I am the trustee of a revocable trust of which real estate was just poured over into this trust. The real estate is not in the name of the pour over trust. I want to transfer title of the real estate and wanted to know do I have to show and or fi...
What you are describing is a Trustee's Certificate under MGL ch 184 section 35. The attorney who prepares the deed (although it sounds like you may be going through probate which involves some more steps to clear title) will also prepare the trustee certificate. This is not something to try drafting on your own as problems in the certificate can cause headaches when you sell or transfer the property in the future.See question
Mother passed away recently and my brother is the executor. I requested a copy of the trust and he adamantly refused and told me to get a lawyer. If there is nothing to hide, wouldn't it make sense to give a copy to all heirs?
If the type of trust involved is a testamentary trust - a trust created by the terms of a Will - you could obtain a copy in the probate court's records.See question
My Uncle past away a year and a half ago. I have requested a copy of the trust from his trustee, and the trustee's attorney several times. I have retained an attorney myself, still no response. I haven't received any information. What are my...
I agree with the other answers in that it sounds like the next avenue of legal recourse would be to bring an action to force the trustee to hand over a copy of the trust. The two other avenues I would check would be to see if a copy of the trust is publicly recorded in the registry of deeds where your Uncle may have owned real estate. A full trust is not normally recorded when real estate is conveyed into it, but every once and a while you will see a full trust recorded. Second avenue would be to ask other family members. If the trustee is not cooperating with you maybe they are not cooperating with other beneficiaries and working together may bring about an economical result.See question
Natick is seeking payment for May 1, 2015 tax bill on a condo that I SOLD on July 1, 2014. Deed was recorded in So Middlesex County on July 2, 2014. New owner is responsible, yet MY name will be published in newspaper as a delinquent taxpayer. In...
This is a long shot but do you know whether your buyer took out a mortgage when they bought the property from you? (It would likely be disclosed on the HUD settlement statement at closing). If so you might be able to reach out to that bank or lender and find out why they aren't paying the property taxes. The failure to pay taxes by the bank might be an administrative mess up on the bank's side. This doesn't help your immediate problem of publication but it might resolve the non-payment issue in the long term.See question
Can the trustee of a trust that owns a home ask a non beneficiary of the trust who lives in the home to sign a waiver that releases the trust or trustee from liability arising from a slip and fall or any other incident related to occupying the hou...
An argument could be made that a non-beneficiary of the trust should not be allowed to live in the house rent free. Not obtaining rental income could be seen as a breach of a trustee's duty of care. You should review this with an attorney and see if the trust document or facts and circumstances dictate otherwise.
If the conclusion is to allow the non-beneficiary to live in the house rent free you should consider entering into an agreement that covers not only liability for injuries on the property but also what utilities will be paid by whom, who is responsible for maintenance and repairs, and any other conditions of occupancy.
Lastly, a full disclosure to the beneficiaries and obtaining their consent to this arrangement can limit the trustee's future liability.
CPA doing the 2014 Tax return for an Uncle that passed says he needs the appointment letter to send with the return in order to get a refund.
Generally you do not need to be court appointed to receive a tax refund. See the instructions for Form 1310. That said, the tax preparer may know a fact that requires the court appointment so you should ask him or her why they reached that conclusion.See question
I am executrix of an estate with a tax year ending 6/30/2015. We have sold real estate that is closing after that date, effectively in the fiscal year ending 6/30/2016. There will be a capital gain related to the sale and the estate funds will be...
Massachusetts treats this differently than some states and it can be a confusing area of tax law. Since Massachusetts law states that real estate vests in heirs upon death the real estate is theirs for tax purposes when sold after death (unless a fiduciary is selling the property to pay debts). Undoubtedly certain heirs (and their tax preparers) will be confused by this and question why the estate isn’t recognizing any tax gain. It’s helpful for the fiduciary (or their tax preparer) to explain the tax treatment of this to each heir and provide a date of death valuation and copies of the settlement statement so that each heir understands how to report this on their tax return and is using consistent tax basis information.See question
My fiancé, two sons, and I are caregiver to my dad. He has a house in Maine. It was a toxic, hoarding mess. It would cost over 25,000 to clean out. The property is worth 100,000 if it sold. I have not worked in 2 years as his full time caregiver. ...
You've spotted an issue - the gifting of property within the last two years - that MassHealth would like to use to deny/delay your father from certain types of MassHealth benefits. Before filing any type of MassHealth application - even one that may not be dependent on prior transfers - you should sit down and review everything with an elder law attorney. You don't want to take a position on an application now that hurts him if he needed long term care benefits in a nursing home in the future.See question
As 1 of 5 beneficiaries, are we all entitled to receive copy of the Trust, not just the will?
Trustees do have a duty to keep the beneficiaries informed about the administration of a trust. Depending on all the facts, when a trustee takes on the position of trustee or when a trust becomes irrevocable (which can occur to a revocable trust when the settlor dies) a trustee has to disclose the existence of the trust and their name and address to the beneficiaries. There are some "silent trusts" in which the settlor may attempt to keep the trust document hidden and instruct the trustee not to release a copy, but usually there are mechanisms (judicial and non-judicial) for getting a copy of the actual trust.See question
I owe back taxes on my home and wanted to no if i could sell it
The answer may be different based on the type of tax you owe (e.g. federal income, state income, local property taxes, etc) and what stage of collection the taxing authority is in. You should consult with a tax attorney prior to listing the house for sale to find out the procedure in your specific case.See question