Denise Leydon Harvey’s Answers

Denise Leydon Harvey

Salem Guardianship Law Attorney.

Contributor Level 14
  1. Co -signing bank accounts

    Answered over 1 year ago.

    1. Denise Leydon Harvey
    2. Edward H Adamsky
    3. Kelly Scott Davis
    3 lawyer answers

    You are wise to be concerned. The funds in a joint account are deemed to belong to both listed owners. Your mother should consider naming you, or some other trusted person, as her power of attorney in this situation. This means that you will have the authority to manage her funds but they are not considered to be yours. If she has not already done so, your mother should also designate someone to act as her health care proxy to make health care decisions if she becomes unable to do so. She...

    13 lawyers agreed with this answer

  2. WE have a estate with real property valued at approximately 1.5 Million. We have will however do we need a living trust?

    Answered over 1 year ago.

    1. Francis S Leontitsis
    2. Charles Adam Shultz
    3. Paul Rudolph Miller
    4. Denise Leydon Harvey
    5. Joseph Michael Pankowski Jr
    6. ···
    10 lawyer answers

    I absolutely agree with Attorney Shultz. With these assets why would you risk doing somehting that may cost your children in the future? Please speak with an experienced probate / elder law attorney in your area.

    14 lawyers agreed with this answer

  3. 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. If your grandmother lived in MA, then you should probate her esate here. If she owned the FL property pesonally, then you will likely need to estalish an "ancillary estate" in FL to deal with the real estate there. If she owned it through a trust, then you will likely be able to dispose of it without needing to open a separate estate in FL. Similarly, if she lived in FL, then her estate will have to be probated there. If her property in MA was owned personally,...

    12 lawyers agreed with this answer

  4. I have a relative that has a large trust with a trustee already listed and he has POA. She also has a large mutual fund that

    Answered over 1 year ago.

    1. Denise Leydon Harvey
    2. Melissa Anne Levine-Piro
    3. Anton R. Reinert
    4. Matthew Erik Johnson
    4 lawyer answers

    It is unclear whether the mutual fund is owned by the trust or by your relative individually. If individually, the POA cannot take the mutual fund and use it for his own purposes or for his own benefit. He can, however, use the funds for the releative's benefit, including using the funds to pay for her care, even if that would result in you receiving less or no money after she passes. If the trust owns the mutual funds, the trustee's powers are outlined in the trust.

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  5. If someone sues me, do I have to hire a lawyer? What happens if I can't afford one?

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. Denise Leydon Harvey
    3. Melissa Anne Levine-Piro
    4. E. Alexandra Golden
    5. Julie Court Molloy
    5 lawyer answers

    I am sorry for your loss. We would need more info in order to properly answer this question, but I will go over a few options here. It sounds as though your grandfather died in PR and his will is being probated and challenged there. If that is the case and you are not there and you do not speak the languiage, you need a lawyer in PR if you want to protect your interest in his estate. If the will is being probated here and the challenge is coming from PR, you need a lawyer here to deal...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I have been living in the house that my mom and dad (now deceased) bought in 1991.

    Answered 3 months ago.

    1. Denise Leydon Harvey
    2. Joshua N Robbins
    3. Jaye L. Samuels
    4. Meredith Landmann Lawrence
    5. Jennifer A Deland
    6. ···
    7 lawyer answers

    You wouldn't be able to contest your mother's will based on your unhappiness with her distribution, especially in a case where she distributed the property evenly among her children. If you believe that she was not of sound mind when she made her Will in 2004, or that she made the distributions as she did in her Will as a result of some undue influence, you could contest on that basis. These are hard cases to make and one of the things a court looks at is whether the distribution is NOT...

    10 lawyers agreed with this answer

  7. How does the Medicaid look-back rule affect property transferred to adult children?

    Answered 11 months ago.

    1. Lawrence A Friedman
    2. Denise Leydon Harvey
    3. Clarence Blake West
    4. William Ray Pelger
    4 lawyer answers

    The look-back period for transfers is 60 months / 5 years. If the transfer was complete and was more than 60 months before the date the applicant is seeking benefits (not necessarily the same as the date of the application), the transfer will not be reviewed. I agree with my colleagues that it is a good idea to speak with an elder law attorney to check that the transfer will be "non-disqualifying" - which is Medicaid doublespeak for acceptable. Good luck -

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What is contingent remainder interest in trust mean?

    Answered over 1 year ago.

    1. Denise Leydon Harvey
    2. Charles Adam Shultz
    3. Celia R Reed
    4. James P. Frederick
    4 lawyer answers

    It means that you may have a beneficial interest in the trust she left if certain other people do not survive her or do not survive some other contingency written into the trust. It is impossible to say without looking at the trust language. You can call the attorney who sent you the notice and ask for more specifics.

    9 lawyers agreed with this answer

  9. How long does it take a probate judge to rule on a motion in Massachusetts?

    Answered over 1 year ago.

    1. Denise Leydon Harvey
    2. Brian C. Snell
    3. Anthony Rao
    4. Henry Lebensbaum
    5. Diane Patalano Long
    5 lawyer answers

    Depending on the complexity of the issue and the work load of the judge, it could take days or weeks or months. I'm sorry; I know this is not very helpful. I will say that most judges do try to get their decisions out as soon as possible. I am waiting for a decision on a matter I had in Suffolk Probate Court on 1/17/13. I know it is difficult, but be patient -

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  10. Property in irrevocable trust with beneficiaries. Trustee has a will that gives said property to another party. What happens?

    Answered 8 months ago.

    1. Denise Leydon Harvey
    2. Thomas J Callahan
    3. Steven Kelsey Hemingway
    4. Brian C. Snell
    4 lawyer answers

    Any property in trust is governed by the terms of the trust. Property in trust is not deemed to be "probate property" and so would not pass under the person's will. So in this case, unless there are other facts not stated, the property in the trust will pass to the beneficiaries of the trust. If your grandmother wants to change the recipient(s) of the trust property, she should change the beneficiaries of the trust, if she is permitted to do so by the terms of the trust. She may not be able...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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