Questions & Answers

In Massachusetts, does my wife have to sign her consent on IRA beneficiary form to have my daughter as sole beneficiary of IRA?

ADDITIONAL INFORMATION: I want my daughter to be sole beneficiary of my IRA. I live in Massachusetts. ANSWER BY MARGARET CROSS-BELIVEAU: Massachusetts does not require spousal consent to change the beneficiary of an IRA. It is required for a 401(k). However, the custodian of the IRA may want the spouse to consent. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be

When someone is appointed personal representative to probable an estate can they be held personally liable for any debts?

ADDITIONAL INFORMATION: When someone is appointed personal representative to probable an estate can they be held personally liable for any debts or anything that may be done incorrectly regarding the probate process? ANSWER BY MARGARET CROSS-BELIVEAU: If the PR pays the debts without clearing the creditor period, then yes, the PR can be personally liable for improperly paying debts that don’t have to be paid. In Massachusetts, creditors must bring a lawsuit to perfect their claim

Would putting my husband’s name on the deed, save us form probate when his mother has to be put in nursing home or passes away?

ADDITIONAL INFORMATION: Trying to find the right and cheapest way to but my husband on his mom’s house. I don’t know if we should make a trust for the house or change the deed. I really don’t know what way to go. Mom has dementia and bipolar. She want to has us get the house without probate. ANSWER BY MARGARET CROSS-BELIVEAU: Having dementia doesn’t mean that one is incompetent. However, if your husband is not an

Is a Limited Power of Appointment in a Trust still considered countable “control” over assets? Are contents of Trust at risk?

ADDITIONAL INFORMATION: My father created an Irrevocable Trust (with multiple assets and properties in it), where I (his son) am the Trustee; but in looking it over I noticed a potential issue: it says he has a Limited Power of Appointment (to add/remove Trustees, Beneficiaries, etc.), which, to me implies a level of “control” over his assets (or countable assets?). Because the Trust was primarily setup for Medicaid (5-year look back), I’m concerned this still essentially

How can I get my son’s name off my deed?

ADDITIONAL INFORMATION: I put my son’s name on my deed so he would have no problem in case I died. I am trying to get a reverse mortgage and cannot obtain it with him on my deed and he will not take himself off. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: Unfortunately, once you gift your assets away, you can’t force the recipient to return it. If you take a reverse mortgage, the amount due

Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?

ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question

What are my rights as an owner of a remainder interest?

ADDITIONAL INFORMATION: My dad gifted me his house but reserving a life estate. Can he rent the house or call the police on me to leave the home? ANSWER BY MARGARET CROSS-BELIVEAU: Yes. Life tenant has reserved the right to live there and the proceeds of income of the property until his death. Unless his actions are negatively effecting the value of the real estate, you don’t have authority over the property. Follow us on Facebook

Are miles driven doing paid favors to friends tax deductible?

ADDITIONAL INFORMATION: For example if my roommate payed my $5 to drive a mile down to Walmart to pick up something would those 2 miles be deductible? To a greater extent if I went to Florida for a trip and my brother pays me to catch him a rare pokemon on pokemon go and our agreement states he is paying me for the drive there and back, would I be able to deduct the trip? Would

Can an estranged wife who disappeared more than 30 years ago challenge a will in relation to real property in Florida?

ADDITIONAL INFORMATION: I am helping an elderly disabled friend who fears his wife who disappeared more than 30 years ago may reappear after he dies and cause problems. He wants to will his home to a friend. To his knowledge, she knows nothing of the property where he had lived since shortly after she left. ANSWER BY DAVID M. BELIVEAU: If his wife is living, she will have spousal rights to his probate estate. Also, under

Can I change the amount someone is to inherit in my will without a lawyer?

My will is worded to leave nothing to my son, and any of his heirs. I’ve heard that they can contest if you leave nothing, but if you leave as little as a dollar, they can’t contest it. ANSWER BY MARGARET CROSS-BELIVEAU: A will can include a no contest provision which states that if any beneficiary contests the bequest is forfeited by the beneficiary. This works well if you leave a substantial amount to the beneficiaries.

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