How do I show my former rental property is now my primary residence to reduce taxes at time of sale.

The IRS uses a two prong test for the exclusion. First, you must have owned the property for five years. Second, you must have used the property...

What do I need to do to get my son's home with me and get DSS out of our lives. They have been put in a safety plan .

This is not an elder law question. I am changing the category for you.

My house is in my and my sisters name because when our parents passed away that is how it was left, if I get divored is house ok

Fifty percent of the house is a marital asset, unless you had signed a prenuptial agreement. Massachusetts is not a community property state. I am...

This is a tax question, not an elder law question. I am changing the category for you.

Does my brother have a right to sell my mother's house?

Unfortunately, this situation may occur when the elder had not established an estate plan. The house is still in your mother's name and you are...

Mom passed away ?

It appears that your mother attempted to create an oral trust for you with your sister. In order to establish the trust, you must be able to...

How do I remove myself off a durable general power of attorney

You are not locked into acting as someone fiduciary agent. Your friend may execute a new power of attorney electing someone else as his fiduciary....

Yes, any entity or person may serve as a Trustee of a nominee trust. The problems that are encountered with an entity serving as a trustee occur...

Your brother cannot be functioning as an executor because your mother is still alive. The executor (or personal representative) has no authority...

What if any is a recourse to trustee for giving items to named disinherited in the trust?

You may file a claim against the Trustee and the disinherited beneficiaries to retrieve the items. This is an expensive process, so you need to...