Nicholas G. Keramaris’s Answers

Nicholas G. Keramaris

Woburn Estate Planning Attorney.

Contributor Level 6
  1. My moms house is in an irrevocable trust in my brothers name . does that mean he owns the house??

    Answered about 3 years ago.

    1. Nicholas G. Keramaris
    2. E. Alexandra Golden
    3. Magali C. Black
    3 lawyer answers

    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...

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  2. Can I contest my mothers will because my daughter was left out.

    Answered about 4 years ago.

    1. Nicholas G. Keramaris
    2. E. Alexandra Golden
    3. Michael D. Gorman
    4. Catherine Hammond
    5 lawyer answers

    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...

    1 lawyer agreed with this answer

  3. My oil company caused a kerosene spill outside my home. I have been told their insurance company has taken responsibility .

    Answered about 3 years ago.

    1. Nicholas G. Keramaris
    2. Erik Hammarlund
    2 lawyer answers

    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.

  4. My Sister died in MA without a will and no other living relatives.

    Answered over 3 years ago.

    1. Robin Gorenberg
    2. E. Alexandra Golden
    3. Nicholas G. Keramaris
    4. Steven J. Fromm
    4 lawyer answers

    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.

  5. Estate wills. Is the executor supposed to dispurse the will as it stood when the person passed away?

    Answered over 3 years ago.

    1. Nicholas G. Keramaris
    2. Jeffrey Paul Consolo
    2 lawyer answers

    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...

  6. What is the recommended course of action for a neighbor that is altering surface water run off on property he does not own ?

    Answered about 4 years ago.

    1. Nicholas G. Keramaris
    1 lawyer answer

    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.

  7. Trust exemption un

    Answered about 4 years ago.

    1. Nicholas G. Keramaris
    2. Justin Jay Watling
    2 lawyer answers

    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.

  8. How do i find out if i am a benificiary to a trust?

    Answered about 4 years ago.

    1. E. Alexandra Golden
    2. Nicholas G. Keramaris
    2 lawyer answers

    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...