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My husband and his mother own a two family house what happens if one of them dies?

ADDITIONAL INFORMATION: My husband and his mother bought a two family 20 years ago I just married my husband five years ago he has no children of his own his mother has five children what happens with the house if one of them dies? Thank you…They are both pretty ambivalent about seeing a lawyer they seem to think everything will just work out. ANSWER BY MARGARET CROSS-BELIVEAU: It depends on how your husband and mother-in-law took

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Must a trustee transfer the title of a home he inherited (currently in a Trust) before selling it?

ADDITIONAL INFORMATION: My friends brother was “willed” a home from his Father. His Father setup an irrevocable trust to handle his assets after death. My friends brother kept this property within the trust for almost 24 months, expensing taxes, repairs and other items as trust expenses, then sold the house directly from the trust and is now claiming 100% of the proceeds of the sale of the house. In other words, he charged the trust $20k

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How do I remove myself off a durable general power of attorney

ADDITIONAL INFORMATION: I was asked to be a friend of mine’s durable power of attorney he is incarcerated and is just too much for me to handle I would like somebody else to take over how do I take myself off a durable general power of attorney ANSWER BY MARGARET CROSS-BELIVEAU: You are not locked into acting as someone fiduciary agent. Your friend may execute a new power of attorney electing someone else as his fiduciary.

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Why does my mother have to sign a ‘removal request’ from the title of the house when she had a quitclaim deed, done in 2005?

ADDITIONAL INFORMATION: A Quitclaim, which turned ownership of the house to her three kids for one dollar was drawn up in 2005. Mother is now in assisted living and my brother is buying out his two siblings’ share. Why would the lenders’ title company want my mother to sign a ‘removal request’ to get her name off the title? Wouldn’t the Quitclaim have accomplished that? And, if not, will Medicaid consider the date of the quitclaim

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How do I make the Trustee of my irrevocable Trust make good on an addendum that was written into the Trust?

ADDITIONAL INFORMATION: The trust states at ages 21, 25, and 35, I could withdrawal certain percentages of the principal for family needs.  At age 25 instead of taking 33% of 1.4 million, I agreed to purchase a home, go on vacation, and buy my now wife wedding ring. In the addendum, it states if I would like to purchase the home that I’m living in now I can have the opportunity to do so for $100,000. 

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Spouse passed no WILL, Bank Account in separate name, married since 2006, no kids, Small Estate Affidavit or ?

ADDITIONAL INFORMATION: My spouse passed suddenly last week married since 2006 no kids, currently married he had no WILL. We kept separate bank accounts he had a small business it was easier for spending. I am not listed on checking account and it’s around $55k am I to file Small Estate Affidavit or Informal Probate. I am just trying to have the bank account and no one will be trying to get to it. I just

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How to locate a known will and file for probate but live in the UK??

ADDITIONAL INFORMATION: I actually live in the UK. My aunt, who emigrated to the USA in the 60’s, passed away nearly 7 months ago. Since then we have contacted the Probate Court to find probate of estate has not been filed. We know there is a will, as my uncle (deceased), showed it to my father on his last visit to the USA. We have contacted the retirement complex numerous times by phone and email regarding

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How do I get power of attorney and what is the average cost?

ADDITIONAL INFORMATION: My mother has Parkinson and dementia. She was recently hospitalized and is currently in a rehab center. I have always paid her bills and taken care of her even before the dementia. I am trying to get her help but I’ve come with the stumbling block (I don’t have P of A). I need to get this done but I first need to know the average cost. ANSWER BY MARGARET CROSS-BELIVEAU: If your mother

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Can I correct my name in a living trust?

ADDITIONAL INFORMATION: My mother had a living trust made in 2002. The account who did the living trust had passed away in 2014. My mother passed away in Oct.2017. He put my name as Maria. My name is Marie. ANSWER BY MARGARET CROSS-BELIVEAU: The revocable trust because irrevocable upon your mother’s passing.  There is no changing it now. A one letter difference in a name is not a fatal error.  It is called a scrivnor’s error. 

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Is it Illegal to put yourself only on a Deed to a house when there are 2 other owners?

ADDITIONAL INFORMATION: I am 1/4 owner of a property in Nh, my mother passed without a will so interstate succession applied and her 1/2 is Split between my brother and I. My aunt is the other 1/2 owner. She changed the name on the Deed to the house to only hers. She may have claimed she was the only living defendant left, even tho that’s not true. Just wondering if that is legal? ANSWER BY MARGARET

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