Can I sell the home now that my grandmother passed, even though there is someone living there that took care of her?
I’m not interested in keeping the home. I have become the homeowner now that she had passed. ANSWER BY MARGARET CROSS-BELIVEAU: As long as you have title, you may sell the property. However, if the caretaker refuses to leave, you will be forced to evict the caretaker. Follow us on Facebook Follow us on LinkedIn […]
New Hampshire’s common-law marriage exception
New Hampshire does not recognize common-law marriage. However, there is a unique exception allowed in probate. Recently, Attorney David M. Beliveau petitioned the New Hampshire court for a hearing for just such an allowance. Congratulations David for the court’s approval. Click to read the Order on Motion for Determination of Common-law Marriage. Common-law Marriage Order […]
What do I do if my husband was expecting an inheritance from his mother and then he passed away?
My husband was expecting that an inheritance from his mother that passed away the previous year, but now my husband has passed away. So what happens with that inheritance? Does it go to me? Does it go to my daughter? How does that work? ANSWER BY MARGARET CROSS-BELIVEAU: Ahh, the dreaded probate with a probate. […]
Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?
Spouse purchased property during our marriage but my name was not on the deed or mortgage. The only thing I care about is that my son has a place to live if I’m not around, that he inherits half. I think that tenancy by entirety means spouse gets 100%, son 0%? Is that what the […]
Does my mother, as an heir, have a right to sell land that belonged to her mother?
My grandmother died in 2016 and at the time she had a boyfriend living with her. Never married and never had a will. My grandmother has three children, two of which do not care what happens with the property. The boyfriend is still living there and we are wanting to sell the land. Legally, what […]
Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?
Spouse purchased property during our marriage but my name was not on the deed or mortgage. The only thing I care about is that my son has a place to live if I’m not around, that he inherits half. I think that tenancy by entirety means spouse gets 100%, son 0%? Is that what the […]
Will my children get my inheritance from my father if I die before him?
My father has a will. His will states when he passes, my two siblings and I will each get an equal share of his money. He does not mention anything about his grandchildren or what would happen if one of his children passes before he does. If I pass before my dad, when he passes […]
How do I find out if I was removed has beneficiary on my mother’s traditional IRA plan?
Did my sister remove me as a beneficiary from my mother’s traditional IRA plan in Florida right before my mom passed? Sis had POA over mom that would make my sis primary beneficiary. ANSWER BY MARGARET CROSS-BELIVEAU: If you call the company that is holding the funds and it won’t speak with you, then you […]
Would backdated pension payments be exempt from probate?
The pension company sent a letter stating that my relative’s estate is owed payments dating back to 2018. His only creditors are from the hospital stay prior to death. Do these funds need to be listed as an asset and go through probate? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, the funds would go through probate. Follow […]
Dead relative no will but owned property?
A close relative of mines passed away. There was a property in their name. Unfortunately, my name wasn’t added to the deed before the person passed away. I am wondering if probate court would be simple since the person did not owe any debt, no kids, no spouse and nobody in the family wants anything […]