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Massachusetts

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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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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Massachusetts denies grandparent visitation request when parent is considered a fit parent

On May 3, 2018, the Massachusetts Appeals Court recently ruled n Martinez v Martinez-Cintron, that Blixt v. Blixt, 437 Mass. 649 (2002), requires a judge to dismiss an inadequate petition for grandparent visitation pursuant to G. L. c. 119,  section 39D. In Martinez, the grandmother petitioned the court for visitation stating that it would be in the child’s best interest rather than alleging why visitation is necessary to protect the child from significant harm.  Her petition

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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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I may need an attorney willing to sue AT&T?

ADDITIONAL INFORMATION: My mother left her AT&T stock to me in her will. My sister (executor) is very spiteful now and claiming my stock as hers. Has even sold one of them. How can they assign stock without proof that it in fact belongs to the person claiming to be that person, since she has all my personal information for probate? I even sent AT&T a copy of the will showing them it was mine legally.

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Can a Will be written to say that a home is left to remaining siblings but if they die their share goes back to the others?

ADDITIONAL INFORMATION: My husband owns his family home (he does not live there). His brother lives there. He wants to put in his Will that the house is left to his seven brothers and sisters. He wants this house to remain in the family. He does not want any spouse or dependents to get this property. It’s like the last one standing will get the house. Is there any legal way to address this in a

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Does my grandmother have any right to clear out my father’s house & keep what she wants?

ADDITIONAL INFORMATION: My father recently passed away. He had a seizure, hit his head multiple times & was unconscious for 5 days before he passed away. My grandmother was notified when he was in the hospital the 1rst day. She didn’t call me or my brother’s until the 2nd day. By then the hospital gave her my father’s personal things ie keys, wallet etc. She went into his house & cleaned it out while he was

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