Questions & Answers

Do I have the right to know my deceased mother’s assets and to see her will? What rights, if any do I have at all?

ADDITIONAL INFORMATION: My mother passed away Feb. 14, 2017. My father left approx. $1.5M in their shared bank account. Before my father passed, I was separated from my husband, so he signed over the house and everything in it. I had no assets of my own, as my husband was very close to filing for bankruptcy. My sister took my mother with her to MO. and was supposed to live with her. However, my mother moved

Do I have any rights to a property that I am on the loan and a verbal agreement is made, but I am not on the deed?

ADDITIONAL INFORMATION: I made an agreement with someone that we would both buy a property and have shared interest, but that the other person would be the only one on the deed. I have filed taxes based on that agreement. There was a personal dispute and now the person is claiming full ownership and denying any agreement we had even though it has been established in emails, texts, and through federal tax submissions. Do I have

My father is drafting a will and making me a sole beneficiary, my question is sheltering these assets from my debt and leins

ADDITIONAL INFORMATION: The inheritance is free and clear and positive in a financial sense. But I have legal medical, and other debts… my question is can they force me to liquidate by leins or the sort and what would be a adaquate Means to shelter these assets from any interests so I can inherit what will be left to me as owner the inheritance is Real property 2, 3 parcels and vehicles and personal effects and

Can my sister legally file for Probate without me waiving my PR rights to her ?

ADDITIONAL INFORMATION: My sister has not provided me with my father’s will, death certificate, his bank statements ( which she still has open after death) and any other legal documents of interest. I am afraid to give up my PR rights at this point in time because I am not sure of her honesty and integrity concerning my father’s estate. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: The Personal Representative is named in the Will. You

What if the deed was not signed before the death of the grantor of an irrevocable trust.

ADDITIONAL INFORMATION: My uncle had an irrevocable trust drawn up for my grandmother ( his mother) so he would get the house. Does the deed need to be signed before the death of grantor? Next question if the granddaughter lived with and cared for grandmother for 44 years and the grantor/ grandmother dies and uncle wants to sell the home should the granddaughter get copies of court hearings and from the attorneys as the heirs did?.

How can I obtain guardianship of individual?

ADDITIONAL INFORMATION: My husband and I currently have permanent guardianship of our 17 year old grandson. The issue is when he turns 18 years old we have been informed this expires and we will have to go before the Courts again. He has been diagnosed with Autism, ADHD and Mood Disorder Unspecified. Also, history of PTSD and Oppositional Defiant Disorder. He is unable to complete life decisions, is easily persuaded by others into unfavorable decisions (some

Can I make out a check for funeral

ADDITIONAL INFORMATION: I was P.O.A. for someone who just passed, her wish was to be cremated. Now that I have had the funeral home take care of this, I need to know if I can write a check out to the funeral home. It is my understanding my role as P.O.A. ceased as of her passing. what can I do. there is no executor of her estate ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: As power

Will my ira, 401k and/or annuity which have charitys as beneficiarys protect my 1.4 mill estate from estate tax?

ADDITIONAL INFORMATION: If the answer is no,would it work to give these to charity be for my demise? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Provided that your charitable deductions after your death bring your estate value below the Massachusetts 1 million dollar threshold, there will be no estate tax due in Massachusetts. A Massachusetts estate tax return will still be required to be filed as your taxable estate started at an amount above a million

Can my sibling be evicted from my step father’s home after he dies?

ADDITIONAL INFORMATION: My sibling was living with my step dad for 4 months before his sudden death, now my step brother who was named as the executive of the will has told her she has to leave. What rights does she have? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: If she is a beneficiary of the will, she may have a right to continue to live there if the will grants her an ownership interest in

How does Power of Attorney work when the person it’s transferred to also transfers their own?

ADDITIONAL INFORMATION: My grandmother is in her 80’s and still very active and mentally “with it”. After a recent hospitalization, though, she decided to transfer Power of Attorney to her only child, my father, just to be prudent in case of future situations. Separately, during the past month, my father has been diagnosed with Stage IV cancer that is terminal. He has signed over his OWN Power of Attorney to his wife, my stepmother. Where does

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