Denise Kent’s Answers

Denise Kent

Salem Estate Planning Attorney.

Contributor Level 9
  1. Final judgement from probate court in a divorce case has arrived. What are my option of appeal?

    Answered about 1 year ago.

    1. Denise Kent
    2. Estela Matta
    3. Philip W. Mason
    4. Henry Lebensbaum
    5. Lisa Ann Ruggieri
    5 lawyer answers

    The order is effective immediately. There is no "hold" on its terms. If you are considering an appeal, I urge you to consult an attorney because the appellate process requires specific grounds, specific process, and certain time frames, none of can be addressed in a general answer in this forum.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How much would you expect to have to pay for setting up a living trust? What would be an average or minimum fee per hour?

    Answered about 1 year ago.

    1. Denise Kent
    2. Anya L. Kennedy
    3. Steven Kelsey Hemingway
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    First, most Estate Planning attorneys charge a set fee for such work, so you know ahead of time what the total costs will be. Second, the cost will depend on a variety of factors, including: experience of attorney, location of firm (think of Boston's overhead costs), but most importantly, the cost will depend on what TYPE of Revocable Trust you NEED. Do you have a taxable estate? If so, the design is more complicated than a smaller estate, for example. I suggest you meet with an attorney...

    9 lawyers agreed with this answer

  3. Can I have my divorce agreement modified to include activities for our child ?

    Answered about 1 year ago.

    1. Denise Kent
    2. Heather A. O'Connor
    3. S. Tracy Fischer
    4. Henry Lebensbaum
    5. Estela Matta
    6. ···
    10 lawyer answers

    Yes. You can file a Complaint for Modufication.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How much can an independent senior (84yrs old) gift money without getting penalized if admitted to a nursing home shortly after?

    Answered 12 months ago.

    1. Denise Kent
    2. Denise Leydon Harvey
    3. Jennifer A Deland
    4. E. Alexandra Golden
    5. Peter Caldwell Herbst Jr
    6. ···
    8 lawyer answers

    You really should consult with an experienced Elder Law attorney, because Medicaid and gifting and tax considerations, among other issues, are all in play here. This is a very complex matter. It is worth consulting with an experienced attorney to get an understanding of the options available to you.

    7 lawyers agreed with this answer

  5. How to file with Court Petition for Probate of mothers estate home no will only child Im living here 5 yrs & paid all bills?

    Answered about 1 year ago.

    1. Denise Kent
    2. E. Alexandra Golden
    3. Denise Leydon Harvey
    3 lawyer answers

    I agree with attorney Golden. It is worth consulting with an attorney and getting a grasp of the issues, and how best to address them. I'm sorry that you have lost your mother, and now have so much to deal with. It is possible to file your own probate papers, but you will likely need help dealing with the municipal and mass health liens.

    7 lawyers agreed with this answer

  6. My wife and I have stated in our will that our house goes to all children but one of them is not to be made to leave.

    Answered about 1 year ago.

    1. Estela Matta
    2. Brian C. Snell
    3. Denise Kent
    4. Steven Kelsey Hemingway
    5. Thomas C. Marino
    6. ···
    8 lawyer answers

    This is what you have effectively done: made your children equally responsible for payment if water,sewer, taxes, maintenence, etc. for a property that they cannot live in or rent out. You have given them nothing but a burden, except for the lucky one who gets to live there. Oh, and if one of those kids gets divorced that house is joint marital property. [removed]

    7 lawyers agreed with this answer

  7. Filing for divorce ourselves...how long does the process take? And how do we handle our house, which has equity?

    Answered about 1 year ago.

    1. Anthony Rao
    2. Thomas C. Marino
    3. Estela Matta
    4. Denise Kent
    5. Lisa Ann Ruggieri
    6. ···
    7 lawyer answers

    You might consider hiring an attorney on a Limited Assistance basis to simply draw up the Separation Agreement for you. That way, you'll have contained costs while having professional advice. You can find these attorneys on the Mass. probate Court website.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Question about how 2 executors for an estate have to work together?

    Answered about 1 year ago.

    1. E. Alexandra Golden
    2. Brian E Barreira
    3. Denise Kent
    4. Henry Lebensbaum
    4 lawyer answers

    Usually there is sone provision for removing or resigning executor. Also, unless otherwise provided, sisterswould need to act jointly. If mom is still alive, perhaps she should clarify the will.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. As executor of an estate, can I change my father's will?

    Answered 11 months ago.

    1. Rebecca Lynne Evans
    2. Denise Kent
    3. Ruth Elaine McMahon
    3 lawyer answers

    First, if the house is in trust, you must look to the trust for your Trustee Powers. You will likely need to consult with an experienced Estates Attorney in order to deal with the beneficiaries in a manner that is fair to all, and doesn't get you into trouble for breach of fiduciary duties.

    7 lawyers agreed with this answer

  10. I found out that my wife cheated on me and got pregnant by somebody else we were in the process of getting a joint divorce

    Answered about 1 year ago.

    1. Thomas C. Marino
    2. Estela Matta
    3. Denise Kent
    4. Henry Lebensbaum
    4 lawyer answers

    You should be aware that a child conceived during a marriage is assumed to be the husband's child. You should consult an attorney to protect your rights against this issue.

    4 lawyers agreed with this answer