deed

Would putting my husband’s name on the deed, save us form probate when his mother has to be put in nursing home or passes away?

ADDITIONAL INFORMATION: Trying to find the right and cheapest way to but my husband on his mom’s house. I don’t know if we should make a trust for the house or change the deed. I really don’t know what way to go. Mom has dementia and bipolar. She want to has us get the house without probate. ANSWER BY MARGARET CROSS-BELIVEAU: Having dementia doesn’t mean that one is incompetent.  However, if your husband is not an

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Is a Limited Power of Appointment in a Trust still considered countable “control” over assets? Are contents of Trust at risk?

ADDITIONAL INFORMATION: My father created an Irrevocable Trust (with multiple assets and properties in it), where I (his son) am the Trustee; but in looking it over I noticed a potential issue: it says he has a Limited Power of Appointment (to add/remove Trustees, Beneficiaries, etc.), which, to me implies a level of “control” over his assets (or countable assets?). Because the Trust was primarily setup for Medicaid (5-year look back), I’m concerned this still essentially

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What are my rights as an owner of a remainder interest?

ADDITIONAL INFORMATION: My dad gifted me his house but reserving a life estate.  Can he rent the house or call the police on me to leave the home? ANSWER BY MARGARET CROSS-BELIVEAU: Yes. Life tenant has reserved the right to live there and the proceeds of income of the property until his death. Unless his actions are negatively effecting the value of the real estate, you don’t have authority over the property. Follow us on Facebook

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Can an estranged wife who disappeared more than 30 years ago challenge a will in relation to real property in Florida?

ADDITIONAL INFORMATION: I am helping an elderly disabled friend who fears his wife who disappeared more than 30 years ago may reappear after he dies and cause problems. He wants to will his home to a friend. To his knowledge, she knows nothing of the property where he had lived since shortly after she left. ANSWER BY DAVID M. BELIVEAU: If his wife is living, she will have spousal rights to his probate estate.  Also, under

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How can I change my name of a deed since I got married?

My deed needs to be updated to reflect my last name due to marriage in my revocable trust. ANSWER BY MARGARET CROSS-BELIVEAU: Your name change does not affect the ownership rights. At the time of the sale or transfer out of your revocable trust, the new deed with state your new name and your former name. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice,

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What’s in a Title? What Massachusetts Homebuyers Need to Know About Deeds, Titles, and Searching for Both.

Know Before You Buy When buying a home, especially if this is your first time, you may feel overwhelmed by all the new terms entering your vocabulary, terms which seem interchangeable to you but may have very different legal meanings. This is perfectly normal. In this article, we will set out for you the difference between a title and a deed in residential real estate sales. Additionally, we will cover the process of searching for and

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What rights do offspring have to deceased parent’s estate?

ADDITIONAL INFORMATION: My dad passed away in 2010. There was no will (as far as I know). He and his wife (not my mother) bought and owned property together. I have not been in touch with his wife since his passing, but I know she has since sold their house, and has remarried. She has no children, and I am the only offspring my dad had. I am just wondering if there is any legal right

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My name is on the deed not on the title. Do I own the house?

ADDITIONAL INFORMATION: My grandmother bought a house and put it in my name. However, the title is in her name. She is now deceased. Trying to figure out if the house is mine or if it passes on to her (adult) children if no will. ANSWER BY MARGARET CROSS-BELIVEAU: The term title is synonymous with the deed.  Do you have an unrecorded deed so that the last one is not on record at the Registry of

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