Questions & Answers

North Carolina trustee for Massachusetts trust

ADDITIONAL INFORMATION: A non grantor complex Massachusetts trust has a North Carolina trustee and one beneficiary in Massachusetts. There is no Massachusetts sourced income to the trust such as real estate rental income, only income and gains is from stock and bond portfolio. Should the trustee file a Massachusetts or NC trust tax return along with the federal return? The trust language allows the trustee discretion to allocate income and capital gains back to the corpus

What Happen if my Trustee could not perform the duties due to illness, and what happen if she die.

ADDITIONAL INFORMATION: My husband past away on last end of year. he pointed 2 persons for successor trustees. one of them already past away 7 years ago. and the estate attorney filed pleadings to appoint other one to be my trustee. Now, I have a question, my trustee has serious health condition ( heart disease) and she could not perform any duties. (basically I have to do everything for her) so I would like to know

Does a beneficiary of an IRA payable upon death amount satisfies an amount designated to be left from an estate in a will?

ADDITIONAL INFORMATION: In Massachusetts, My dad left his IRA payable upon death to my brother and myself 50/50. His will states $50,000 for each of us. His IRA is not in the will. His cousin gets what’s left over from estate. Does the fact he left us money in his IRA satisfies the will’s listed amount or is that from the sale of his house? The financial advisor says the IRA is a contract and has

Am I still obligated to pay?

ADDITIONAL INFORMATION: My mother has had 2 strokes within the past year. The 2nd stroke was severe enough that my mother needed to be placed in a long term/nursing facility. According to the admissions person at the nursing facility, my mother’s 100 days of Medicare ended 9/15/16. Mom was Medicaid eligible as of 7/1/16. The nursing facility sent a bill for the resident responsibility for the entire month of September. Since Medicare coverage was until 9/15/16

Is it necessary to have a will if you have beneficiaries on everything?

ADDITIONAL INFORMATION: Beneficiaries are on everything. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Assets with beneficiary designations typically avoid probate. Occasionally things go awry if a beneficiary predeceases you and alternates are not named. The account could end up going to a person you don’t want, a minor, or the deceased person’s probate estate. Owning property jointly with another is risky because the joint owner has total access to the account. This means that the joint

How should I disperse savings of a deceased sibling of whom I was the guardian

ADDITIONAL INFORMATION: My brother passed away recently I was his Guardian he has money in the bank with my name as representative what should I do with the money he told me to split it up amongst the siblings and Dad can I do this legally ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Your representative payee and guardian status ended upon your brother’s death. The bank account will need to be probated. The assets will be

If a house is forclosed by the bank during probate is the PR and others named in the Will be liable or responsible for any unpaid

ADDITIONAL INFORMATION: I am the PR or executor of my mothers will. I entered into probate as there is a house to consider in the mix. I am no longer able to make payments and thought I would have time before forclosure but did not. Will I and my siblings be liable for any part of the unpaid mortgage? will it affect our credit? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Only the estate is responsible

If my son did not leave his parents as beneficiary, could we get his roth ira and ira transferred to our name?

ADDITIONAL INFORMATION: My son who is 35 years old passed away suddenly. He is unmarried and has no issues.He kept us , his parents as his beneficiary for his 401k but did not keep anyone as beneficiary for his ira and roth ira. could we get his iras transferred to our name as we are the beneficiaries as parents or do we have to get a lawyer? Does his iras go into an estate as there

Can I file an Affidavit of Indigency to waive a probate of will fee?

ADDITIONAL INFORMATION: I had to probate a will using an MPC-170 form (Voluntary Administration Statement) and there was $115.00 fee, which I just couldn’t afford to pay, not without depriving myself of the necessities food, clothing, shelter, or paying related bills. The clerk specifically said that I could not file an Affidavit of Indigency for probating a will and could not waive the fee. I had no choice, I had to pay the fee. Now I

Can I file a lien on someone who is in the process of selling their home?

ADDITIONAL INFORMATION: My siblings, prior to my mother’s death, got dementia-stricken mother to take everything out of parent’s bank account and give it to them for safe keeping. Father will not sue his children for $87,000….besides, four out of five children have already received and spent their equal portion. I, the youngest and mother’s caregiver who knew that every morning mother had clarity and asked that their money be returned, have not received my equal portion.

Florida

Massachusetts

New Hampshire

Beliveau Law Group