Questions & Answers

If a father gives temporary custody to his mother, what rights does the maternal grandmother have?

ADDITIONAL INFORMATION: My child died. Father got custody of my grandchild. He then gave temp custody to his mother to avoid DSS getting involved. In our court agreement papers, he was suppose to inform me if he couldn’t take care of his child but never did. He gave his mother temp custody secretively ANSWER BY MARGARET CROSS-BELIVEAU: If appears from your question that the family court has already issued an order about your involvement in you

Spouse passed no WILL, Bank Account in separate name, married since 2006, no kids, Small Estate Affidavit or ?

ADDITIONAL INFORMATION: My spouse passed suddenly last week married since 2006 no kids, currently married he had no WILL. We kept separate bank accounts he had a small business it was easier for spending. I am not listed on checking account and it’s around $55k am I to file Small Estate Affidavit or Informal Probate. I am just trying to have the bank account and no one will be trying to get to it. I just

I don’t want to be the executor of my mothers will. How can I remove myself of this obligation.

ADDITIONAL INFORMATION: I suffer from a lot of mental issues and cannot take the stress. ANSWER BY MARGARET CROSS-BELIVEAU: You do not have to accept the role of executor (aka personal representative). If your mother is alive, ask her to change her will and appoint someone else. If she has already passed, you will need to sign a document, a renunciation, where you decline to serve. Legal Disclaimer: Please note that this answer does not constitute

How to locate a known will and file for probate but live in the UK??

ADDITIONAL INFORMATION: I actually live in the UK. My aunt, who emigrated to the USA in the 60’s, passed away nearly 7 months ago. Since then we have contacted the Probate Court to find probate of estate has not been filed. We know there is a will, as my uncle (deceased), showed it to my father on his last visit to the USA. We have contacted the retirement complex numerous times by phone and email regarding

How do I get power of attorney and what is the average cost?

ADDITIONAL INFORMATION: My mother has Parkinson and dementia. She was recently hospitalized and is currently in a rehab center. I have always paid her bills and taken care of her even before the dementia. I am trying to get her help but I’ve come with the stumbling block (I don’t have P of A). I need to get this done but I first need to know the average cost. ANSWER BY MARGARET CROSS-BELIVEAU: If your mother

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.

Is it Illegal to put yourself only on a Deed to a house when there are 2 other owners?

ADDITIONAL INFORMATION: I am 1/4 owner of a property in Nh, my mother passed without a will so interstate succession applied and her 1/2 is Split between my brother and I. My aunt is the other 1/2 owner. She changed the name on the Deed to the house to only hers. She may have claimed she was the only living defendant left, even tho that’s not true. Just wondering if that is legal? ANSWER BY MARGARET

I may need an attorney willing to sue AT&T?

ADDITIONAL INFORMATION: My mother left her AT&T stock to me in her will. My sister (executor) is very spiteful now and claiming my stock as hers. Has even sold one of them. How can they assign stock without proof that it in fact belongs to the person claiming to be that person, since she has all my personal information for probate? I even sent AT&T a copy of the will showing them it was mine legally.

Trust distribution question

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

Can a Will be written to say that a home is left to remaining siblings but if they die their share goes back to the others?

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

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