David Martin Beliveau’s Answers

David Martin Beliveau

Salem Estate Planning Attorney.

Contributor Level 12
  1. My step-mother is withholding my Dad's pain medication. My Dad's caregivers are turning a blind-eye. What can I do?

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. Joseph Franklin Pippen Jr.
    3. Steven J. Fromm
    4. Susan Michals King
    4 lawyer answers

    Sorry to hear about the circumstances. Are you or someone other than your step mother agent for your father under a designation of health care surrogate? If so, you or another as agent could act regarding your father's health care. If not, it appears you should work with an attorney to try to establish a guardianship over your father. A court appointed guardian would be able to act regarding your father’s health care. As you mention, you also could contact adult protective services....

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  2. Florida probate-Final accounting for the personal representative

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. Joseph Franklin Pippen Jr.
    3. David L. Carrier
    3 lawyer answers

    The accounting will not provide every detailed line item expense. Instead, it will provide a summary of expenses by class (for example, "postage" as you indicate in your question). The personal representative should retain the original receipts for the expenses to support them if he or she is called upon to do so. Once the accounting is approved by all relevant parties (including the probate court) and the personal representative is relieved from any respective liability, he or she could...

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  3. Question for Florida Attorneys on probate

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. Joseph Franklin Pippen Jr.
    3. Steven J. Fromm
    3 lawyer answers

    An attorney typically provides a potential client with an engagement letter that describes the attorney's billing procedure. The respective Florida law follows: 733.6171Compensation of attorney for the personal representative.–  (1)Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order.  (2)The attorney, the personal representative, and persons bearing the impact of the compensation may agree to...

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  4. Can my husband take me off as beneficiary of his retirement account?

    Answered over 2 years ago.

    1. Linscott Roberts Hanson
    2. David Martin Beliveau
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    As the other attorney answered: A spouse cannot be "taken off" as beneficiary of an ERISA retirement plan (401(k); 403(b); etc.) without the spouse providing written consent to do so (spousal waiver required). However, a spouse can be "taken off" as beneficiary of a non ERISA retirement plan (IRA) without the spouse providing written consent to do so (no spousal waiver required).

    7 lawyers agreed with this answer

  5. My husband inherited an ira from his dad and never claimed it. Hubby died and now money in estate ira -is subject to creditors?

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. James Thomas Kinder
    3. John L Roberts
    4. Steven J. Fromm
    4 lawyer answers

    I agree with the answer provided by the other attorney. You should meet with a probate attorney to review the respective documents. If your husband's estate is the beneficiary of his retirement account, the funds will be included in his probate estate and subject to his creditors. There also are income tax consequences as a result of your husband's retirement account funds being paid to his estate.

    7 lawyers agreed with this answer

  6. Am i entitled to any of my dads income when he is in a nursing home ?

    Answered over 2 years ago.

    1. Edward H Adamsky
    2. Jennifer A Deland
    3. David Martin Beliveau
    4. John L Roberts
    5. Timothy P. Flynn
    5 lawyer answers

    Sorry to hear about the circumstances. Unfortunately, you most likely will not be able to receive any of your father's income. You could apply to do so under the MassHealth financial hardship provision. However, it is my understanding that almost no one has had success obtaining a favorable financial hardship decision. In order for you to be able to receive (some of) your father's income, you would have needed to have a written personal care agreement/contract in place before your father...

    7 lawyers agreed with this answer

  7. Can a husband/wife music publishing co.do business as a joint venture?.

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. Pamela Koslyn
    3. Barry A. Stein
    4. Daniel Nathan Ballard
    5. Alonzo McAlpine Alston
    5 lawyer answers

    A joint venture is not a choice of business entity. Instead, it is a relationship (like a contract) between parties that may or not be (but usually are) business entities. You should work with a business law attorney and CPA regarding choice of business entity. Popular choices of business entities include Internal Revenue Code Subchapter S corporations and Limited Liability Companies (LLCs). Both entities offer asset protection and pass through income taxation. S corporation shareholders...

    7 lawyers agreed with this answer

  8. Do i have to pay property tax ?

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. Phillip Monroe Smith
    3. James H Sutton Jr.
    4. Henry Daniel Lively
    5. Robert Jason De Groot
    5 lawyer answers

    I agree with Attorney Smith's answer. Residency is irrelevant with respect to the obligation to pay property (real estate) tax.

    7 lawyers agreed with this answer

  9. Are unemployment benefits considered earned income?

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. Christopher Michael Larson
    3. Phillip Monroe Smith
    3 lawyer answers

    http://www.irs.gov/taxtopics/tc418.html Topic 418 - Unemployment Compensation Unemployment compensation is includible in gross income. You must report unemployment compensation on line 19 of Form 1040, line 13 of Form 1040A, or line 3 of Form 1040EZ. Unemployment compensation generally includes any amounts received under the unemployment compensation laws of the United States or of a state. It includes state unemployment insurance benefits and benefits paid to you by a state or the...

    6 lawyers agreed with this answer

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  10. Florida; probate accounting

    Answered over 2 years ago.

    1. David Martin Beliveau
    2. David L. Carrier
    3. Steven J. Fromm
    3 lawyer answers

    Fiduciary Accountings are governed by Florida Probate Rule 5.346: RULE 5.346. FIDUCIARY ACCOUNTING (a) Contents. A fiduciary accounting shall include: (1) all cash and property transactions since the date of the last accounting or, if none, from the commencement of administration, and (2) a schedule of assets at the end of the accounting period. (b) Accounting Standards. The following standards are required for the accounting of all transactions occurring on or after January 1, 1994:...

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