Massachusetts

Understanding Creditor Periods in Probate – Massachusetts, New Hampshire, and Florida

Probate is a complex and multifaceted process that involves a series of legal, financial, and administrative tasks aimed at ensuring the seamless transfer of assets to beneficiaries upon one’s passing. It’s crucial to be aware of the specific rules and regulations that govern the distribution of assets from an estate. In this article, we’ll delve into the intricacies of the creditor periods for probate estates in Massachusetts, New Hampshire, and Florida. Understanding Creditor Periods The creditor

Read More »

Navigating the Tax Implications of Selling Real Estate Subject to Probate

Estate planning attorneys play a vital role in helping clients protect their assets and ensure a smooth transition of wealth to their loved ones upon passing. In the states of Massachusetts, New Hampshire, and Florida, where we practice, the tax implications of selling real estate subject to probate can be a complex and crucial aspect of estate planning. In this article, we will discuss the tax considerations involved when selling real estate as part of the

Read More »

My dad left everything in his estate to me, but there is a trustee comment involving my uncle. Would I need him to sign off?

ADDITIONAL INFORMATION: In the Will it specifically states “In the even that the beneficiary (myself) has not reached the age of thirty (I am 33), then in such even I give, devise and bequeath the shares of my beneficiary to my trustee (my uncle)” Summed up the rest of that section says if im under the age of 30 my uncle has to sign over all the stuff when I hit 30 and then he can

Read More »

Can adult stepchildren contest a will?

ADDITIONAL INFORMATION: My father passed away in 2020. My stepmother became ill in 2021. She reportedly completed a will stating that “she leaves all her earthly possession to her biological son.” There are 4 other adult non-biological children that were not named in the will. My father was the primary person that made the house payments prior to his death. This is also supported by the fact she set up a reverse mortgage after his death.

Read More »

When someone is appointed personal representative to probable an estate can they be held personally liable for any debts?

ADDITIONAL INFORMATION: When someone is appointed personal representative to probable an estate can they be held personally liable for any debts or anything that may be done incorrectly regarding the probate process? ANSWER BY MARGARET CROSS-BELIVEAU: If the PR pays the debts without clearing the creditor period, then yes, the PR can be personally liable for improperly paying debts that don’t have to be paid. In Massachusetts, creditors must bring a lawsuit to perfect their claim

Read More »

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

Read More »

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

Read More »

Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?

ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question

Read More »

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

Read More »

Dying Without a Will in Massachusetts

What Happens When You Can’t Take It with You? As of 2020, up to 60% of Americans had not created a will. While it may seem like a hassle that can be put off for another day, tomorrow is never guaranteed, and the hassle of dying intestate (without a last testament) is far greater than investing in the peace of mind that a will brings. Without a will, everything and everyone that depends on you—real estate

Read More »
Email us now
close slider