Hi - I received a "Assent and Waiver of Notice" yesterday regarding my brother who passed away last March. I have not had any contact with my brother since my father passed away in 1989, father signed deed over to him 2 years before his death. In ...
You are getting the Assent and Waiver because you are either a heir at law or beneficiary under a Will or Trust. Since you state you and your brother didn't have a strong familial relationship, it was likely due to the former. Massachusetts law requires all heirs at law receive notice. You can ask the attorney for a copy of the Will. I am sorry for your loss.See question
My mom left me her house I have lived here for 20 years she recently died she has Medicare can they take the house and why she paid into Medicare her whole life
I am sorry for your loss.
If your mother was in a long term care facility (nursing home) prior to her death for which a portion of her care was paid for by MassHealth (Medicaid), then there is a potential that the state could file a claim against her probate estate.
If in fact you have chosen the correct word above and you mean that your mother had Medicare, which is paid for and mandatory for everyone receiving social security, unless waived. Then there should be no concern.
I suggest that you meet with a Probate Attorney to discuss your mother's estate. Best wishes.
Have advice on parent with dementia whose house is falling apart and cannot make a decision
Do you hold power of attorney for your parent? If he has the capacity to execute documents, I would suggest meeting with an Elder Law Attorney. If he no longer retains the capacity to execute documents, and he is living alone, you may need to obtain a guardianship and conservatorship. This forum will not be able to meet the specific needs of your family, but will only provide with some guidance. Please seek out an Elder Law Attorney to assist you. Best of Luck!See question
my brother will not relinquish control to trustees. He has not turned over anything to us at all. We are concerned that litigation will be costly. What are our options?
There is a little confusion in your question. If the business is operating in the trust, what more is there to do? If however, the estate has been operating the business, and it has been more than a year since the estate was open, you could petition the Court, and therefore the personal representative, to render an inventory and account. If the results are not satisfactory, you could petition to have the PR removed. But remember that at the end of the process, you are all still siblings and life will need to go on after all these Court processes.See question
If the answer is no,would it work to give these to charity be for my demise?
If your Massachusetts estate is greater than $1,000,000, then your estate will be required to file a Massachusetts estate tax return. If your adjusted taxable estate is greater than $1,000,0000, then a tax will be owed. So if you have designated charities as beneficiaries to your estate, and it brings your estate below the $1,000,000 level, then your estate will not owe a tax but will still be required to file a return. If you give the assets away before you die and it brings your taxable estate below $1,000,000, then your estate will not be required to file an estate tax return. I would recommend discussing the situation with an estate planning attorney. Good luck.See question
Does the executor,s portion of remaining estate pay the tax penalties?
If an executor, now personal representative, makes a mistake and causes the estate to have insufficient assets to cover debts of the estate, he does that at his peril as he takes on personal liability. However, it sounds like your question is that the PR was negligent or made a mistake in filing the taxes and that resulted in penalties and interest being assessed by the IRS. If the PR had sureties on their bond, then a claim may be possible. If that is not the case, the error must have been grossly negligent for the PR to be personally liable. Best for you to talk with an attorney and share the specifics of your situation.See question
Family is wanting to probate sister's will but she died out of country. She always kept and used her Massachusetts post office box as her address to file her federal & state taxes. She had a home for a a year or so in Caribbean. Want to file he...
As Attorney Kelly indicates, your sister's domicile is what matters. The fact that she maintained a PO Box in Massachusetts is a contributing factor in proving that she was domiciled in Massachusetts. Other factors that will support that conclusion are where she voted, who issued her driver's license, how were her taxes filed and to what state did she pay taxes, did she have assets maintained in the state (or nationally chartered bank)? If all of these questions support a Massachusetts domicile, then a probate can occur in Massachusetts where an Affidavit will be completed to support the Petition for Probate. That said, if she owned property in the Caribbean, there will be a probate process that will be required there as well. If that is the only place that she owned property of any kind, I would seriously consider only probating her estate there as you will save on the costs to administer her estate greatly if only one probate need be done. Talk with an attorney who practices in this area of the law.See question
The executor to my mother's will, who is one of my brothers, has just sold my parents' house. He sent an email stating this, and said he would 'figure what is owed to any of us for various expenses, then divide what is left." I would like a listi...
Since you don't indicate that your brother sold the house without authority, I am going to assume that either your mother's will gave him authority to sell (which is typical) or he followed proper procedure and received authority to sell via the License to Sell. Regardless, the full amount of proceeds from the sale are what he will need to account for when he closes the probate matter. That said, the law no longer requires him to file a final account or to provide any detail as to how your distribution was calculated unless a beneficiary challenges the distribution or unless a formal administration was elected.
It sounds like your mother may have been either supported by you and your siblings prior to her passing or that the house was improved at the expense of your siblings prior to her death. Regardless, hopefully you have a relationship with your family that you can ask for detail and be satisfied so as to not increase the cost of probating the estate. If that is not the case, I would suggest speaking with an attorney to represent your interest.
Ive been his only parent since she brang him home she hasnt seen im in two yrs and ask for another chance to be a mom so i said yes now shes doing drugs and even made a video of her doing so,ive told her shell have to take me to court to get visit...
Using the word "ward" sounds like you mean the Court has awarded you via a foster child, guardianship or some legal process. Is the state DSS involved? If so, have you had conversations with them about preventing visitation and adoption? If not, that might be a place to start. Who created the video? I interpreted your statement that she did in which case that is child endangerment and a crime. You can decide if you want to take this to the police. If you did, it might not be admissible. Bottom line is that you need more individualized counsel than you can get on AVVO.See question
I'm the legal heir to a bank account and now when I called to bank to withdraw the funds there is another beneficiary, what now? Is that person [pay on death beneficiary] now the owner, even though there are funeral/expenses I incurred in probate...
Payable on death designations are often a problem. Banks don't always code these accounts properly and often don't have documentation to support their designation. Did you tell the bank that the original title owner had passed away? I would suggest visiting the bank and asking them to support their re-titling of the account. Especially if that is the only asset to pay for probate/funeral expenses. You might even reference that "your lawyer" said .... When the bank hears someone has a lawyer, they unusually hold any distributions and freeze an account unless they can 100% be sure that they are doing the right thing. Good luck.See question