Questions & Answers

What if a beneficiary refuses to communicate with me regarding disbursement? As trustee what can I do if she refuses the money?

Additional Information: I am trustee of my fathers estate. I have attempted to communicate with one of the beneficiaries who was left a designated amount but she refuses to reply to my letters. I have been told by a family member that she does not want the money but as stated, I have received no replies to my letters. ATTORNEY ANSWER: A beneficiary is always free to refuse to accept benefits under a trust or a

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My father’s home has been in my name for the past 10yrs. He’s 70 and wants me to put his house back into his name.

Additional Information: I told him that I didn’t think it’s a good idea, but he refuses to listen. Any suggestions of what to tell my dad. ATTORNEY ANSWER: I suggest that you and your father consult with an elder law attorney in your area. (You can visit the website for the National Academy of Elder Law Attorneys’ website to obtain elder law attorneys in your area.)  By transferring the home to you ten years ago, the

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Who handles our revocable trust we setup in 2004 after a tragic death in the family? 2 parties claim to handle it.

Additional Information: Rev. Trust was setup by WESI Family of Comanies/American Family Legal Centers now called the Estate Services Group/Michael Fisher. He is being sued by the other party claiming to represent our trust: United Integrity Group. They transferred our trust to Puritan Life Insurance Services. Michael Fisher claims he still handles the trust. Originally when we opened the trust for aprox $900, we were told we would have lifetime free changes annually, and reviews. We

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Can I break my lease if the apartment has bedbugs?

Additional  Information: Moved into this apartment when I was pregnant, and found out that there are bedbugs in the apartment. Told the landlord and they exterminated my bedroom. After the extermination, still getting bitten, reported again and they exterminated again and still seeing bedbugs not just in the bedroom but in other parts of the apartment. We were told that they will continue to exterminate until they are gone, but how long will that take? We

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How do we do a house transfer, not purchasing it just transfer?

Additional Information: My father in law wants to transfer the house to my husband now due to health issues. My questions is do my husband and I have to get rid of our credit card debt before the transfer can take place. We aren’t purchasing the house it’s just being transferred now. ATTORNEY ANSWER: Your father-in-law should consult with an elder law attorney before making the contemplated property transfer. Also: You should make sure you can

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Is a deed under seal which was signed under duress enforceable?

Additional Information: X hired Y to renovate his shop for a certain amount.  There is a contract between X and Y which specify which items will be renovated and how much will be paid. However halfway during the renovations, Y refused to finish the job unless X pays him an additional amount. At first X did not want to do so, however, he later agreed as he had no other choice. X and Y later signed

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Question about filing an LLC

Additional  Information: If I start an LLC, and the only employee currently is me, should I file it in MA or a different state? ATTORNEY ANSWER: You would not be an employee of your LLC. Instead, you would be a member of your LLC. You would report your LLC’s activity on Schedule C with IRS Form 1040 (assuming you will be the sole owner of the entity). All of your gross profit would be subject to

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How does the executor bill the decedent’s estate for the executor’s services?

Additional Information: Can the executor of an estate bill on a flat fee hourly basis or does the executor charge for their services according to a percentage of the value of the estate? ATTORNEY ANSWER: In Massachusetts (unlike in Florida for example), an executor cannot charge for his/her services according to a percentage of the value of the estate. Instead, an executor should charge a reasonable hourly fee for his/her services performed as such. The executor’s

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Florida attorney has custody of Florida Will. Testator moved to North Carolina four years ago. Where to file will?

Additional  Information: Florida attorney prepared will and trust for Florida resident. Client subsequently moved to North Carolina. Is there a statute permitting Florida attorney to file will with North Carolina court. Second marriage surviving spouse is not personal representative. ATTORNEY ANSWER: If the decedent moved from Florida to North Carolina and died a North Carolina resident, then the decedent’s Florida will (assuming the decedent did not execute a subsequent North Carolina will) should be filed with

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Do I need to register as a business in order to do freelance marketing work and accept credit cards?

Additional Information: Do I need to register as a business in order to do freelance marketing work and accept credit cards? ATTORNEY ANSWER: You should not be required to register as a business in order to do freelance marketing work and accept credit cards. However, for asset protection purposes, it may make sense for you to establish either an S corporation or LLC for your business.

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