Chat with us, powered by LiveChat

Probate

Can you charge a fee if you are the administrator or executor in an informal probate?

ADDITIONAL INFORMATION: What would that fee be? ATTORNEY ANSWER BY MARGARET L. CROSS: As Personal Representative, you may charge reasonable fees to the estate. You may charge differently for different tasks. For example, cleaning out the basement would be charged out at a lesser amount than the preparation of the tax return for the estate or the decedent. You will need to keep records on how long you spent on each task. Your fee will be

Read More »

How do open a checking account if the Insurance Policy checks are made out to the Estate of?

ADDITIONAL INFORMATION: My Fiancé passed away over a year ago. I was Power of Attorney and 100 percent beneficiary of his Trust. He got too sick to transfer everything under the trust. Now I have a pour over will naming me Personal Representative. Giving me full power with no bond. The banks will not accept the will. They are telling me they need a letter stating I have legal rights to the money. I don’t know

Read More »

MassHealth estate recovery and probate litigation

ADDITIONAL INFORMATION: How much time does Masshealth have to make such a claim? Is there a time limit? Also, it is my understanding that they can only take whatever the decedent owned at the time of death. I assume then, any insurance proceedings and lawsuits proceedings post death are not available to Masshealth right? ATTORNEY ANSWER BY MARGARET L. CROSS: The normal creditor period in Massachusetts is a year from the date of death. However, MassHealth’s

Read More »

In MA, if Medicaid paid for a deceased hospitalization, do the heirs have to wait until the Estate Recovery fund is paid back?

ADDITIONAL INFORMATION: In MA, if Medicaid paid for a deceased hospitalization which is now in probate, does the administrator/heirs have to wait until the Estate Recovery fund is paid back before collecting any inheritances? ATTORNEY ANSWER BY MARGARET L. CROSS: MassHealth is a creditor of the estate. MassHealth is notified when the probate documents are filed with the probate court and has by statute a right to submit a claim on the estate. Once the claim

Read More »

Do I inherit my estranged spouse’s estate if no other survivors?

ADDITIONAL INFORMATION: Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law in Mass regarding inheritance of a separated spouse? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Massachusetts law, until the divorce decree

Read More »

I have a will but want to provide for my nieces and nephews, do I need to establish separate trusts for each of them?

ADDITIONAL INFORMATION: All of my nieces and nephews are under the age of 18. I want to be sure that they are the direct beneficiaries. I also want to prevent my drug addicted brother from getting any of the funds. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should establish a trust and fund it during your lifetime. Upon your death, the assets will be held or distributed as you have directed in the trust. The trust

Read More »

Can we stop a nominated executor from filing probate ? We are seeking in process of uncontested guardianship.

ADDITIONAL INFORMATION: My sister is POA for my mother and father. Her 4 siblings have filed for guardianship after 2 yrs of obvious receipt from her concerning our folks assets , her obvious drug issues, misuse of both cash& credit and the selling of our parents house and estate without honest disclosure. Father passed 3 days prior to the first hearing in which she perjured herself concerning a lapsed life insurance policy which was discovered by

Read More »

Which prevails, bank registration or trust document?

ADDITIONAL INFORMATION: If a bank has an INVESTMENT ACCOUNT titled “Transfer on death” to one beneficiary and a Living Trust document (unfunded) lists the INVESTMENT ACCOUNT as trust property to another beneficiary, which document prevails? The Grantor is deceased. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A trust must be funded in order for it to do any good. A trust may be funded either during a person’s life, which is the least costly way, or via

Read More »
Call Now Button
Email us now
close slider
  • How Can We help?