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My grandfather passed away many years ago, when my father was a minor child. After his death, my father lived in the home that my grandfather paid for but was later asked to move out by my grandfather's eldest child who was significantly older tha...
Many states offer rather long statutes of limitations on probating a will. If the will was never probated in the first place then you might have an argument. Indeed, the more information you can collect here the better your position will be.See question
What recourse do I have if I ask for money to be transferred from one institution (#1) to another and the institution (#2) and institution #1 illegally takes money from the trust so not all money is transferred electronically. Is this a case for...
I agree with Steven. The trustee, if not you, should be able to get a full understanding of what fees were charged. If you are a beneficiary of the trust or a grantor, you may be entitled to an accounting from the trustee that could help clear up the situation. Sounds like you need a bit more information here before moving toward litigation.See question
I have not spoke to the family since my husband died in 2005 i checked with probate and they do not have the will how do i find it. my in-laws died in the year 2007 and 2010. can you help me thank you.
Unless the house wan in a trust, it will have to go through probate in order to be sold. Check in the probate court of the county where the property is located and where your in-law's had their primary residence to see if anything was filed on their behalf. You could also check in the registry of deeds to see if the property has changed ownership since they passed.See question
My grandmother, 80, has Alzheimers. She says she does not and only experiences minor memory loss typical for her age. She cannot take care of herself. Now, a long, lost cousin who nobody knows (but her) is attached at her hip. He is about 20 years...
Does your mother have a power of attorney drafted currently? This could offer her POA some limited ability to handle her financial affairs. However, without court approval of a person's diability it is very difficult to restrain a personal from exercising their free will, as stated above.See question
I am buying my 70 year old mom a new car, but would like to protect myself in case of accident by listing her on the title. I would also like to keep my unstable brother from inheriting any portion of the car in the event that mom passes away in t...
One option would be to create a trust and have the car titled in the name of the trust. Your mother could then use the car for life but it would not become part of her estate. This would also protect you from liability due to her driving. Otherwise, your mother should have a will drafted that clearly indicates the car is to go to you on her death.See question
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As James stated, more information would result in a more direct answer, but a first step should be to contact any relatives in close contact with your father. They may know whether he had a will. If he did, his executor would be able to tell you if anything was left to you. If he did not, your father would have died 'intestate' which means his assets would be divided accorded to MA law. Depending on whether he left a surviving spouse you may be entitled to a portion of his estate. His estate will need to go through probate in order to effectuate this.See question
My grandmother wants to put our family beach cottage in trust for the benefit of her 3 children and 6 grandchildren. She wants me to be trustee and handle scheduling, managing expenses, etc. What are some ways we build in a mechanism into the tr...
You may also want to consult an attorney who is familiar with elder law reagrding Medicaid. If your grandmother ever needs to qualify for Medicaid benefits, a property transfer to a revocable trust could negatively effect her. Medicaid looks at all transfers for a five year period prior to application. Best of luck.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.See question
cash in the bank. Can they gift any of this to us (4 siblings) or is it too late.? If gifting is possible what is the amount that is considered OK without penalty from Medicare.
I agree with the above answers. Something else to consider, however, is that if only one of your parents enters into the nursing home the other may be able to protect the excess assets by purchasing an immediate annuity. These anuities have special restrictions, so you should consult an elder law attorney to determine if that is the best path for you.See question
My parent is on a fixed income and receives medicaid; will accepting an inheritance affect her benefits? What is she does not want teh inheritance or wants to gift it to one of her children or grandchildren?
Current Medicaid regulations permit a Medicaid client to have only $2,000 in assets and a very low monthly living stipend. Were she to receive an inheritance worth more than this she would likely have to use it to pay for private care while ineligible for Medicaid. In some circumstances a person can decline an inheritance and it will pass to their issue (i.e. children), however this depends on both state law and the wording of the grantor’s will.See question
Would the proceeds be subject to probate? Or will the beneficiaries be paid in full?
I agree with Janet's answer below, however if you are simply seeking to mention the insurance (for example as an explanation why person X received this amount while person Y received this) without seeking to make changes it will not be considered part of your estate. Insurance policy proceeds are typically non-probate assets and are paid directly from your insurer to the designated beneficiaries.See question