Brian C. Snell’s Answers

Brian C. Snell

Reading Elder Law Attorney.

Contributor Level 15
  1. In 2001 my parents gifted their home to myself and my siblings, reserving a life estate, and now want to sell.

    Answered about 1 year ago.

    1. Brian C. Snell
    2. Ruth Elaine McMahon
    3. Constantine T Mariolis
    4. E. Alexandra Golden
    4 lawyer answers

    I am not a tax accountant, but I believe that I can provide some assistance. You might want to also ask this question to the accountant that does the tax return for both your father and at least one of the remaindermen. Your father is going to have to declare the sale of the house on his Schedule D just as each of the remaindermen will need to do. His $250,000 exclusion will be applied against the portion of the home that he owns and resided in for two of the previous five years. In...

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  2. Relating to Elder Law, how can we save some of our mother's money so that a nursing home or the state does not take it all?

    Answered over 1 year ago.

    1. Brian C. Snell
    2. Joshua N Robbins
    3. Edward H Adamsky
    4. L. Maxwell Taylor
    5. Lawrence A Friedman
    6. ···
    9 lawyer answers

    Before you do anything, I recommend that you find an Elder Law Attorney and discuss your mother's needs and her history to determine the potiential that she could qualify for public benefits. Suffice to say that there may be some planning strategies available to her so as to preserve a legacy. But without proper planning, you could end up shooting yourself in the foot.

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  3. Can my life insurance from my boyfriend who passed away be attached. my name wasn't on anything , not on the house or the bills.

    Answered over 1 year ago.

    1. Brian C. Snell
    2. Emma A. Kremer
    3. Henry Lebensbaum
    4. James P. Frederick
    4 lawyer answers

    I am sorry for your loss. You state that you are the beneficiary on the life insurance. If so, there is no connection to the estate and the threat to attach it is idle. That said, they might have some recourse against you for not paying the mortgage, rent, during your stay. If more develops, I would suggest speaking with your own attorney.

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  4. DO I need a probate lawyer in Massachusetts

    Answered over 2 years ago.

    1. Brian C. Snell
    2. Erik Hammarlund
    3. Steven J. Fromm
    3 lawyer answers

    I am sorry for your loss. How these accounts are titled and where your brother lived prior to passing away will dictate the answer to your question. If these accounts or any other assets were titled jointly with you, his wife, or any other person, and the account had rights of survivorship, then there is no need to probate the estate as the balance goes to the joint account holders as a matter of law. If however these assets were titled in his name individually, then they are...

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  5. Grandmother just passed in December, 2012. She has a will. Owns real estate in MA and FL. Do I need to probate the estate in FL?

    Answered over 1 year ago.

    1. Brian C. Snell
    2. Denise Leydon Harvey
    3. Joseph Jonathan Brophy
    4. Michael T Millar
    5. Jennifer A Deland
    6. ···
    8 lawyer answers

    I am sorry for your loss. Wether you need to probate the estate in MA or FL will depend on how title was held in the real estate. The state where your grandmother lived is the state to start the process. If that was Massachusetts, then you can seek out a probate attorney here. If her legal residency was Florida, then I would suggest that you post a question for Florida attorneys. Either way, you will need the help of an attorney. Good luck.

    13 lawyers agreed with this answer

  6. My dad died in 2011.He had a life estate with me on the deed since 1998.I sold his home this year and was wondering about

    Answered over 1 year ago.

    1. Brian C. Snell
    2. E. Alexandra Golden
    3. Steven J. Fromm
    4. Henry Lebensbaum
    4 lawyer answers

    I am sorry for your loss. The life estate normally means the home was included in the determination of your father's taxable estate. As a result, the tax basis increases to the fair market value on the date of his death. A capital gains tax is calculated against the difference between the fair market value and the sales price. As owner, you would report this on Schedule D of your income tax return. You may want to talk with an accountant. Good luck.

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  7. Is a person in a MA nursing home and on Medicaid allowed to gift any portion of a $40000 inheritance she is about to receive?

    Answered over 1 year ago.

    1. Brian C. Snell
    2. E. Alexandra Golden
    3. Christian K. Lassen II
    4. Kenneth Lee LaBore
    5. Denise Leydon Harvey
    6. ···
    6 lawyer answers

    You should talk with an Elder Law Attorney as there may most certainly be ways to prevent from spending the entire amount on a nursing home bill. There are trusts that could be set up to benefit the elder so that she has what she needs in the future and the guardian can be compensated also. Don't waste time because as soon as the inheritance is received, it must be reported to MassHealth and she will no longer be a qualified beneficiary under the program.

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  8. I have been advised to get a nominee trust for my condo so that I won't have to pay taxes when I sell it. Good idea?

    Answered over 1 year ago.

    1. Brian C. Snell
    2. Emma A. Kremer
    3. E. Alexandra Golden
    4. Herbert Warren Cooper IV
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    There is no connection between a nominee trust and paying taxes on the sale of the property. My advice is to get a new advisor.

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  9. Father passed, Deed missing.

    Answered almost 2 years ago.

    1. Thomas J Callahan
    2. Jennifer A Deland
    3. Brian C. Snell
    4. Herbert Warren Cooper IV
    5. Elliot S Coren
    6. ···
    7 lawyer answers

    In addition to the excellent advice you have received here, I would add a few points. First, it appears you might be looking for a discharge as opposed to a deed. I would call the bank where the mortgage was and ask if they have a record of having recorded the discharge. Further, the discharge should reference the legal description of the real estate which will help you find a deed. Second, you don't need a copy of the deed to sell the property. When a buyer has decided to purchase,...

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  10. When a mother dies, is a minor child considered next of kin. if they are too young, then who is next in line

    Answered about 1 year ago.

    1. Brian C. Snell
    2. Julie Court Molloy
    3. Charles Adam Shultz
    3 lawyer answers

    The parents of your nephew's mother and your nephew are the heirs at law. Your nephew is the only beneficiary of his mothrr's estate. The personal representative of his mother's estate is the one that will have responsibility for her bodily remains. That person, assuming, that the woman didn't have a Will, will likely be a parent. The parents should retain an attorney to get an immediate appointment as special personal representative.

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