ADDITIONAL INFORMATION: My two sisters, myself, and my deceased Dad’s live in caregiver are beneficiaries of my Dad’s will. According to the will, the caregiver can live in the house up to 6 months after Dad passed. At this time we can sell the house and split the profits. If the caregiver isn’t out of the house, what can we do? Do we serve her eviction papers and have to go to court to evict her?
ADDITIONAL INFORMATION: I was asked to be a friend of mine’s durable power of attorney he is incarcerated and is just too much for me to handle I would like somebody else to take over how do I take myself off a durable general power of attorney ANSWER BY MARGARET CROSS-BELIVEAU: You are not locked into acting as someone fiduciary agent. Your friend may execute a new power of attorney electing someone else as his fiduciary.
ADDITIONAL INFORMATION: A Quitclaim, which turned ownership of the house to her three kids for one dollar was drawn up in 2005. Mother is now in assisted living and my brother is buying out his two siblings’ share. Why would the lenders’ title company want my mother to sign a ‘removal request’ to get her name off the title? Wouldn’t the Quitclaim have accomplished that? And, if not, will Medicaid consider the date of the quitclaim
ADDITIONAL INFORMATION: My husband and his three siblings were deeded land via a “quit claim” by their parents. One of the siblings has passed away and did not have a will. Does his share automatically pass on to his spouse or would it pass on to his children?
ADDITIONAL INFORMATION: The father left me when I was 5 weeks pregnant and has not been involved …he is wanted for 3 warrants. He is a recovering drug addict. ANSWER BY MARGARET CROSS-BELIVEAU: First the paternity must be established. If you did not name the father on the birth certificate and you were not married, he would have to petition the court to establish paternity. Once paternity is established, he can request visitation or joint custody.
ADDITIONAL INFORMATION: The trust states at ages 21, 25, and 35, I could withdrawal certain percentages of the principal for family needs. At age 25 instead of taking 33% of 1.4 million, I agreed to purchase a home, go on vacation, and buy my now wife wedding ring. In the addendum, it states if I would like to purchase the home that I’m living in now I can have the opportunity to do so for $100,000.
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
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
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
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
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