How can a spouse ensure that no monetary assets are left to the other spouse with a revocable trust and pour over will?

There is no requirement that a spouse leave assets to the other spouse in a revocable trust or a will. However, most states have statutes which...

How many times can one create QPRT assuming one had successfully transferred the last one to the children?

A person can create qualified personal residence trust (QPRT) for the home and one for a vacation home. If the home is sold, you have a limited...

What happens if someone is named as beneficiary to an account but the will and trust that was made years later states otherwise?

A will only controls those assets which go through the probate estate. A trust only controls the assets which are titled under the name of the...

I MOVED BACK HOME AND TOOK CARE OF MY MOTHER AND FATHER FOR THE LAST SIX YEARS OF THEIR LIVES...HE HAD DEMENTIA AND SHE WAS BED

Your commitment to your parents is commendable. Unfortunately, your brother can put forth an objection with a claim that you exerted undue...

Do I have any recourse?

The attorney is correct that it is not her responsibility to verify the debts and payments. The attorney would rely on the information as supplied...

A Last Will and Testament governs assets which are held under the decedant's name at the time of his death. A Trust is an instrument which governs...

If you believe that your brother is abusing your mother and committing fraud, you should contact the Massachusetts Executive Office of Elder...

A savings account is setup as Mr. xxxx or Ms. xxxx. Mr. dies, is the savings account part of the estate?

Both attorneys are correct in that this account will avoid probate. However, there is an exception under Massachusetts law. Please look at Mr....

What rights to I have as an heir to order a full accounting or an estate?

As an executor, your brother will be required to file an accounting for the estate with the probate court. As an heir you will have the...

Does rent from Mom's house have to pay for her Nursing home expenses?

Unfortunately you have not provided enough information in your question. Should I assume that your mother executed a Medicaid irrevocable trust in...