Questions & Answers

I am heir to a portion of my grandpas estate and home with sister, brother, aunt, uncle. Can’t sell because brother has liens.

ADDITIONAL INFORMATION: Grandpa had 3 kids and my dad passed away before grandpa and me , my sister and brother own my dad’s portion of home. My uncle lied to us about not being able sell the home due to my brother tax lien and we waited for 2 years and now he said the title search came back with my brother now has 30k lien on property and we cant close. We want to know

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I have two sisters and we all got 1/3 of money that comes in each year! My sister died so where will her share go?

ADDITIONAL INFORMATION: It was not stipulated in will if any of us die before the 5 years are up! It also doesn’t say pay to next of kin in the will it only states the money is divided 1/3 each! What do we do because my brother in law is asking for the money! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You need to consult with a probate attorney to review the will and its testamentary trust. 

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If a living trust and last will gets modified within 180 days of death, is it valid?

ADDITIONAL INFORMATION: I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill. How many days must pass before the newest last will/living trust is valid? Is there a minimum number of days that

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Can my siblings petition my mothers “irrevocable trust” to have me removed if I have done nothing wrong?

ADDITIONAL INFORMATION: My brother and sister have indicated that they want access to my moms money in the bank and will get a lawyer to help them. I am the sole trustee and POA for all of her assets and medical care and have done nothing wrong. Can they have me removed by majority, as the other two beneficiaries? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: As Trustee, you are allowed to hire experts to help you

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Should I include survivorship language in my deed, I am not married and I am the only one purchasing the property, ?

ADDITIONAL INFORMATION: I have two children.  I am the only one purchasing the house and I am not married.  What type of deed would be best for me? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should always consult with an estate planning attorney as there are many options.  Which one you pick depends on your age, your financial situation, and the ages of your children and grandchildren. If you add other people as joint owners on

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Can I file for compensation as a caregiver and daughter against my mothers will?

ADDITIONAL INFORMATION: I was caregiver for my step father when he had terminal cancer for five years, also for my mother during and after that time. This was a twenty four- seven situation which included all aspects of care for them plus taking care of their home inside and out. I had to move in with them as they could not be left alone, putting my entire life on hold for a period of approximately ten

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Mom has stage 4 dementia. Can she make financial decisions and changes regarding the trust?

ADDITIONAL INFORMATION: Mom and dad set up a trust in 1993. Dad was a farmer and passed in 2001. The trust states that my brother may farm the land at fair market value.  Mom is 87 and recently fell and broke her hip. She has been diagnosed with stage 4 dementia. Mom will probably need extra care (assisted living, nursing home type care). Checking moms finances, I realized my brother, who is a trustee, has been

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Does a living trust have precedence over a previously written will?

ADDITIONAL INFORMATION: My mother in law recently passed away. She had been going downhill since she had surgery August of 2016. She was showing signs of dementia and it got worse as the days went on. Her previous doctor even has that in her medical records. Before she had surgery she filled out a will.  She had four children. In the will she left all four children equal shares of real estate that she owned. In

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If an individual has been married to someone for 4 months, does the surviving spouse have Spousal Rights??

ADDITIONAL INFORMATION: Is the surviving spouse entitled to exercise their right in the sale of property, if the deceased spouse was a joint heir to property before they died! Does the surviving spouse have the right to confirm or deny the sale of the property? If the couple actually lived on the property does the surviving spouse have to move? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: This is not a straightforward scenario. You state that the

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When someone is made executor should there not be some bookkeeping records provide to the others named in the will?

ADDITIONAL INFORMATION: Brother is executor. All was to be divided equally, only the executor knows the full amount in the estate, there have been some shady purchases. Has caused a divide in the family, feel there should be some accountability for the executor to be sure they are following the requirements of the will. Bank statements list of expenses. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Personal representatives are required to file an inventory within 3 months

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