My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... Read more »
If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... Read more »
My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... Read more »
Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.
A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.
If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.
If there is a uniform support order, and divorce was mediated and both parents waived having one pay child support, with notations by the Judge in the order, can another person modify the order stating that the parent didn't ever pay child support? The parent who supported is deceased.
This is a very confusing question , particularly if a Modification is being sought against an estate? If there is not an order of child support, is there an order relative to life insurance?
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... Read more »
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.
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.
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... Read 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... Read more »
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.
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... Read more »
How do I proceed to put house in my name so I may legally sell?
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... Read 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... Read more »
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... Read more »
Would the house still fall under part of his estate
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... Read 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 ?
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... Read more »
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.
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... Read more »
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... Read 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... Read more »
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... Read 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... Read more »
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... Read 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 -
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 ,... Read more »
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