does her will that states the house to be sold upon her death, and split between her three children supercede the trust?/
If the home is held in a trust then the terms of the trust, and not your mother's will, will control. The trustee holds legal title to the property in a trust, and has an obligation to manage the property for the sole benefit of the trust's beneficiary's. Therefore, even if your brother is named as the sole trustee, he may not be the only entitled to use the home and benefit form it. The only way to determine what rights and obligations you and your siblings have with respect to the home is to have an attorney review the trust instrument. If you would like me to assist you further with this matter, please call my office at (781) 620-1958 to schedule a free consultation.See question
I was told by the DEP that my home would be listed on a web site as having had a hazardous material leak. I feel that this will devalue my home quite a bit. Do I have any recourse? Also, they have ripped under my porch up, how do I make sure it...
You may have a legal cause of action against your oil company for the loss of value in your home. Also, taking legal action can help you ensure that the clean-up is performed properly, and ensure that any damage to your home is properly repaired. I strongly urge you to contact a lawyer to learn exactly what your rights are, and hold your oil company accountable for the damage to your home.See question
What do I need to do to gain control of her house, car and bank accounts? There are under $10,000 in assests. Thanks, Allison
You need to file a petition with the probate court to be named as the administrator of your sister's estate. For any bank accounts that were held jointly or payable on death, you simply need to provide the banking with the documentation that it requests. Please call me with any questions.See question
I was caregiver to my mother full time for 3 1/2 yrs. She lived with me, her choice, for 11. As my siblings want more than mum gave them, with brother as executor are digging into the past 11 yrs claiming I used undue influence to get $ out of her...
Your siblings would have to file a will contest to invalidate your mother's will for undue influence. Undue influence is one of the most difficult and expensive claims to prove in court, so the chances that they will actually file a will contest may not be very high. I would advise you to make sure that your brother makes all of the proper filings as executor to ensure that the property in your mother's estate is distributed properly. If you have any questions, please feel free to call me at (781) 620-1958 or email me at Nick@Kattorneys.com.See question
My property is roughly a half acre square lot and shares the left hand border with a new neighbor that has a 1 acre rectangular lot. The .5 acre lot directly behind me is unoccupied, thickly wooded and adjacent to the latter 100 feet of my uphill...
I think the best approach may be to sue your neighbor for negligent trespass. You may be able to obtain an injunction to stop him from continuing the clearing activities, and you may also be able to recover for any value your home may have lost. You should also determine if the area your neighbor is clearing qualifies as a wetland. Contact your local conservation commission.See question
My house is in a trust with beneficiary of 40% myself 40% my wife and four children 5% each. What exemption will I be allowed when filing charpter 13 just myself. The appraised value is $315,000. Can I take the house out of the trust and have a ...
You can take the home out of a trust and file a homestead, however the homestead exemption only applies to debts contracted after the homestead was filed. Also, the homestead needs to filed before you file bankruptcy. One possible alternative for you may be to convey the home to you and your wife as tenants by the entirety. Under this form of ownership, even if your creditors attach your interest in the home, they cannot obtain possession of the home until your spouse passes away.See question
i think i was awarded a trust when i was a minor but do not have any information from my parents. how do i discover if i was named as a beneficiary and if i am owed money?
Ms. Golden has given you sound advice. I would just add sometimes a beneficiary will be entitled to information about the trust even while the creator of the trust is still alive (for instance, if the trust was set up as a Minor's Trust under 2503(c)).
A beneficiary of an irrevocable trust generally has a right to full information from the trustee about the concerns of a trust. Therefore, you should not be hesitant to send a written demand to the trustee for a copy of the trust instrument and the trustee's accounts. If you are not getting anywhere with the trustee, you should immediately file suit to protect your interests.See question
My mothers' will left me $1.00. My daughter was not in will. Two of my cousins and their daughters will received all moneys and property. What are my daughters rights to the estate. The will was written before I married ,but my mother knew of my ...
Whether a Will contest would be successful depends upon the language in your mother's Will, and on the surrounding circumstances. Under Massachusetts law, an omitted child will generally have the right to take a share of the probate estate unless it appears that the omission of the child from the Will was intentional and not a mistake. There is no statutory provision in Massachusetts pertaining to omitted grandchildren, so I do not believe that your daughter could successfully contest the Will.
If you do decide to contest the Will, keep in mind that you should act relatively quickly. An omitted child cannot take any share in real estate in the testator's estate unless a claim is filed in the Probate Registry within one year after the date of approval of the executor's bond.See question