Questions & Answers

If family trust is in place, can a home be sold with out the approval of the designated trustees?

Family trust in place with my husband and brother in law as trustees. Recently made aware brother in law has home for sale( both parents alive live in home and very elderly one disabled and unable To communicate) and planning on using proceeds to buy himself a home and “move parents in with him”. My husband was not told of any of this. Family trust in place since 2013. Quitclaim deed in name of both husband

If I have a life estate who holds deed and pays bills?

My friend wants to give me a life estate in his home. Then he wants to leave home to charity….how will deeds and will be set up and who pays taxes, etc?? ANSWER BY MARGARET CROSS-BELIVEAU: I think what you are saying is that after your friend dies, he wants you to be able to live in the property for your life and after your death the property should be donated to a charity. Your friend

I raised my granddaughter from a baby and I have a son if I leave house to both does my son have more say so than her?

I raised my granddaughter from a baby. I have a son. Upon my death, if I leave house to both of them, does my son have say so over her whether to sell or keep the house ??? ANSWER BY MARGARET CROSS-BELIVEAU: If you leave it to them equally, he doesn’t legally have more of a say that your granddaughter. However, is she is a minor, he can control the asset as her guardian. Follow us

How do I get a copy of a will when I live in another state?

I live in New Hampshire and am trying to get a copy of my mother’s will. I went to the City Clerk of the Court Cook County, but did not find a link on how to download a form to obtain a copy of the will. Obviously I cannot appear at the specified location as stated on the Probate Court – Cook County website. I would greatly appreciate any advice you may offer. ANSWER BY MARGARET

Can I leave my house to my daughter alone if she is married?

I don’t want him to have any control. ANSWER BY MARGARET CROSS-BELIVEAU: You can deed it to her individually, but if he is a controlling person he could easily use pressure for her to put his name on the deed. He could also divorce her and take half. Leaving it in trust for her is the only way to completely safeguard the asset. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that

How do I transfer a deed to my name?

I purchased a rental property from my grandmother in 1998. We signed a Notarized Real Estate Contract and I paid it off in 2000. My grandmother wrote paid in full, the date and signed her name and gave me back my copy. My grandmother died in 2002. Her will stated everything went to my mother and her two sisters. Nothing was mentioned about my house because they knew I purchased it and lived there. I recently

Can a married person create their own separate living trust without any involvement of their spouse?

One of my parents wants to make their own separate living trust without the other parent involved at all (no signatures or notarized paperwork required from the other parent). I know usually married couples both create their own separate living trusts together but I had trouble finding out if just 1 person can create their own separate trust and the spouse not have one at all. Thank you. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, it can definitely

Can my husband create a valid will and trust after I filed for divorce?

I filed for divorce and then my husband’s brother took him to create a will in trust, giving the brother rights to everything. Then my husband passed away. Divorce never went through. Can they do that? What are my rights? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, he had the right to leave property to whomever he wanted after death. However, as you were married at the time of his death, you still have statutory rights to his

What is the legal sentence or paragraph to add to a will about asset transfer?

I want to say my spouse can inherit an asset from my parents if I am already dead, but if she re-marries the asset has to go to my kids, not the new husband or their kids? What legal terminology can be used for that? To say it another way, my wife and I have kids. When my dad dies there will be an asset willed to me. If I am already dead my wife can

When someone does not want to be an executor of a will can they appoint someone else in their place

When someone does not want to be an executor of a will can they appoint someone else in their place ANSWER BY MARGARET CROSS-BELIVEAU: If you don’t want to serve as executor, you can decline to sign. The will should have an alternate Person Representative listed. If there is no alternate, the state has a statute which spells out who in the family has priority to serve as PR. Follow us on Facebook Follow us on

Florida

Massachusetts

New Hampshire

Beliveau Law Group