Questions & Answers

I Am In Trust With Myself And Wife And A Church I Understand We Can Break The Trust If Both Party Agree What Type Of Attorney Do I Need

ADDITIONAL INFORMATION: The Trust Has 375.00 In It What Would Be A Fair Asking Price I Am 70 and My Wife Is 64? ATTORNEY ANSWER BY MARGARET L. CROSS: Most trusts have a small share article which allows the Trustee to make a final distribution to the beneficiary of a trust if the cost of administration of the trust is disproportionate to the value of the trust. With only $375, it certainly qualifies. Is it even

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If my trust is being dissolved and I am getting a portion (using present value calculations) will I be taxed?

  ADDITIONAL INFORMATION: I normally pay taxes on the income of the trust. I don’t have access to the principle amount but my trustees have determined based on life expectancy and actuary tables that I can have a lump sum distribution. I was not given any documentation for the finances and I would like to confirm the amount is correct but my question is will I be taxed on that distribution (under $100K) and can I

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Can my step father hold me accountable for past mortgage payments if I wasn’t informed that I inherited land through intestacy?

ADDITIONAL INFORMATION: My mother passed away 8 years ago… I was told she left me nothing. Last month my step father contacted me saying he needed me to sign some some papers for him. When I asked what they were for he told me it was my mothers estate, but assured me it wasn’t worth anything. It seemed weird to me so I had his attorney send me the paperwork and discovered I had received her

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Owe additional interest and fees due to closing attorney.

Additional Information: The closing attorney for the sale of my Concord NH home was aware of the necessity to payoff my FHA loan at a certain time to avoid additional fees. The payoff was rejected by my lender because is wasn’t a “certified check, cashier’s check, or bank wire”, as required by the lender’s Payoff Statement. After being contacted by lender, he then sent a certified check which was received after the deadline and I was

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The seller is trying to get out of agreement to pay our closing costs.

Additional Information: We are buying a home in Manchester, NH.  The seller signed an agreement to pay for buyers closing cost, but apparently he didn’t understand what he signed (English is not his first language).  He now understands what he signed but is trying to get out of it.  What are our legal rights? ATTORNEY ANSWER: You should be able to enforce the agreement that seller will pay for your closing costs since it was agreed

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How do I organize separate business activities under one business entity?

Additional Information: I am a teacher in Quincy and in addition to my salary I sometimes receive wages for tutoring, and also income from our rental property.  Is it recommended and is there a way to organize these separate business activities under one business entity? ATTORNEY ANSWER: Organizing several side businesses under one umbrella may sound like a good idea at first but there are several reasons (for tax purposes and non-tax purposes) why you should

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Properties were foreclosed and I will file for bankruptcy. Am I still responsible for tax leins?

Additional Information: I owned some rental properties in Braintree that were foreclosed on several months ago. I am getting ready to file for bankruptcy to wipe away the deficiencies. I am still getting bills from various taxing authorities for tax liens on the property.  My question is, since I no longer own the properties and the bankruptcy will wipe away the deficiency, will I still be responsible to pay for the tax liens? ATTORNEY ANSWER: Since

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There is a lein on the property. What do we do now to close?

Additional Information: While preparing to close on my non-mortgaged home in Newton, the buyer’s title search found a lien on the property.  Apparently the closing attorney had not paid back the monies owed by previous owner. What do we do now in order to close? ATTORNEY ANSWER: Since your question does not specify what type of lien was found on the property, I will answer in general terms.  Before one can have a closing or refinance

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The sellers did not complete the work they were supposed to before we closed on the house.

Additional Information: What are allowable damages for real estate misrepresentation under Massachusetts law? We signed a P & S for our first home in Belmont.  The P & S had multiple items that were supposed to be completed by the seller prior to closing. They did not complete the work and now refuse to return our deposit money.  What are our legal rights? ATTORNEY ANSWER: When the P&S specifically states that the Seller is to make

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What are the tax implications of a short sale?

Additional Information: I am considering a short sale on my home in Sherborn.  What are the resulting tax implications of a short sale? ATTORNEY ANSWER: Because a short sale involves the forgiveness of debt (in this case the unpaid balance of the mortgage) the seller may get a 1099-C for the amount of the mortgage deficiency.  There are options available which include bankruptcy or relief if you can be considered insolvent.  Also the Mortgage Forgiveness Debt

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