What action can I take against a sibling who refuses to distribute personal items from our parents estate?

The first thing you need to do is figure out who the "estate lawyer" actually represents. If he represents your sibling that's withholding...

My father died one month ago without a will.

Yes. Yes it is illegal. The good news is that the law provides a mechanism for rectifying this situation. The bad news is that the types of...

Can my mother be legally kicked out of the estate she owns 1/6 of?

There are a lot of variables at play. Technically title to real estate passes automatically upon death. Therefore, all of the beneficiaries have a...

If you receive SSDI can you keep an inheritance?

SSDI is not needs based, and therefore receiving an inheritance will not disqualify you. SSI, however, is needs based, and receiving an...

Irrevocable trust no longer meets grantor's intents. What are some options to decant an irrevocable trust in Massachusetts?

You couldd read the Morse v. Kraft decision to see how Massachusetts courts look at decanting. Other options for alltering irrevocable trusts...

Estates and trusts. Can my father use my own trust fund to fight me in court for my money? Trustee refusing to distribute funds.

In these cases, the paramount issue is the specific terms of the trust. If you are a beneficiary, and the terms of the trust mandate a...

My sister is the executor of a Will. Her best friend recently died and in her Will, designated my sister for this position.

Only a court can appoint a personal representative (executor). The will itself only nominates someone to be appointed. The law says that the person...

What are the trusts I should consider when processing my estate planning

Well, there is really no limit to the number of types of trusts out there. It's really only limited by the creativity of the attorney and...

Can "Refusal to sell" be used to protect property from a mass health lien?

If you own 40%, that indicates that you own the property as "tenants-in-common", and not "jointly" with your parents. MassHealth liens are...

This is a great question. Although it would take a bit of research to know for sure, my gut tells me that an affidavit may not be enough to...