estate planning

Stepmother did a lady bird deed to her son and cut us right out of the will . 2 weeks after fathers death

ADDITIONAL INFORMATION: My dad passed away in 2014 . He had a will and stepmom had a will both basic mirror wills . My dad actually gave me copies of both and it named me executor in both of there wills . Before my dads death he called me up very upset he lived in Florida said I’m going to my bank and changing you to beneficiary . He said stepmom and stepson are aggravating him

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How does a living trust work?

ADDITIONAL INFORMATION: I spoke to an elder care attorney about my mother going into a nursing home. I told him I have POA, healthcare surrogate and Will with me as executor. I had concerns about my mother’s home. My sister has been caring for her in our mother’s home for 4 years. She has Alzheimer’s and it’s time for her to be in a nursing home. He advised me what paperwork to get together and that

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During divorce proceedings, can a person who was placed as an executor of real property use or sell that property?

ADDITIONAL INFORMATION: Land was purchased during the marriage and put into a trust for the children. The wife was placed as the executor. They are now divorcing and the husband is concerned that the wife will sell the property, in part or in whole, to fund her part of the divorce. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Wife was named as a Trustee of a trust.  As a trustee, she has fiduciary responsibilities to follow the

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If I find out 25 years later I have a daughter?

ADDITIONAL INFORMATION: I was just contacted by a old girlfriend that her 25years old daughter is mine. I will be willing to take a dna, but I have all kinds of worries, I’m married and have other children, if she is my daughter what it the law states I have to give to her. Can actually take a legal matter for depriving me with my parental rights.  what can they possible want after 25 years.? ATTORNEY

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What constitutes elder abuse?

ADDITIONAL INFORMATION: Our mother is 89 years old and relatively good health. My dad passed away 2/2016 and my older sister moved home due to losing her job. She now takes care of my mom although my mom is in assisted living. She has said to my mom “spend all your money” My dad left her with 3 million dollars that he worked extremely hard for. My mom is spending the money like crazy. Trips ,

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If a living trust and last will gets modified within 180 days of death, is it valid?

ADDITIONAL INFORMATION: I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill. How many days must pass before the newest last will/living trust is valid? Is there a minimum number of days that

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How do I register an international divorce?

ADDITIONAL INFORMATION: My (non-US citizen husband) and I married both in Taiwan and in USA? We divorced amicably in Taiwan. I’d like to register the divorce the US . There are no settlement issues. We have two adult children and one child still under the age of 18. I have sole custody. We executed the Taiwan divorce agreement in both English and Chinese. I’d also like to reclaim my maiden name. ATTORNEY ANSWER BY MARGARET L.

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How do I enact a power of attorney?

ADDITIONAL INFORMATION: My Mom has been giving her money to a scam artist. So far l think it’s about $150,000. She thinks she is going to marry this guy she’s never met. The police have been called by 2 different banks and they have explained that she could go to jail for money laundering but this is not stopping her. I am her poa but how do I get it enacted ATTORNEY ANSWER BY MARGARET L.

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Can you make a trust trump a will

ADDITIONAL INFORMATION: My Grandfather died leaving money and assets to my father who was alive when my grandfather died, now my grnadmother still lived but went behind my fathers back and made a trust to kick him out of the will and had thier attorney never settle the will after my grandfather died and now doesnt want to give my father anything. they told us she made the trust to trump the will can they do

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How do I decline my inheritance?

ADDITIONAL INFORMATION: I do not want to accept any inheritance that my parents may leave me. Can I just write a letter and have it notarized or is there some type of legal form/letter that I need to fill out? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: To decline a gift or inheritance, you need to execute a disclaimer. In order for the disclaimer not to have any effect on you for estate or gift tax

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