Questions & Answers

Does an executor need to disclose how money is being spent?

ADDITIONAL INFORMATION: My mother had a stroke, but is very cognitive and alert , she is in rehab. My brother has taken over as executor to pay bills. As one of 8 siblings I have asked several times how the bills are being paid. I have asked for detail info since I knew exactly what was in her accounts. I have been told that I do not need to know, or how the money is being

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How do I remove my mother’s name from the title to my (our) home?

ADDITIONAL INFORMATION: My mother is 97 years old with dementia such that she needs 24 hour care. She is destitute and on Medicaid and is represented by an elder law lawyer who is her court appointed guardian. I am considering the possibility of selling our townhouse and moving to be near one of my children. I am not in a good financial place myself, another reason to move to somewhere less expensive with one of my

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Executor of a Trust refuses to provide both cash and deed I have been given. What do i do?

ADDITIONAL INFORMATION: The executor/daughter to the deceased does not want to give the cash and deed I was left in the Trust. What are my options or rights in this situation? ANSWER BY MARGARET CROSS-BELIVEAU: You as a beneficiary of a trust have the right to know about your inheritance, unless the trust is what is called a blind trust. You should consult with a trust attorney to determine what your rights are. Often a letter

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Do I have to divide any money or estate left to me if not instructed to?

ADDITIONAL INFORMATION: I have just lost my grandmother.  She left me her 401k, life insurance, and I’m pretty sure her estate ANSWER BY MARGARET CROSS-BELIVEAU: As a beneficiary of the 401(k) and life insurance, you will inherit these assets outside of probate.  Her estate will be governed by her will.  If she named you as the sole beneficiary, then only you will inherit.  Legally, you are not required to share a bequest that a testator made

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Can children stop parent from placing headstone on deceased parent grave?

ADDITIONAL INFORMATION: My mother passed away 3 months ago. I have two siblings….our dad had a new(old) girlfriend less than 2 weeks after we buried our mother. He is taking this new girlfriend to look at headstones and we do not agree with the choice. Can we stop him from placing headstone? Or at least make it where we all have to decide what goes on headstone? ANSWER BY MARGARET CROSS-BELIVEAU: Assuming the burial plots are

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What is the difference between a durable power of attorney and a power of attorney?

ADDITIONAL INFORMATION: My mother is 88 years old. She would like help paying bills, being a representative for her with her bank and other creditors. What type of form do I need? ANSWER BY MARGARET CROSS-BELIVEAU: A power of attorney is a document which gives an agent the ability to make financial decisions for the principal for a certain transaction or period of time. It will cease to be valid if the principal becomes disabled. For

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