Ali Shahrestani, Esq.'s answer Have you opened a Probate matter in Court to deal with these burial and other inheritance issues? See: https://www.mass.gov/orgs/probate-and-family-court. It's a good idea to hire an attorney to navigate these issues along with any issues re: the validity of the charitable donations, the funeral home expenses, and the money held by your aunt re: the services. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
Lillian J. LaRosa's answer She should at least have a Will nominating a guardian for the minor children. The best route would be to also have a Guardianship petition or at least temporary guardianship addressed by the Court taking into consideration his unsuitability as a custodial parent as being not in the children's best interests.
Lillian J. LaRosa's answer Looks like a helpful comma was missing and if so and husband survives, then he receives except for any property of which the testator had power of appointment, and not the others unless husband fails to survive the testator. Otherwise its a trip to Court for a "declaration" to be made by the Probate Court through a Complaint for declaratory relief or possibly a Complete Settlement petition-but why wait to the end to be met with a potential weird finding.
Peter C Herbst Jr's answer Since 2011, Massachusetts has allowed for the recognition of pet trusts. Your friend will need to think of the appropriate caretaker for the pets but the pet trust can allow for financial funding of the pet's needs. As with any trust, your friend want to make sure it is integrated with his estate planning to make sure the trust is funded the way he intends it after he passes away.
Christopher Tolley's answer Your children will not likely be personally responsible for these bills, but if there are any assets in your estate like real property, bank accounts, etc., your creditors have a right to pursue your estate and seek recovery from those assets. The effect of this may be that your children's share of your estate is diminished. If you don't already have an estate plan, you should see a lawyer because you may be able to minimize creditor's ability to reach your assets after you pass. I don't do...
John Espinosa's answer In order to open an estate account at a bank your sister would have had to present the bank with the papers from the court that appointed her personal representative. The bank is required to follow what the court papers say as far as who is personal representative of the estate and therefore authorized to open an access an account for the estate. If what you say is true you should follow up with both the bank and the court to enforce your rights.
Lillian J. LaRosa's answer Were you unborn when the will was created? Or was this an uncertain paternity situation where father may not have known you were his child ?When was the will created? What were the circumstances surrounding will execution? Were you properly noticed of the probate proceedings? were they in Massachusetts? How long ago did father die? You should meet with a probate attorney to go over these facts as soon as possible.
Lillian J. LaRosa's answer You will need a federal tax payer ID to liquidate the bank account and motor vehicle. You can discuss with your tax preparer or accountant whether or not you need to file fiduciary tax returns , but you would also need to file the tax returns for the last year of the decedent's life and there could be a refund as well, so address these concerns with the tax preparer or accountant you use.
Jonathan R. Roth's answer Assuming your wife is still living, then no you have no direct ownership rights save as to perhaps your limited rights under CHAPTER 189 DOWER AND CURTESY. If the property is titled as joint tenants and your wife predeceases you, then you probably have no rights. if the property is owned at tenants in common, then you would have a statutory right to inherit at least half of her interest in the property under the Massachusetts Uniform Probate Code or more if you have no living children. I would...
Lillian J. LaRosa's answer You will need to engage an attorney who practices elder l;aw/guardianship in Puerto Rico and you likely will have to attend court there to obtain guardianship with authority to move her to Massachusetts. This is really a Puerto Rican law question.
Jonathan R. Roth's answer If there is no Will, your father's estate will be divided 50% to your step mother and 50% to you and your siblings. However, as I recall the first $200K goes to the spouse before the division. However, things held in a joint account will go directly to your step-mother as they are not part of the estate.
John Espinosa's answer If there is no will and no trust then you may not actually have any inheritance from your grandmother. If you do in fact have some claim to an inheritence as an heir of your grandmother's, then you could intervene in the probate court case for administration of the estate. You should consult with an experienced probate attorney to determine your options.
Jonathan R. Roth's answer Massachusetts requires two witness signatures but it is recommended that you have the Will notarized so there can be no challenge as to whether it was you who signed it. So I would have my Will notarized which you should be able to do at your local bank branch or a local office supply store, et cetera
Jonathan R. Roth's answer In whose name is the property. As his wife you can assume the mortgage so long as you live in the property. Under MA law, the first $200,000 of equity in the estate passes to you and the balance of the estate is split the remainder of the estate.
If you are not the guardian for the children, it might be easier to open a small estate and formally transfer title to the home to you.
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