Questions & Answers

Do I inherit my estranged spouse’s estate if no other survivors?

ADDITIONAL INFORMATION: Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law in Mass regarding inheritance of a separated spouse? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Massachusetts law, until the divorce decree

Pending personal injury settlement needs to be put in special needs trust for disabled senior – what is best way to handle this?

ADDITIONAL INFORMATION: Elderly mom will be receiving personal injury award. Expected to be $100K – $200K after lawyers & others are paid. Since mom is on Medicare & Medicaid, she’ll need a special needs trust to ensure that she isn’t disqualified from these government programs. Questions: 1) Since Medicare/Medicaid are means-driven programs, the recipient can’t have more than $2000 in assets. Does that mean the max she can withdraw from the trust is $2000?

How do I get a copy of my deceased mother’s will? Does a trust take prejudice over a will ?

ADDITIONAL INFORMATION: I’m an heir in the will as well as the trust. I’ve never received a copy of the will (from the executors) nor the trust ( from the trustees) ATTORNEY ANSWER BY MARGARET L. CROSS: A will and a trust work hand in hand. They do not cancel each other out. A will may establish a testamentary trust or it may fund a trust which your mother created during her lifetime. Have your requested

I co-signed for my son when he bought a home.

I may possibly need a group of several attorneys?

If I give a durable power of attorney with full authority can I still give a will to somebody else or do I give up that

ADDITIONAL INFORMATION: I gave full poa to my friend 5 years ago and gave a will to my sister a few months ago. is that will valid. ATTORNEY ANSWER BY MARGARET L. CROSS: A durable power of attorney is a document in which you give another the right to make financial

What actions can be taken?

ADDITIONAL INFORMATION: Our father died 7 years ago. Left the house to my brother and i. My brother lives in our father’s house and owes me foe half of what it is worth. He promised to pay 3 years ago but nothing has been received. ATTORNEY ANSWER BY MARGARET L. CROSS: As a joint owner, both you and your brother have full rights to use and occupy the home. Your issue is not an estate administration

I, a beneficiary, have requested a copy of my Uncles’ trust but haven’t got any response.

ADDITIONAL INFORMATION: My Uncle past away a year and a half ago. I have requested a copy of the trust from his trustee, and the trustee’s attorney several times.

I was served with divorce papers and she has power of attorney on me. How do i get it removed?

ATTORNEY ANSWER BY MARGARET L. CROSS: To revoke a power of attorney, you will need to sign a revocation document and deliver it to your future ex-wife. You should also execute a new power of attorney. Also, you should execute a new Last Will and Testament because if you die before you are divorced, she will inherit all of your probate property. Beliveau Law Group: Massachusetts | Florida | New Hampshire The estate planning attorneys at the

In MA are assets in a revocable trust counted for estate purposes?

ATTORNEY ANSWER BY MARGARET L. CROSS: Massachusetts has a $1,000,000 threshold (not an exemption) to determine if the decedent owes Massachusetts estate taxes. All assets owned by the decedent, including what is in a revocable trust, are counted. This includes life insurance, jointly owned property, revocable trust assets, as well as many others. Also, if the decedent made taxable gifts during his lifetime, he would have effectively lowered the threshold from the million by the amount

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