Questions & Answers

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

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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. 

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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

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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.

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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

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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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Is a POA entitled to any payment as part of the estate settlement process?

ADDITIONAL INFORMATION: I served as my father’s POA for 2.5 years before his passing. ANSWER BY MARGARET CROSS-BELIVEAU: The answer is maybe.  Usually an agent under a durable power of attorney is entitled to reasonable compensation albeit the document itself may not allow the payments (which is rare).  You would have needed to have kept a log of the hours you worked.  Different tasks can demand different pay schedules. Legal Disclaimer: Please note that this answer

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Trusts and asset protection

ADDITIONAL INFORMATION: Trust language specifies that after main beneficiary dies that the two remainder beneficiaries can receive their share as a total distribution after they reach age 25 if they request it. So they have the option of keeping some or all of their share in the trust per their request. Does this language offer the beneficiaries asset protection from divorce or creditors? If not, can anything be done to provide asset protection? The trust is

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Executor for will

ADDITIONAL INFORMATION: I have been named as executor for my parent’s will. For many years I have been his full time caregiver. I have few assets and basically no credit history. He left a house and a summer cottage. I am thinking it would be much better for my brother who has an excellent credit history and assets to become executor. I doubt I could be bonded as executor. Any advice/thoughts greatly appreciated. ANSWER BY MARGARET

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Can workers compensation put a lien on law suit money ?

ADDITIONAL INFORMATION: I’m on workers compensation and I’m suing the people responsible for it. Is workers compensation entitled to some of the money? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, worker’s compensation is entitle to recover money it advanced to you.  Your attorney may be able to negotiate a lien reduction. Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is

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