trust

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

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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

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When To Use A Special Needs Trust

Special-Needs Trusts: An Overview of a Useful Estate-Planning Tool In planning one’s estate, one seeks to make one’s passing easier, financially, logistically, and emotionally, for loved ones. In planning for the future, you likely have given special consideration to loved ones who would not be able to provide for themselves if you were gone, such as minor children. While children eventually grow up, some conditions and disabilities that prevent a person from working or living independently

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10 Questions To Help You Create Your Will

A Holistic Approach to Your Affairs For many people, especially those approaching middle- or retirement-age, know they should put together a plan for their estate, but feel overwhelmed by the details and options. They continue to put off estate planning for “another day” until, often, it is too late. Younger people also should consider their affairs, because there is no time like the present and because tomorrow is never guaranteed. In fact, putting together a comprehensive

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How can I best find a top rated estate attorney, licensed in both MA and NH, for settling my sister’s estate?

ADDITIONAL INFORMATION: I’m looking for a top rated wills, trust, and probate attorney, licensed in both New Hampshire and Massachusetts, to help with settling the estate of my recently deceased sister. My brother and I are co-executors of her estate. My sister’s official residence was Nashua, New Hampshire where she owned a condo and filed her taxes. She also owned a house in Concord, Massachusetts. There are likely complications involving a trust for two of her

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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 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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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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