Questions & Answers

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

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

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

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

Stepmother did a lady bird deed to her son and cut us right out of the will . 2 weeks after fathers death

ADDITIONAL INFORMATION: My dad passed away in 2014 . He had a will and stepmom had a will both basic mirror wills . My dad actually gave me copies of both and it named me executor in both of there wills . Before my dads death he called me up very upset he lived in Florida said I’m going to my bank and changing you to beneficiary . He said stepmom and stepson are aggravating him

How does a living trust work?

ADDITIONAL INFORMATION: I spoke to an elder care attorney about my mother going into a nursing home. I told him I have POA, healthcare surrogate and Will with me as executor. I had concerns about my mother’s home. My sister has been caring for her in our mother’s home for 4 years. She has Alzheimer’s and it’s time for her to be in a nursing home. He advised me what paperwork to get together and that

Does my grandmother have any right to clear out my father’s house & keep what she wants?

ADDITIONAL INFORMATION: My father recently passed away. He had a seizure, hit his head multiple times & was unconscious for 5 days before he passed away. My grandmother was notified when he was in the hospital the 1rst day. She didn’t call me or my brother’s until the 2nd day. By then the hospital gave her my father’s personal things ie keys, wallet etc. She went into his house & cleaned it out while he was

Can I get reimbursed? My ex-wife is paying the mortgage late intentionally?

ADDITIONAL INFORMATION: I divorced my wife 3 years ago. The judge awarded her full custody and residency (not ownership) of my home, even though my name (only) is on the mortgage loan. My ex has paid the mortgage late over the past two years, hurting my credit and has now moved out of the home. It appears she will try to let the home go into foreclosure, while still trying to make it appear that she

What can I do if the executor of a will is refusing to follow the wishes in the will?

ADDITIONAL INFORMATION: My mother left her estate to her 5 daughters equally. (per her will). The executor, one of the daughters, is not executing her wishes. She will not even speak about it. She did not tell us about the will. We found out by writing several lawyers in town. It has been over 2 months since our mother passed. She (the executor) has all ready taken property out of the house which was supposed to

Selling a house in probate in Massachusetts

ADDITIONAL INFORMATION: I understand there is a year for creditors to submit claims to the estate. Does this mean the heirs have to wait a full year to sell the house? Thank you! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Yes, you may sell the house during probate. In order to pass a clean title to the buyers, a formal probate proceeding is required. Unless the will has specifically waived the requirement, the personal representative will need

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