Questions & Answers

How do I register an international divorce?

ADDITIONAL INFORMATION: My (non-US citizen husband) and I married both in Taiwan and in USA? We divorced amicably in Taiwan. I’d like to register the divorce the US . There are no settlement issues. We have two adult children and one child still under the age of 18. I have sole custody. We executed the Taiwan divorce agreement in both English and Chinese. I’d also like to reclaim my maiden name. ATTORNEY ANSWER BY MARGARET L.

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How do I enact a power of attorney?

ADDITIONAL INFORMATION: My Mom has been giving her money to a scam artist. So far l think it’s about $150,000. She thinks she is going to marry this guy she’s never met. The police have been called by 2 different banks and they have explained that she could go to jail for money laundering but this is not stopping her. I am her poa but how do I get it enacted ATTORNEY ANSWER BY MARGARET L.

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Can you make a trust trump a will

ADDITIONAL INFORMATION: My Grandfather died leaving money and assets to my father who was alive when my grandfather died, now my grnadmother still lived but went behind my fathers back and made a trust to kick him out of the will and had thier attorney never settle the will after my grandfather died and now doesnt want to give my father anything. they told us she made the trust to trump the will can they do

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My mother died so I was appointed the PR over the estate when I did the deed of distribution I did it in all Four heirs name

ADDITIONAL INFORMATION: My brother has been told he has cancer so it was to my understanding that the estate would be left to the other three to keep things straight ; then after his sickness 2 heirs had words leaving their share to the youngest of their gran children is this possible ? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: As personal representative, it is your responsibility to distribute the estate assets according to the terms

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Is my tax preparer liable for understating my income ?

ADDITIONAL INFORMATION: My tax preparer did not include my wife’s Social Security income on my 2015 Federal and State taxes. Now I received a bill from the IRS, plus interest charges. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: You are still responsible for the tax whether or not he failed to input the data into the return. As a taxpayer, it is your responsibility to review the return before you sign and submit it to the

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Tax consequences of foreclosure and capital gains.

ADDITIONAL INFORMATION: My mom passed away in September 2014. Her mortgage co filed foreclosure a month later. $74,000 was owed on the original debt, but unpaid taxes and fees made it closer to $104,000. Property sold for a profit in June 2016 and her estate received a check for $10,000.   Mortgage co reported original debt of $74,000 and sale price of $114,00, meaning it looks as though her estate earned $40,000 instead of the $10,000 received.

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How do I decline my inheritance?

ADDITIONAL INFORMATION: I do not want to accept any inheritance that my parents may leave me. Can I just write a letter and have it notarized or is there some type of legal form/letter that I need to fill out? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: To decline a gift or inheritance, you need to execute a disclaimer. In order for the disclaimer not to have any effect on you for estate or gift tax

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Can my sister force my disabled sister out of the family home?

ADDITIONAL INFORMATION: My sister is disabled and living in our mother’s home. My mother now resides in a memory ward of a senior living facility. My other sister wants to kick my disabled sister out, but she’s on disability and can’t afford housing. She claims that they need to sell the house in order to pay the $5000/mo facility cost. Please advise ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Assisted living bills need to be paid

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Procedure for transferring property, which is already designated to be gifted to someone in a will?

ADDITIONAL INFORMATION: The person who has the will, is the Mother of 4 children. She is also diagnosed with mild dementia. She has decided to give one piece of her property to one dependent, but it was set to be given to another in her will. The 4 dependents are all in favor of this gift. However, there is a piece of property that the dependent who is going to be gifted this property is due

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