estate planning

Inquiring to see if my brother and I have a case against my sister.

ADDITIONAL INFORMATION: 30 years ago my sister was given $40,000 by our father. He told me and my brother about it and told us he wanted to leave us something for our future. He said my sister would invest it and not be touched until he dies. This past January he passed and now my sister doesn’t seem to want to, or can’t discuss it she says. What can we do? ATTORNEY ANSWER BY MARGARET L.

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Will I have to pay income tax on my Mothers house that was in a revocable trust?

ADDITIONAL INFORMATION: I am sole heir in my Mothers revocable trust. She died in 2016, I sold her house in 2016. Will I have taxes to pay? ATTORNEY ANSWER BY MARGARET L. CROSS: Upon your mother’s death, the home receives a step up in basis to fair market value. By placing and selling the home on the market soon after your mother’s death, the basis will be presumed to be the selling price. You should consult

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My grandmother would like to change her power of attorney. How can she do so?

ADDITIONAL INFORMATION: My grandmother currently has a family friend designated as her POA. She would now like me to be her POA. How can we make this change? ATTORNEY ANSWER BY MARGARET L. CROSS: All she has to do is execute a new power of attorney and notify the old agent that the old power of attorney was revoked. This is easily done through an attorney. The attorney will need to meet with your grandmother alone

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Is it legal for a friend to will his home to me if there are living family members?

ADDITIONAL INFORMATION: My close friend has appointed me executor of his will and it includes leaving me his home and all the contents.  He has living family members and I’m concern they will contest even though they are receiving other assets. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A person’s Last Will is valid as long he had testamentary capacity, is over 18, and the Will has been witnessed. If your friend is of sound mind, he

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How do I word a legal guarantee that my sister’s children will be given our mother’s rings when our other sister dies?

ADDITIONAL INFORMATION: There is a very tense relationship between sisters at this point there is only a verbal promise ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: The inheritance of the rings will governed by your sister’s Last Will and Testament. If she wants her nieces to inherit her rings, it should be written into her Will. Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation

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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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