate. I have never had to deal with this issue. Also what has to been done with her guardians now that she has passed away? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: The conservator’s authority over your mother’s assets ended upon your mother’s death. The conservator will still have to file a final accounting with the court. Your mother may or may not have had assets which need to
ADDITIONAL INFORMATION: My father is involved in a case in probate over his decreased wife’s estate. It could be worth about 100k. If he passes away would there be a problem in continuing the lawsuit if he doesn’t have a living trust? I have POA and am executor of his estate but wouldn’t there be a period when I couldn’t do anything ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Only a personal representative/executor can continue a lawsuit
ADDITIONAL INFORMATION: Trustee will not give me the name of the Trust Protector and the purpose of this role. I was told “it doesn’t matter.” Is this something I need to know as a beneficiary? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A Trust Protector is a person who oversees the trustee’s administration of the trust. A Trust Protector may or may not be appointed when the trust is executed. An appointment of a Trust Protector could
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