My son was empowered over my estate via an irrevocable trust. There were promises made & an understanding that assets would be managed in accordance w/my wishes. However since getting empowered, a disturbing pattern of megalomania has emerged. Bul...
The trust, at least my irrevocable trusts, should give you the power to change trustees. Also, check if the trust has Trust Protector language in it. If so, you may have the authority to remove him. Go to a lawyer who focuses in estate planning only. Good Luck.See question
I am 60 my wife 57 we need a will drawn up. We were thinking of using Leagal Zoom. Have two children 27 an 30. Have three properties.
Do you want to avoid or eliminate the state's death tax (up to 16%), so your two children inherit more and you pay less in taxes? Do you want to explore protecting your assets from nursing home spend down if you or your wife requires long term care some day? Do you want to minimize your legal risk with your rental properties (in case somebody falls or gets injured on one of your properties)? If so, a simply Will is not for you. Locate an experience estate planner who does nothing other than estate planning and asset protection. Even considering Legal Zoom or a simply Will (compared with Trusts) is being penny wise but pound foolish. Good luck.See question
Had an attorney but she said it was too small for her and after she told me to change my beneficiary to my estate she never got back to me and I have e-mailed her but no results.
You should look for an appropriate special needs planning attorney at the Academy of Special Needs Planners' website at: http://specialneedsanswers.com/. Good luck.See question
Son struggling in class. Could not drop or change class during and after.Parent notified after decision. no written letter stating the issue and recommendations. Want assistance appealing tuition in writing whether its the remainder or possib...
I think you will be better served consulting an attorney in person as it would be impossible for an attorney to give you assistance in the manner you are requesting. Good luck.See question
Only assets is a home that we would like to keep when the love one passes.
See an asset protection attorney who does Medicaid crisis planning. Do so without delay.See question
They do not have a mortgage. They do not have a will, or a living trust. What needs to be set up to protect each of them if something happens to the other party? (Nursing home, etc.) What needs to be set up to be sure the home is passed on to t...
Your parents should set up an irrevocable trust; also known by some as a Medicaid Asset Protection Trust. You should consult with a lawyer who specializes in elder trust law.See question
There is a piece of property (owned by my grandmother) currently in an irrevocable trust. In the eventuality, when my grandmother passes, the trust has three beneficiaries- my dad and his two brothers. My dad has the intent to "give" me his portio...
Your question is much clearer, thank you. The trust would have to be reviewed by an attorney to be sure, but you might look to see if there is any language giving your father a "power of appointment." If so, your father may be able to "give" you his share...probably in writing in his Will...but again it depends on how the trust language reads.See question
Our mother has given each of her children cash gifts of less than $14,000 over the past few years. If she exhausts her assets and applies for Massachusetts Aide will we be required to turn the gifted money over to the state?
Thank you for the question. MassHealth/Medicaid will surely try to get the money back; and most applicants not represented by a lawyer will not realize that this can be contested (the applicant may not prevail, but it can be contested---often will success in the right circumstances). There are many complicated strategies for protecting your mother's assets---even at this late stage, but you need to consult an attorney who handles these matters as a REGULAR part of his/her practice. Good luck.See question
i have received a regular income of 2000 - 2500 a month from a revocable trust account since the age of 18. i am now 25 .This income supported me through college and until now, through all of my time in law school. i am now married and looking to...
It is not clear from your question---and it likely won't be clear until an estate planning attorney reviews the actual trust---if you can fight your mother. There are too many potential variables for any lawyer to give you the certainty you seek. Did you mother establish the trust? With your father? if so, did your father die several years ago? The distributions you describe sound like the trust turned into a common trust for the benefit of you (and your siblings?) for your health, education, maintenance and support. Such distributions often terminate around your age, then the common trust breaks into separate general needs trusts for the beneficiary-children. Again, without seeing the actual document, nobody can do anything more than speculate--which is what I have done above. You need to have an attorney review the trust. Good luck.See question
She currently receives state insurance from MassHealth and cannot have more than $2000 in her bank account. Otherwise, she will lose her health benefits if she has more than that.. Do you know the best way to put money away for her that won't in...
A special needs trust for sure. Look for an attorney who does special needs planning. Good luck.See question