John L Roberts’s Answers

John L Roberts

Springfield Probate Attorney.

Contributor Level 10
  1. Life Estate

    Answered over 4 years ago.

    1. Andrew Daniel Myers
    2. John L Roberts
    3. James S. Tupitza
    3 lawyer answers

    Your question is also one of fact: who signed the note, and the mortgage for the loan? Lenders run down property ownership records before making loans. A lender is not likely to loan money without securing its interests against all owners. You can see who is listed on the mortgage document by checking online with the registry of deeds. If the property is in Springfield, the Hampden County Registry of Deeds will have the recorded mortgage. John L. Roberts Longmeadow, Massachusetts

  2. What is the best way to turn a summer home over to my children. Sell it to them for $0 or sell it myself and divide the money.

    Answered over 4 years ago.

    1. Brian E Barreira
    2. Freya A Shoffner
    3. John L Roberts
    3 lawyer answers

    You mention that your husband has health problems. By consulting an elder law attorney, you can get perspective on your planning options. The elder law attorney will explain the potential need for long term care, and the income and estate tax issues tied to your summer home. Taxation and long term care costs can cause serious problems during times of transition, but good planning can often prevent those problems from overcoming your goal to pass the summer home to your daughters. A family...

  3. How do you set up guardianship and conservatorship for elderly parent with dementia?

    Answered over 4 years ago.

    1. Brian E Barreira
    2. E. Alexandra Golden
    3. John L Roberts
    3 lawyer answers

    The Massachusetts Probate Courts have published a short outline of Guardianship and Conservatorship. http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/upc/mpc190-general-information.pdf If you want to “do it yourself” you can find the Guardianships and Conservatorship forms at: http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/upcforms.html But there are many issues that can come up along the way, such as Guardian’s authority to administer...

  4. Is a "life estate" the same as "life tenenacy"? Can children sell home?

    Answered over 4 years ago.

    1. E. Alexandra Golden
    2. John L Roberts
    3. Henry Daniel Lively
    3 lawyer answers

    From your question, we can gather that the children are the remainder owners of home. You mentioned that one child still lives in the home, and you indicate that the parents who own a life estate would not be competent to sign a deed, because of mental impairment. As Attorney Golden explained, no one could buy the house unless someone had the authority to sign for them, or a Probate Court authorized the sale, by way of Conservatorship proceedings. If both parents are in a nursing home,...

  5. How can i challenge my sister who is executive of my moms estate and keep moms house?

    Answered over 4 years ago.

    1. E. Alexandra Golden
    2. John L Roberts
    2 lawyer answers

    To open the estate, your sister was required to send you a notice of her petition. If you are a beneficiary under the will, you should also have received a notice from the Executor. A link to an introductory article about the Probate process in Massachusetts is listed below this answer. You mentioned that ownership of a business is part of your Mother's estate. Does the business partner have an attorney? The partner should have an attorney to represent the partner's interests. Your...

  6. Name is on house need, but not in living trust. Will house be left to me?

    Answered over 4 years ago.

    1. E. Alexandra Golden
    2. John L Roberts
    2 lawyer answers

    Your question illustrates the confusion that can arise when family members take a variety of approaches to estate planning. This often happens when an elder family member does not want to offend anyone in the family, but also desires to make provisions for a child or grandchild who has provided special care. You can read a case issued in March, 2010 when the Massachusetts Appeals Court reviewed a deed that was executed by an elder who had been cared for by one of her daughters. Another...

  7. How much can a person in a nursing home gift to children each year

    Answered over 4 years ago.

    1. John L Roberts
    2. Janet Lee Brewer
    2 lawyer answers

    Are you asking this question because your parent's nursing home costs are being paid by Medicaid? In Connecticut, Medicaid is also known at Title XIX. A link to the Department of Social Services brochue is posted below. Medicaid has nothing to do with the gifting amounts discussed in the previous answer. If you are considering transfering money on behalf of a parent who is in a nursing home, using a power of attorney, read the court case linked below involving a daughter of a nursing...

  8. Does my will have to be notarized?

    Answered over 4 years ago.

    1. Brian E Barreira
    2. John L Roberts
    3. Michael D. Gorman
    4. E. Alexandra Golden
    5 lawyer answers

    Here are links pertaining to wills in Massachusetts.

  9. My husband took out a $200,000 loan on land that he owns. If he passes away, will I be responsible? My name is not on the loan

    Answered over 4 years ago.

    1. E. Alexandra Golden
    2. Kara O'Donnell
    3. John L Roberts
    3 lawyer answers

    You posted your question in Avvo’s “Debt Collection” category. Avvo sent your question over to the Wills category, an area in which I practice. As the previous answers explain, your husband’s land would pass through an estate, if he is the only owner of the property upon death. Debt collection is a very important element of the estate settlement services that I provide to clients. Some people have gone ahead and paid off the creditors of a deceased person when they did not have to. We...

  10. My father died 5 yrs ago and had no will how do i become executor of his estate

    Answered over 4 years ago.

    1. John L Roberts
    2. Christopher W. Vaughn-Martel
    3. Michael D. Gorman
    3 lawyer answers

    In Massachusetts, an Executor manages and distributes the estate property of the deceased person if that person left a will. An Administrator is a person who is given the same authority by the Probate Court when there is no Will. So, you would need to open what the Probate Court calls an “Administration.” It's the responsibility of the Administrator to: • notify the decedent's heirs • sign papers, such as an Inventory that estimates the value of the Estate's assets • make sure that the...