Questions & Answers

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.

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

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