Questions & Answers

My mother passed away a few days ago. She has a conservator. What things does she handle and what things do I need to attend to?

ADDITIONAL INFORMATION: I am the Executor of the Estate. I have never had to deal with this issue. Also what has to been done with her guardians now that she has passed away? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: The conservator’s authority over your mother’s assets ended upon your mother’s death. The conservator will still have to file a final accounting with the court. Your mother may or may not have had assets which need to

Does my 94 year old father need a living trust or do I need him to have one ?

ADDITIONAL INFORMATION: My father is involved in a case in probate over his decreased wife’s estate. It could be worth about 100k. If he passes away would there be a problem in continuing the lawsuit if he doesn’t have a living trust? I have POA and am executor of his estate but wouldn’t there be a period when I couldn’t do anything ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Only a personal representative/executor can continue a lawsuit

What does the Trust Protector do?

ADDITIONAL INFORMATION: Trustee will not give me the name of the Trust Protector and the purpose of this role. I was told “it doesn’t matter.” Is this something I need to know as a beneficiary? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A Trust Protector is a person who oversees the trustee’s administration of the trust. A Trust Protector may or may not be appointed when the trust is executed. An appointment of a Trust Protector could

My sister has gotten my mother to give her fiduciary power, even though before her dementia her Will gave it to my cousin.

ADDITIONAL INFORMATION: How do I prove undo influence? I have an unsigned Will only. My sister refuses to speak, nor share documents or Drs. info. Not even between lawyers. I have proof my sister took $10,000 in 3 months; I doubt my mother needed anything. She put lots of money in her own name; and moved it back when I put pressure on. As my sister is Power of Attorney, how do I stop her from

I have a will but want to provide for my nieces and nephews, do I need to establish separate trusts for each of them?

ADDITIONAL INFORMATION: All of my nieces and nephews are under the age of 18. I want to be sure that they are the direct beneficiaries. I also want to prevent my drug addicted brother from getting any of the funds. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should establish a trust and fund it during your lifetime. Upon your death, the assets will be held or distributed as you have directed in the trust. The trust

If there is a family trust, does the land in the trust have to be redeeded when 1 member dies?

ADDITIONAL INFORMATION: There is a family trust that holds land (it’s only asset) and 1 of the members died leaving his share to his child. Does the land need to be re-deeded to include the child who is an adult? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: The trust owns the real estate. If a Trustee dies, that death is addressed on the deed transferring the real estate out of the trust, whether by a sale to

If person holding power of attorney adds name to parent’s bank account and parent goes to nursing home, is person liable to pay?

ADDITIONAL INFORMATION: Parent is hospitalized in one state and unable to function clearly. Person with power of attorney lives in another state. Person with power of attorney has not set up bill pay with bank because parent previously was able to write checks. Person is considering placing his name (or a sibling’s) name on bank account in order to gain access to pay bills. If parent needs to go to nursing home, will the nursing home

If a person has nothing in his name he is to inherit property &business can a lien be put on his inheritance if convicted of personal injury?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Has the person died yet? If not, my answer would be for the grantor to change his Will and/or trust so that the assets are not transferred to you. The grantor should create a spendthrift trust for your benefit. This means that you have no right to the assets. The Trustee may make distributions to you but would not be required to do so. Those assets could not be touched

Is it legal for a friend to will his home to me if there are living family members?

ADDITIONAL INFORMATION: My close friend has appointed me executor of his will and it includes leaving me his home and all the contents. He has living family members and I’m concern they will contest even though they are receiving other assets. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A person’s Last Will is valid as long he had testamentary capacity, is over 18, and the Will has been witnessed. If your friend is of sound mind, he

Can we stop a nominated executor from filing probate ? We are seeking in process of uncontested guardianship.

ADDITIONAL INFORMATION: My sister is POA for my mother and father. Her 4 siblings have filed for guardianship after 2 yrs of obvious receipt from her concerning our folks assets , her obvious drug issues, misuse of both cash& credit and the selling of our parents house and estate without honest disclosure. Father passed 3 days prior to the first hearing in which she perjured herself concerning a lapsed life insurance policy which was discovered by

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