Probate

What can I do if the executor of a will is refusing to follow the wishes in the will?

ADDITIONAL INFORMATION: My mother left her estate to her 5 daughters equally. (per her will). The executor, one of the daughters, is not executing her wishes. She will not even speak about it. She did not tell us about the will. We found out by writing several lawyers in town. It has been over 2 months since our mother passed. She (the executor) has all ready taken property out of the house which was supposed to

Selling a house in probate in Massachusetts

ADDITIONAL INFORMATION: I understand there is a year for creditors to submit claims to the estate. Does this mean the heirs have to wait a full year to sell the house? Thank you! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Yes, you may sell the house during probate. In order to pass a clean title to the buyers, a formal probate proceeding is required. Unless the will has specifically waived the requirement, the personal representative will need

What should I do with a municipal bond that is part of an estate and cannot be redeemed?

ADDITIONAL INFORMATION: I am the court appointed personal representative of the estate of my mother. This concerns a bond entitled, “Port Authority of the City of Saint Paul Industrial Development Revenue Bond Series 1988-F” This bond, which matured in 1988, has a face value of $5,000, but is no longer redeemable. The projects the bond supported never generated enough income to redeem the bonds, due to the real estate ”bust” of the 1980’s. After five years

How do I get my dads name off of my mother’s estate?

ADDITIONAL INFORMATION: My mom is gonna pass away soon and my dads name is still on the title, he hasn’t been around in 20 years. He didn’t have much to do with the payoff at all. I don’t know where he is to ask him to sign the paperwork for my mother ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: I am sorry for your loss. If your parents had divorced, the property division should have been addressed

Can we take action to immediately change locks and take possession of property and all remaining content?

ADDITIONAL INFORMATION: My sister and her husband moved into the family home place after our parents passed… About 3 months ago my sister passed, her husband eventually moved back into his original home , but left lots of his “junk” behind…saying at some point he may return and clean it up. he has the only keys to the property. what legal rights do we have as far as,Immediately having all locks changed and demanding he remove

I am heir to a portion of my grandpas estate and home with sister, brother, aunt, uncle. Can’t sell because brother has liens.

ADDITIONAL INFORMATION: Grandpa had 3 kids and my dad passed away before grandpa and me , my sister and brother own my dad’s portion of home. My uncle lied to us about not being able sell the home due to my brother tax lien and we waited for 2 years and now he said the title search came back with my brother now has 30k lien on property and we cant close. We want to know

I have two sisters and we all got 1/3 of money that comes in each year! My sister died so where will her share go?

ADDITIONAL INFORMATION: It was not stipulated in will if any of us die before the 5 years are up! It also doesn’t say pay to next of kin in the will it only states the money is divided 1/3 each! What do we do because my brother in law is asking for the money! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You need to consult with a probate attorney to review the will and its testamentary trust.

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

Can I file for compensation as a caregiver and daughter against my mothers will?

ADDITIONAL INFORMATION: I was caregiver for my step father when he had terminal cancer for five years, also for my mother during and after that time. This was a twenty four- seven situation which included all aspects of care for them plus taking care of their home inside and out. I had to move in with them as they could not be left alone, putting my entire life on hold for a period of approximately ten

Does a living trust have precedence over a previously written will?

ADDITIONAL INFORMATION: My mother in law recently passed away. She had been going downhill since she had surgery August of 2016. She was showing signs of dementia and it got worse as the days went on. Her previous doctor even has that in her medical records. Before she had surgery she filled out a will. She had four children. In the will she left all four children equal shares of real estate that she owned. In

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