ADDITIONAL INFORMATION: My sister is trustee on my mother’s trust. She thought she could give me house because I was the oldest of my siblings. Is that true? Now I don’t think that’s true because I have a lot of siblings that are beneficiaries on the living trust. ANSWER BY MARGARET CROSS-BELIVEAU: Distributions from the trust are governed by the terms of the trust. The Trustee should consult an attorney to determine if she is following
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
ADDITIONAL INFORMATION: Trust language specifies that after main beneficiary dies that the two remainder beneficiaries can receive their share as a total distribution after they reach age 25 if they request it. So they have the option of keeping some or all of their share in the trust per their request. Does this language offer the beneficiaries asset protection from divorce or creditors? If not, can anything be done to provide asset protection? The trust is
ADDITIONAL INFORMATION: I spoke to an elder care attorney about my mother going into a nursing home. I told him I have POA, healthcare surrogate and Will with me as executor. I had concerns about my mother’s home. My sister has been caring for her in our mother’s home for 4 years. She has Alzheimer’s and it’s time for her to be in a nursing home. He advised me what paperwork to get together and that
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
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
ADDITIONAL INFORMATION: My brother and sister have indicated that they want access to my moms money in the bank and will get a lawyer to help them. I am the sole trustee and POA for all of her assets and medical care and have done nothing wrong. Can they have me removed by majority, as the other two beneficiaries? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: As Trustee, you are allowed to hire experts to help you
ADDITIONAL INFORMATION: I have two children. I am the only one purchasing the house and I am not married. What type of deed would be best for me? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should always consult with an estate planning attorney as there are many options. Which one you pick depends on your age, your financial situation, and the ages of your children and grandchildren. If you add other people as joint owners on
ADDITIONAL INFORMATION: Mom and dad set up a trust in 1993. Dad was a farmer and passed in 2001. The trust states that my brother may farm the land at fair market value. Mom is 87 and recently fell and broke her hip. She has been diagnosed with stage 4 dementia. Mom will probably need extra care (assisted living, nursing home type care). Checking moms finances, I realized my brother, who is a trustee, has been
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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