How are disbursement’s made between Husband and Persons 1, 2, & 3?:
“I give, devise and bequeath all my estate, real, personal and mixed and whatever situated, including all property which I may acquire or become entitled to after the execution of this will, and all lapsed legacies and... Read more »
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...Read more »
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...Read more »
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...Read more »
She was able to open an Estate account in the name of my deceased father's estate with her as the sole executor. However, the Surrogate's Court had decreed that I was to be named co-executor and all financial decisions including estate account opening required my knowledge and consent. My... Read more »
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...Read more »
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...Read more »
I filed to represent an estate of which I am the sole beneficiary and executor under the will. There was a small checking account balance - approx $800, an older car (2004) in need of repairs and misc clothing furniture etc most of which was donated to charity. The petition (voluntary... Read more »
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...Read more »
I now live in my wifes mothers home. It is in my wifes name and my sister in laws brothers name. Am I entitled to any $$ when this home is sold. I have lived in this home for 10 years, My sister in law has been deceased for 7 years this month.
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...Read more »
She is 77 years old. She suffers from advanced rheumatoid arthritis, dementia, diabetes, hypertension and possibly a number of other medical concerns that we are unaware as she refuses medical care, refuses all medical appointments, refuses to eat more than 1 full meal a day. Her husband who lives... Read more »
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.
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...Read more »
I was left $28,000 by my grandmother who has died. She left it with a drug addict who threatens to take it every chance he gets. This happens to be her son. He is saying that the stipulation was that I have to go to medical school. I don't believe that was a stipulation. How can I make sure the... Read more »
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...Read more »
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...Read more »
He died in June 2013, leaving a large mortgage behind and there was no equity in house at that time either. My name is not on the mortgage but i have continued making all the mortgage payments all this while. I was advised by a lawyer quickly back when he died that I had no estate to split because... Read more »
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.
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