Freya A Shoffner’s Answers

Freya A Shoffner

Boston Business Attorney.

Contributor Level 11
  1. Can an estate trustee make a decision to keep a condo in a family trust rather than selling and distributing proceeds?

    Answered about 5 years ago.

    1. Joseph Stephen Stanganelli
    2. Freya A Shoffner
    3. Keenan M. Post
    3 lawyer answers

    First of all, it seems that your mother's house is in New Hampshire and that her estate might be going through the probate process in New Hampshire as well. Is there also a Trust or is everything under her Will? Whether the house is owned by a Trust, or whether the Will controls, your brother who lives there does have what is known as a "fiduciary duty." A fiduciary duty means that he has certain obligations to make sure that the assets in the Trust or in the Estate are managed carefully for...

  2. My children, age 5 and 2, are beneficiaries in a will. We don't trust the executor of the will, and want to protect them.

    Answered about 5 years ago.

    1. Gabriel Cheong
    2. Freya A Shoffner
    2 lawyer answers

    All executors in Massachusetts are required to file annual accounts of their activities for the estate with the Probate Court in the county where the decedent lived. And, every legatee of the estate has the right to object to the account if there are any irregularities. However, you should consult an attorney who has experience in probate practice to make sure that you know how to proceed.

  3. What is an executors fiduciary responsability regarding the upkeep of a property?

    Answered about 5 years ago.

    1. Freya A Shoffner
    1 lawyer answer

    If the value of the estate is less than the outstanding debts, the estate is deemed to be "insolvent" by the Probate Court, and it is administered according to the rules for insolvent estates. The first obligations to be paid are the funeral expenses and the costs of the decedent's last illness. Then the charges of administration, including attorney fees, are paid. After those items are paid each remaining type of creditor is assigned a priority by law and is paid according to its level of...

  4. How long is a universal agreement valid for pertaining to an estate?

    Answered over 5 years ago.

    1. Freya A Shoffner
    1 lawyer answer

    Your first step should be to make a call to the lawyer who represented you in the case. Your lawyer will be able to review the agreement with you and to give you the appropriate advice. If you were not represented by a lawyer at the time, start with the Probate and Family Court for your county. You can ask for the case file at the Register's Office and obtain a copy of the agreement and the Court's Judgment if there was one. Then, I strongly recommend that you speak with a lawyer who can...

  5. How to proceed with real estate trust in Boston

    Answered over 5 years ago.

    1. Freya A Shoffner
    1 lawyer answer

    The first step in the process is to make sure that you have chosen the right entity. Please be aware that it is usual for banks to charge a higher interest rate on investment property than on an owner occupied residence. Also, many banks will not provide a mortgage when the property is held by certain types of trusts. By insisting on using a trust simply to avoid a higher interest rate, while another type of entity might be far more appropriate, you could be setting yourself up for disaster....

  6. Can you challenge the named executrix for a trust/will?

    Answered over 5 years ago.

    1. Freya A Shoffner
    2. Frank A Selden
    2 lawyer answers

    I am sorry to hear that you and your family have been through so much. It is possible to contest at Will in the Probate Court, but you must be very careful to follow the correct procedure. Otherwise, you may lose your ability to contest the Will. All of the heirs at law of the deceased should receive a notice from the Probate Court (called a "Citation"), which provides notice of the Executor's petition to probate the Will, and which provides for a certain date by which all objections to...

  7. I was awarded certain property in our divorce; however, my ex will not give them to me. Do I go to small claims court?

    Answered over 3 years ago.

    1. Loren M. Dickstein
    2. Henry S. Gornbein
    3. Freya A Shoffner
    3 lawyer answers

    I agree with Attorney Dickstein, it is the Family Division of the Circuit Court that will enforce the divorce judgment. You should make contact with the Friend of the Court who will be able to help you take the first steps to enforce the judgment. The link below will bring you to the website for the Friend of the Court.

    1 person marked this answer as helpful

  8. Hi, Wife/I legally separated since Dec 2009. Do I have to pay her half of my bonus earned for work in 2010? Divorce not settled.

    Answered over 3 years ago.

    1. David Perry Davis
    2. Ronald Glenn Lieberman
    3. Freya A Shoffner
    3 lawyer answers

    I agree with Attorney Lieberman, your best approach would be to pay off the credit cards that are community expenses. Be sure to keep very accurate records of which debts you pay and how much you pay toward them because you most likely will be called upon to explain how you applied the bonus. If you are not represented by an attorney, your best next step is to retain an attorney in your area who is licensed and experienced in family law. Your attorney will make sure that your interests are...

    1 person marked this answer as helpful

  9. In the 501(c)(3) form 1023, can students (under 18) be listed as directors/officers?

    Answered over 3 years ago.

    1. Freya A Shoffner
    1 lawyer answer

    Do not designate minors as officers or members of the board of directors. Minors do not have the ability to make contracts, and therefore are deemed to be "incompetent" in the eyes of the law. Officers and members of the board of directors must be of full age and capacity, therefore they cannot be minors. Valid 501(c)(3) corporations are subject to a number of types of federal scrutiny and you must be careful to adhere strictly to the laws. If you truly want your daughter's endeavor to be...

    1 person marked this answer as helpful

  10. I have been married for just under a year. my husband was married before....should something happen to him........

    Answered almost 4 years ago.

    1. Ronald Glenn Lieberman
    2. Anna-Maria Pittella
    3. Freya A Shoffner
    3 lawyer answers

    Second marriages can raise many questions regarding debts, benefits, and inheritance, which are best answered by a qualified attorney in your geographic area. Assuming your husband and his first wife were legally divorced, you have no worries about his first wife inheriting from his estate. The distribution of his private retirement benefits (pension, 401K,etc) will depend upon what beneficiary he named and what provisions are in his divorce decree. And, should he pass away, his debts and...

    1 person marked this answer as helpful