Get free answers to your Family Law legal questions from lawyers in your area.
I haven't seen this relative in close to 12 years. And now she's trying to seek I believe power of attorney over my mother who is deceased to collect funds then my mother supposedly has. She claims that she will give us what is rightfully ours but I'm not sure if that's really... View More 
answered on Oct 16, 2017
Powers of Attorney are only given by living persons. Are you trying to say he's trying to be made executor/personal representative? The local COURT has control over such things, and will hear from all interested parties to get at what is in the best interest of everyone.
If you... View More
So all our bank accounts have both my SS # on it and my partners. ON my money and bank account, my name is first with my SS # and then my partners name is on it with partners SS # on it. We each have access to accounts and either one can take money out. They are owned jointly. But we each... View More
answered on Oct 13, 2017
Generally the survivor becomes the owner of the account and it is not part of the probate estate which is governed by the Will, but you should consider clarifying that this is the case in your Will by so stating that the account is not intended to be divided as part of the estate but is a... View More
I got this answer A: 'Judges often will speak with attorneys about logistics issues such as how many witnesses are anticipated, how much longer the trial will take, how many exhibits.......' etc.
I dont mean that I mean entire hearing. All that was said, asked, decided. My... View More
answered on Oct 11, 2017
Particularly if your ex does not agree to the move you will need to seek a Modification to Remove and the Court may appoint a guardian ad litem to determine the best interests of the child.If your ex does agree, it is still better to have a Joint Petition to Modify to Permit the Removal withe the... View More
My children and I have dual citizenship (Japan and US). My family lives in Japan and my ex-husbands parents live in Maine. I want to move back home where I feel my support network is. Is it possible for them to come with me? What if I offer Thanksgiving/Christmas holidays, birthdays, and summer... View More
answered on Oct 5, 2017
You would need to petition for a Modification permitting removal of the children. What are your former husband's thoughts on such a plan? if he opposes it would potentially be difficult. You have not stated the ages of the children and their circumstances. The Court can appoint a guardian ad... View More
answered on Sep 25, 2017
You need to consult with a real estate attorney to discuss the details of your goals in order to figure out the best way to structure it legally. Do not try to do this yourself using a form contract because there are many different possibilities and you don't want to end up doing it in a way... View More
My mother passed away intestate in Jan 2014. Recently, I was appointed PR of the estate. In addtion to myself, my sister and brother are the only legal heirs. The estate's only asset is the family home which is a multi-family, 3 decker, located in MA. Currently, my sister resides in the 1st... View More
answered on Sep 19, 2017
This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help.... View More
My grandfather had a wife and 3 children. In his will his wife gets 100% unless she dies. Then it states that child A gets 1/3, child B gets 2/3, and child C is excluded from any inheritance on purpose. Child A is decieced, leaving behind me, his son. Child B is deceased with no children. Child C... View More
answered on Sep 18, 2017
First of all until your grandfather dies he is able to change his Will if he is competent to do so. The language of the Will would be examined to determine who the devisees are and there are also the heirs who would receive notice so that a contest may occur. Without seeing this instrument it is... View More
We have filed the mother in contempt of scheduled parenting time as well as in contempt of the legal custody order, as well as a modification for additional parenting time. The mother had her daughter illegally record her father without his consent or knowledge in our vehicle after she behaved... View More
answered on Sep 15, 2017
Hello, does your husband have joint legal custody currently? If so he should be able to obtain medical and school information. As far as the Contempt goes, it appears that visits have been withheld and unless there is danger to the child alleged as a reason for withholding same, the Court will not... View More
answered on Sep 11, 2017
It depends on how your father's estate planning is structured -- it is not 'automatic' ... If your father had a will you will take whatever he provided for there. If not, you will take according to the plan set forth by the state legislature in the state your father resided.... View More
there is a life insurance policy that I am the beneficiary to but they will not give me any information about it until I can prove power of attorney.
answered on Aug 30, 2017
Hello, If you were the beneficiary of the life policy or if you were the only survivor as a contingent beneficiary, then you will need his death certificate and death certificates of the other contingent beneficiaries if you are the survivor. Now, that said, sometimes no beneficiary is named and... View More
My new husband has been their primary caregiver since my daughter was 3 and my son was 1.5, I am having a will written, (4 + years as of right now) would my husband have any grounds to keep the children should something happen to me? I would like the verbiage to read for them to stay in our home... View More
answered on Aug 23, 2017
The best way to deal with the biological father not potentially having custody of the minor children at your death would be to see if he would agree and your husband would agree to a step parent adoption. If the children are older than 14 then there should also be input from them as to their... View More
He has caused a lot of issues with Me. He accused me of elder abuse when I was taking care of her, but those charged were dropped.
answered on Aug 22, 2017
Why not have your mom draft and sign a new POA? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
So my mom and dad got divorce 2 year ago but they are in appeal trial for divide the estate. My dad got married to another women after the divorce but now my dad passes away so would his new wife going to inherent whatever going to him? or is everything the court diced to go to my dad is going to... View More
answered on Aug 17, 2017
Is there a will or trust? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
answered on Aug 16, 2017
The issue is whether your father was competent to execute a deed. If he was competent, then there are potential questions concerning whether he was under duress or undue influence. These are all tough issues to prove, but sometimes the facts are clear and inescapable. You should meet with a... View More
This is over a divorce that is pending my wife filed last year's taxes she got $3,000 for return because of the way she filed and I have to pay in $1,000
answered on Aug 16, 2017
The question of the liability allocation for taxes is part of the divorce proceeding. Your counsel should be made aware of what took place to generate this tax bill.
My ex was paying child support every two weeks. We are using the MA child support guidelines form to calculate my amount of support to him now that the kids will be living with him. Right now I don't have a job, and income is low. Adding in the benefits we get now towards the income will... View More
answered on Aug 15, 2017
Hello, No, you do not include the child support you are receiving involving the same children. You should be aware that there are new Child Support Guidelines going into effect in September which you should look at and they are posted on the Mass.gov website. They take into consideration a number... View More
My half brothers adoptive mother is taking him to family probate court to try and remain his legal guardian once he turns 18. She is falsley claiming he is incapacitated and her attorney has sent me a waiver of sureties to sign. My brother is a normal functioning 17 year old with no mental or... View More
answered on Aug 4, 2017
Is he incapacitated or incompetent, according to a doctor? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
I just want to be legally recognized as her father!
answered on Jul 25, 2017
If you have been designated the father on the child's birth certificate, that would be a positive sign. There is a Paternity Petition through the Probate Court covering the locality where the child was born or resides and you can seek to establish or acknowledge paternity. You can also seek... View More
We need a form of agreement to sign to determine every thing in case of divorce
answered on Jul 26, 2017
You'd need a prenuptial agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
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