My husband and I made a will with me as executor and beneficicary, do I have to sign also. beside the two witness. We are in Mass. thanks
Generally, beneficiaries and executors (or others in the role of Personal Representative) don't typically sign when someone else makes a will which names them as an executor or beneficiary. In fact, a testator (person whose will it is) may not even tell them (though in many cases, the testator will inform them).
However, after the testator passes away, and before the executor can assume any duties, the executor will have to sign court paperwork to become the executor of the will. In effect, merely being named in a will doesn't have much effect. The testator can always change his or her mind and write a new will, and the person named doesn't really assume any duties until the testator is deceased.
Hopefully, you'll consult with an attorney if you have doubts about some will form which you purchased on the internet or at an office supply store. If your husband has anything of substantial value that he wants to make sure passes properly to his intended beneficiaries, there is no substitute for a competent estate planning attorney. Most internet services don't claim to be practicing law, but properly preparing a will is exactly that - practicing law. Good luck!See question
I own equal share (33%) of an s-corp llc with two other partners. One of them wants to leave because he got offered a higher paying job. Everyone is fine with him leaving, but we do not know what he is entitled to monetarily. The business generate...
It seems odd that one would have an agreement between three individuals with no consideration of nor procedure for exit of one of the principals. I would think this is not the type of product/legal agreement that you'd want to rely upon.
It is hard to answer the question without seeing the agreement. If there are no restrictions on departure, and no noncompete provisions, it is difficult to see what inherent value the departing partner has left with the company, unless he has agreed not to take any customers. Not clear what his "income tax liability" for the years means, if it has been reported on your individual returns each year ('pass through'). In a nutshell, aside from the fruits of his or her individual labor, what does the business actually bring the individuals? It does sound like consulting with an accountant or CPA would be a good idea, and you may also want to talk to an attorney about fixing the defective agreement, if you think it will be a problem in the future.See question
Received a call from the president of the firm to inform me that I was being fired. The reasons were all easily provable lies. Two weeks prior to my firing all principles were told to sign a new non-compete and employee agreement and that we would...
You should contact an attorney promptly. Whether you have enforceable rights, or at least a "colorable claim" to enforceable rights, depends upon a lot of factors that you should not disclose in a public forum. Any or all of the documents you've signed will have a bearing on your rights. If you weren't allowed to work until you signed the employment agreement/noncompete, that would be one thing, but as noted, you can't be prevented from receiving salary and commissions already earned prior to the request to sign a new agreement. Good luck!See question
My sister served as co-trustee to our family trust from 2012-2014 and then abruptly quit. After digging into the details its clear she was not actively managing the trust or fulfilling the duties. No annual accountings were produced, totally unr...
She does have an obligation to account for her actions as trustee. If you think there was malfeasance or misfeasance, you should contact an experienced trust/probate attorney. In some cases, an individual is overwhelmed by the responsibilities, and doesn't properly carry out duties. Whether this merits a suit is an entirely different matter. If you are a present beneficiary of the trust, you do have rights to information, and if she fails to voluntarily provide the information, the probate court can compel her to do so. While it may not be necessary to bring suit right away (depending upon the facts), for a wide variety of reasons, you should contact an attorney promptly.See question
We were forced to leave the apartment that we were residing in. In the process, my original copy of my Durable Power of Attorney paperwork got packed and out into storage. My sister is now refusing to let our mother leave their premises to move ba...
Echoing the comments of the other attorney, if you suspect improper behavior, you may wish to contact the authorities.
It is unfortunate, but all too common for siblings to fight over where a parent should reside. Ultimately, it should be the parent's decision, uninfluenced by the pressures of the children.
In the absence of any court determination of incompetency (and even if she were declared incompetent), your mother should be free to be with whomever she desires (and in the absence of improper influence or pressure). Parents are free to make their own decisions, unless a court has declared them incompetent to do so, and even in that situation, they are supposed to have as much autonomy, and the least restriction on their personal freedom as circumstances can allow.
If your parent is competent, they could execute (and or revoke) a power of attorney. If they are interested in doing so, you could advise their attorney to contact them, which would not implicate any attorney-client privileges. However, the power of attorney will not address the controversy over where your mother wants to reside. Good luck!See question
Decedent's children have already won a suit against their stepmother for unjust enrichment - wrongfully collecting their father's life insurance. She is appealing. The beneficiary was changed on-line 7 months prior to his brain cancer diagnosis. ...
On the brief facts presented, (and possibly on most set of facts that one might imagine), it is unlikely that this would be seen as appropriate for a contingency agreement. It isn't certain that a court would find the company responsible for any improper behavior. Good luck with the appeal, and may equity succeed!See question
mom died 2013. will requires for house to be sold. house has not been put on the market
Normally, the provisions of a will should be carried out in a reasonably prompt fashion. There are reasons why it may not be possible to complete sale of the real estate within a year of the date of death. However, unless there are unusual circumstances, three years is longer than one might reasonably expect. If you think someone is not carrying out their fiduciary duties (e.g., preparing and listing the house for sale), and they are unresponsive to your requests, you should consult with an experienced probate attorney. Good luck!See question
I inherited 2 MA properties upon my brothers death and I was appointed executor over 5 years ago but never got the properties deeded into my name. I now have a Revocable Trust and I was wondering how to go about deeding it into my Trust? Can I gr...
You should consult with a real estate attorney, because there may be other aspects to be taken care of in order for you to have clean title in your trust. In theory, a straight transfer may be possible, but speak with a real estate/probate attorney so you don't leave any loose ends hanging. Good luck!See question
I recently received a letter from an attorney stating their is going to be an informal probate filed in my father's estate and his friend is applying to represent the estate. That I was recieving the letter because I am an heir.. unfortunately my ...
As the other attorneys noted, you should speak with an experienced probate attorney soon. You may or may not have rights which can be protected if you act quickly. Generally, to avoid the possibility that an elderly testator might accidentally "forget" a child he or she intended to benefit, there is normally a need to explicitly state in the will that the testator's children are being excluded. From the brief description in the question, there may also be issues of undue influence. It would be worth at least a brief conversation with an attorney. Good luck!See question
my father just died my brothers will not let me see the will can they do that?
An individual holding a will after the death of the testator is not under a direct obligation to share it with others, other than the person or persons named as executor, or filing it directly with the probate court. However, there are consequences for hiding or destroying someone else's will. Normally, it should be filed with the probate court within 30 days of death, whereupon it becomes a public document of which you could obtain a copy. That said, it's generally a good idea to share the will with interested parties, since they'll have a chance to see it anyway.See question