Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2025

If your son is the beneficiary he can do whatever he wishes with the money when he inherits it. If you do not like that result you would need to prevail upon your mother to leave the money to a trust created by you or by her rather than directly to your son.

First, I am very sorry top hear about your loss. You can file informally to get someone appointed to handle the estate. Since there is real estate involved and no will, the personal representative may need to get a license to sell when it comes to sell the real estate, but this can be handled as... View More

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could depend on the carrier. I've seen carriers require re-completion of forms due to variations between legal birth names and regularly used names. There's no guaranteed prediction in how a... View More

You may need to file for voluntary administration or petition for probate so that you may be appointed administrator or personal representative, depending on the value of the assets he left behind. Once appointed, you can then transfer title.

Travis Jackson Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024

To claim the money you will need to be Personal Representative or Voluntary Administrator (for smaller estates) of his Estate. If you are, you will not assume his debt individually, the Estate would, the Estate needs to pay liabilities prior to distributing to its beneficiaries. If you have been... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

It sounds like a difficult situation you're facing. If you believe you are entitled to a portion of your parents' money that your sister took, you should start by gathering any documents that show your entitlement. This might include your parents' will, bank statements, or any other... View More

I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:

1. Review the Will and Estate Plan... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

Based on the trust clause you have provided, it does appear that as trustee you have fairly broad discretion to make distributions of trust income to beneficiaries. The language specifically gives you power as trustee to "make allocations, divisions and distributions of trust property"... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

In Massachusetts, if you were in a committed relationship with your partner for over three years and he expressed his intention for you to be taken care of after his passing, you may have legal grounds to pursue a claim against his estate. However, the success of such a claim would depend on... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

In situations where a trustee is responsible for distributing assets from an estate, they generally have a duty to act with reasonable care and prudence. If the figurines were part of the trust distribution and they arrived damaged due to poor packaging, the trustee might be considered negligent in... View More

A trustee has a fiduciary obligation to the beneficiaries of a trust and should act at least in a reasonably prudent manner. Be sure to save ALL of the packing materials, etc. and take pictures. Notify the trustee of the issue and ask about the insurance details for the shipment. In my opinion,... View More

If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2025

To prove undue influence in Massachusetts, you must show that the person making the will was pressured or manipulated to such a degree that their free will was overpowered. Courts generally look at whether there was a confidential or dependent relationship, whether the influencer had the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2025

In Massachusetts, proving undue influence in a will contest means showing that the person who benefited from the will manipulated or overpowered the testator’s free will at the time it was made. Courts generally look for four key elements: a **confidential or fiduciary relationship** between the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2025

You face a transfer‑of‑assets problem: MassHealth applies a five‑year look‑back to gifts of any asset, including real estate, and the October 2022 deeds for no consideration sit squarely within that period.

The sons’ use of the properties as their primary residences does not... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

In Massachusetts, the five-year look-back rule applies when someone applies for MassHealth (Medicaid) coverage for long-term care, not specifically to liens. If your mother-in-law transferred her home to your husband within that five-year window, MassHealth may view it as a disqualifying transfer,... View More