Kevin D Quinn’s Answers

Kevin D Quinn

Easthampton Estate Planning Attorney.

Contributor Level 6
  1. Possible negligence lawsuit against me ,is it too late to form LLC ?

    Answered over 2 years ago.

    1. Kevin D Quinn
    2. Jennifer A Deland
    3. Erik Hammarlund
    3 lawyer answers

    If you make any transfers at this point, either of the rental property or your "personal" savings you may be making a "fraudulent transfer". A fraudulent transfer can be unwound or essentially ignored by a court seeking to enforce a judgment against you. A fraudulent transfer has nothing to do with "fraud" in the traditional scene. A fraudulent transfer is a transfer made with the intent of preventing a judgement creditor (in this case possibly your tenant), from reaching your assets. It is...

    Selected as best answer

  2. I have my house in irrevocable trust. I am the trustee of the trust with my children as beneficiaries. I want to give property

    Answered about 1 year ago.

    1. E. Alexandra Golden
    2. Kevin D Quinn
    3. Steven John Clausen
    4. David A. Jarominski
    4 lawyer answers

    I agree with Attorney Golde’s response for a variety of reasons. You should probably seek counsel with an estate planning or elder law attorney; however, it may help you and your attorney if you think through a few points. 1. What was the intent when the trust was established? If you created this trust, why did you do it? If it was to transfer the property to your children or grandchildren so as to exempt this property from a nursing home spend-down, you should definitely have the trust...

    Selected as best answer

  3. My dad wants to gift $13,000 to my daughter, but she is 2 yrs. old. How can I accept this on her behalf?

    Answered over 1 year ago.

    1. Brian Mitchell Mekdsy
    2. Christopher W. Vaughn-Martel
    3. Joshua N Robbins
    4. Steven J. Fromm
    5. Scott D Rosenberg
    6. ···
    6 lawyer answers

    Your father intends this money to be a gift for your daughter. If you put the money in your account, it is subject to the claims of creditors, (car accident, business failure, nursing home spend down, divorce, etc.). I am certain you would feel horrible if this asset which you consider to be your daughters was taken by a creditor. A joint account is exposed to both parties creditors, don't go there. A UGTMA account is a good idea, but has several draw backs. If you are custodian (likely)...

    3 lawyers agreed with this answer

  4. If a surviving spouse dies and an adult child is named beneficiary to mass state retirement plan what will happen

    Answered over 2 years ago.

    1. Kevin D Quinn
    2. Jennifer A Deland
    3. David Martin Beliveau
    3 lawyer answers

    First, I am sorry that you have lost your mother and must deal with this at the holiday season. The answer to your question may be very simple or very complex. The answer will depend on what system your mother worked for and what type of plan she had. Under some state plans a surviving spouse has an automatic right to the benefits. Others allow the employee bypass the spouse and name someone else beneficiary. If your mother was married for less than a year at the time of her death this...

    4 lawyers agreed with this answer

  5. We amended the Family Trust with a legal document drafted by a Trust attorney (3 years ago), witnessed & everything proper.

    Answered 11 months ago.

    1. Scott D Rosenberg
    2. Kevin D Quinn
    2 lawyer answers

    I agree with Attorney Rosenberg that the ‘safe’ route is to send a copy of the revision to the drafting attorney. If this is the only restriction on amendments, there is nothing the drafting attorney can do if he/she objects to the amendment. This is presuming the amendment is valid as drafted and executed, (trust maker competent, no undue influence, etc.) If the purpose of this notice is to in any way benefit the drafting attorney, it may not be enforceable or it may be a breach of ethics...

    1 lawyer agreed with this answer

  6. What are the specific steps needed to disclaim inheritance in Connecticut.

    Answered over 2 years ago.

    1. Kevin D Quinn
    2. David L. Carrier
    3. Steven J. Fromm
    3 lawyer answers

    Both of the previous answers are accurate. I would add one or two points. You can not disclaim an asset after you have excersised any form of "dominion or control" over the asset. This would include accepting ownership, exercising options about its disposition (changing investment attributes, going to cash, etc.) or any other act of acceptance. Neither can a person disclaiming control who then gets the asset. Generally, the treats a discaimer as if the person disclaimimg died 1st. Your...

    1 lawyer agreed with this answer

  7. When moving property to a trust, does a deed have to be drawn transferring the property to the trust .

    Answered over 2 years ago.

    1. Scott D Rosenberg
    2. Steven J. Fromm
    3. Kevin D Quinn
    4. E. Alexandra Golden
    4 lawyer answers

    Yes. Trustees hold legal title to the property of the trust for the benefit of the trust beneficiaries. This means that the trustees might not personally benefit from the trust but any buyer, insurer or financial institution dealing with the trust concerning the trust assets must deal (have signatures from) the trustee(s). Generally a deed transferring property to a trust names the serving trustees as owners in their capacity as trustee. "I transfer to George Smith, trustee of the Smith...

    2 lawyers agreed with this answer

  8. I have a revocable trust, how important is it to have my real estate, car registrations and titles in the name of my trust for

    Answered almost 2 years ago.

    1. Stephen F Sutton
    2. Brian Mitchell Mekdsy
    3. Brian J Ladouceur JR
    4. Scott D Rosenberg
    5. Douglas R Holbrook
    6. ···
    6 lawyer answers

    The general answer to your question is, "it is essential to have your home, car, and other assets titled in the name of your trust to avoid probate on those assets that would otherwise be subject to probate". However, a complete answer to your question is not that simple. The first issue is to examine is whether avoiding probate is truly you only goal. If you have other goals, such as protecting assets from creditors, planning for a long term illness, and estate tax planning, a revocable...

  9. I just sold my house which was in my trust B. Do I need an attorney to update my trust or can I just mark Trust B house sold .

    Answered 12 months ago.

    1. Rosemary Jane Meagher-Leonard
    2. Ruth Elaine McMahon
    3. Donna R Blaustein
    4. Kevin D Quinn
    4 lawyer answers

    Sale of an asset would not require a change in the trust document. You should in fact assure that your trust asset record indicates the date of sale, the amount, where the funds were deposited (presumably in an account within Trust B), and who purchased the property. You should discuss with your accountant whether you or the trust will have realized capital gain and whether you or the trust should make an estimated tax payment. In that "Trust B" could refer to a a revocable or...

    1 lawyer agreed with this answer

  10. This is my second marriage and my husbands also. We both have 3 ea. children. Everything we own is in our name. We have no will.

    Answered almost 3 years ago.

    1. Kevin D Quinn
    2. Kelly M. Shovelin
    3. Steven J. Fromm
    3 lawyer answers

    If you own everything jointly (in both names), should you predecease your husband, he will own everything. At his death his Will will determine where everything goes, (presumably to his kids, not yours). If he has no kids, his property will go to his heirs by intestacy (generally follow the blood line). Once again you kids likely won't receive anything. Many "blended families" establish trusts. At the first death the trust provides for the surviving spouse. Many times the surviving...

    1 lawyer agreed with this answer

860-242-0235