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answered on May 25, 2021
The will only need to comply with the laws of the state in which you reside when the will is made. HOWEVER, do understand that if you create a will-based estate plan, then your estate will have to undergo the probate process in two states (every state in which you own real property). You can... View More 
answered on May 20, 2021
It sounds like he is not on the title and did not pay toward its acquisition. Sharing living expenses should not result in an equitable interest. However, if he makes renovations or additions or pays for major pricey repairs, this could be problematic .
I was wondering if the properties in Mass have to be reregistered at some point or is there anything about the trust setup thats common I have never done this before. Any help is greatly appreciated.
answered on May 18, 2021
If the plan is for the irrevocable trust to own the properties, and the properties are real property, you need to convey the properties by deed from whoever owns them to the trust.
answered on Mar 29, 2021
You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any... View More
My wife and I have 1 single home jointly owned, and a 2-unit rental in my name only (had it since before marriage). We agreed, since we have no kids, after we’re gone, our inheritance goes to my nephews and niece. Wills have been drawn up, if I go first she gets all, the same if she goes first... View More
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answered on Feb 19, 2021
This is a very common concern and there are definitely ways to solve this problem, but this is not a do-it-yourself project. You should hire an estate planning attorney to help you with this. The attorney will explain to you the pros and cons of the various solutions.
Or would the items be a part of the remaining trust property and be distributed to the beneficiaries of the trust? Items in question are furnishings, paintings, clothing, family photos and jewelry. There is no memorandum in the will with these items.
answered on Feb 12, 2021
Your question is confusing, the "'use and occupancy right' in the will" and a reference to "trust property" implies that there may have been a testamentary trust established. The items within the residence that are not "fixtures" are governed by the will... View More
How do I proceed to put house in my name so I may legally sell?
answered on Feb 1, 2021
If all of the children are of your marriage to him or are yours and his, then you take all of the estate. However, you will need to commence an estate in the Norfolk Probate Court if that is the residence county and seek appointment as Personal Representative and notify MassHealth Estate Recovery... View More
Would the house still fall under part of his estate
answered on Jan 20, 2021
While it appears that If the title to the real estate was not in grandfather's name then he already transferred it to your mother and thus does not appear to be in grandfather's estate, but were there other facts??? This question is Not susceptible to a black and white answer without... View More
Date Mother passed until sale as other daughter refused to sign sale papers if expenses were reimbursed. Expenses were placed in escrow until agreement made. A small claim suit was filed to force release of escrow, but a counter suit was filed for financial and emotional distress. What type of... View More
answered on Jan 31, 2021
A Massachusetts attorney could advise best, but your post remains open for two weeks. I'm sorry for the loss of your mother. As a GENERAL matter, there is a tort law cause of action called intentional infliction of emotional distress - but this sounds like it might be something more along the... View More
My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?
answered on Dec 29, 2020
Your question: "My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?"
Based only on what you write, none.
Eldest child 30 yr long criminal h/o not involved in family started coming around. Slowly manipulated mother english only spoken reading minimal. Began causing conflict against the youngest. Identity theft other crime reason father clear to keep eldest away knew she would steal money if gained... View More
answered on Nov 15, 2020
If you do not have a statute of limitations problem since this case goes back to 2017, you must immediately retain an estate litigation attorney. A general legal Q&A forum like this one cannot give you the help you need.
answered on Oct 20, 2020
Assuming the decedent was a Massachusetts resident for this response- this would seem to be an easy question, but oddly it is not. As the child of the deceased you would need to be notified whether there is a Probate Petition filed regardless of whether there is no Will or If there is a Will and... View More
answered on Oct 5, 2020
The CDC moratorium forbids landlords from attempting to evict tenants for non-payment of rent if the tenants meet certain financial hardship guidelines:
- Make less than $99,000 (or $198,000 if they file a joint tax return)
- Be unable to make full rent “due to substantial loss of... View More
I am a 53 year old male who has acquired over $1 million dollars so far in net assets. $700k retirement and $400k home equity. I am still working and will for another 10 years and currently max out my retirement.
I have life insurance while working but I developed a serious cardiac... View More
answered on Sep 3, 2020
There are several options that can help protect your family. You not only want to think about your medical expenses but also estate taxes because your assets appear to be over the $1 million estate tax exemption. This situation is one that you would be better discussing with an estate planning... View More
My husband is Durable POA, we need to get my FIL into more suitable housing (without stairs) and found a place, and plan to use a HELOC on his current residence (free and clear) to finance about 25% of the purchase. Then once he’s transitioned we will sell the current residence which will... View More
answered on Aug 19, 2020
Your question was very confusing but you seem to be asking how to determine if the power of attorney instrument was recorded in the Registry of Deeds? If so, there is a public records check system on line through the Secretary of State's Office. If the document was not recorded it can be... View More
Bills to the state for long term facility care which he was never in one how do we go around this? It’s been impossible to get a straight answer from any attorney so far -
answered on Aug 18, 2020
Regardless of whether there was a Will or not the Division of Medical Assistance Estate Recovery Unit has an automatic lien at the elderly recipient of MassHealth/Medicaid services death on the decedents assets. The Estate Recovery Unit can open an estate to recover the lien for said services ,... View More
My father died with a bank account with the name of an ex-fiancee still on it as a joint holder. She hasn't ever used the account as far as I can tell. She (and her current husband) want the money in the account to go to myself and my sister. Unfortunately she doesn't have an online login... View More
answered on Aug 6, 2020
Assuming your father was a Massachusetts resident for the comments: Are you the Personal Representative of your father's estate? If so, you need to contact the bank involved and provide them with your Letter of Authority and Federal Taxpayer ID for the estate and some form of authorization by... View More
I am afraid my husband will leave me out of his trust due to the acquisition of property he and his sister just inherited from his father due to his death.
answered on Aug 3, 2020
A spouse can create a trust for him or herself without including the other spouse in it as long as that property belongs only to that person. If a husband inherits property he may create his own trust unless there was a stipulation with the inheritance that he had to include his wife as a... View More
It's over 40 pages of legal writing I do not understand and haven't heard a word from either her husband my stepfather, or the trustee The woman who is co trustee, and drew up the will. It's a wealthy will. I need to know what my rights are and what were entitled to if anything. Can... View More
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answered on May 4, 2020
It is not possible to tell you what your rights are under the will without reviewing the will. Take the will to a probate attorney in your area for review and advice. Most likely a probate (court) case will need to be commenced to administer the terms of the will.
She called to say she is his sole heir.
How do I find out if this is legit?
He lived in CT.
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answered on Apr 22, 2020
If your brother did not have a will, then her statement is not legitimate. If your brother had a will made after he divorced her, then it is theoretically possible (but in my experience not likely).
It sounds like you are the next of kin. You can hire a probate attorney to open a... View More
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