Questions & Answers

How to protect assets of a parent with dementia from being taken by a care giver?

ADDITIONAL INFORMATION: My father has been diagnosed with advanced dementia. He started seeing someone he met online. She has restricted access to him from his friends and family and controls his finances. She has moved him and changed his phone number. We don’t want to go to court to declare him incompetent as he’d never speak to us again. The concern is that she would manipulate my dad into signing away his assets as his memory

Does a person who takes care of a person before the person dies have rights to the deceased person’s house?

ADDITIONAL INFORMATION: My friends grandma passed away and him and his sister were taking care of her before she passed away. The uncle is the other person who was on the mortgage. The uncle is threatening to evict my friend. Does my friend have any rights to the house? He never signed any lease or any papers or documents. The uncle hasn’t served anything to my friend either. What are my friends options? ANSWER BY MARGARET

My dad left everything in his estate to me, but there is a trustee comment involving my uncle. Would I need him to sign off?

ADDITIONAL INFORMATION: In the Will it specifically states “In the even that the beneficiary (myself) has not reached the age of thirty (I am 33), then in such even I give, devise and bequeath the shares of my beneficiary to my trustee (my uncle)” Summed up the rest of that section says if im under the age of 30 my uncle has to sign over all the stuff when I hit 30 and then he can

Can adult stepchildren contest a will?

ADDITIONAL INFORMATION: My father passed away in 2020. My stepmother became ill in 2021. She reportedly completed a will stating that “she leaves all her earthly possession to her biological son.” There are 4 other adult non-biological children that were not named in the will. My father was the primary person that made the house payments prior to his death. This is also supported by the fact she set up a reverse mortgage after his death.

In Massachusetts, does my wife have to sign her consent on IRA beneficiary form to have my daughter as sole beneficiary of IRA?

ADDITIONAL INFORMATION: I want my daughter to be sole beneficiary of my IRA. I live in Massachusetts. ANSWER BY MARGARET CROSS-BELIVEAU: Massachusetts does not require spousal consent to change the beneficiary of an IRA. It is required for a 401(k). However, the custodian of the IRA may want the spouse to consent. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be

When someone is appointed personal representative to probable an estate can they be held personally liable for any debts?

ADDITIONAL INFORMATION: When someone is appointed personal representative to probable an estate can they be held personally liable for any debts or anything that may be done incorrectly regarding the probate process? ANSWER BY MARGARET CROSS-BELIVEAU: If the PR pays the debts without clearing the creditor period, then yes, the PR can be personally liable for improperly paying debts that don’t have to be paid. In Massachusetts, creditors must bring a lawsuit to perfect their claim

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

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

How can I get my son’s name off my deed?

ADDITIONAL INFORMATION: I put my son’s name on my deed so he would have no problem in case I died. I am trying to get a reverse mortgage and cannot obtain it with him on my deed and he will not take himself off. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: Unfortunately, once you gift your assets away, you can’t force the recipient to return it. If you take a reverse mortgage, the amount due

Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?

ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question

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