I have a son who is part time student and employee, 28 years old. Should anything happen to me, do he incur my debt? I have educational and IRS debts. Would it be best to apply for bankruptcy so he does not incur these debts or any other debts?
Unless there are student loans of his that you were a signer on, the debts are just yours.See question
A non grantor complex Massachusetts trust has a North Carolina trustee. There is no Massachusetts sourced income to the trust such as real estate rentals income, other income is from stock and bond portfolio only. Should the trustee file a Massach...
The trust has a single "situs," or location of legal residence, and the situs is where taxes are reported and paid on the investment income and interest. If you're calling it a "Massachusetts Trust," and was created in MA by someone in MA for at least some beneficiaries in MA, the situs is likely MA, irrespective of where the trustee happens to reside. Impossible to know for sure which is which it is without reading the trust document.
As for distribution of "capital gains," this is almost entirely governed by the trust instrument. Some trusts will distinguish between "income" and "principal." Capital gains, being the mere increase in value of property held in trust, is the only type of growth in value of the trust that is treated as principal rather than income. So if the trust allows the trustee to distribute only income to beneficiary X, they can't distribute capital gains, even if they are paid out in cash as in the case of some mutual funds. If the trustee can distribute income or principal, or just principal, to beneficiary X, then capital gains can be distributed. There are certain exceptions that allow a trustee to distribute a fixed percentage of the trust or to distribute a limited amount of principal *AS* income because the investments aren't properly balanced to treat the income beneficiary fairly, but this is not something that should be considered or attempted without a paid consultation with an experienced estate planning attorney in the situs or state whose law is cited in the trust instrument.See question
I am the beneficiary and the trust fund was created by my Attorney who is also the trustee, The initial account was $7,000 and he bought stock. Is that normal and he hasn't tried to contact me even though I'm 28 years old. The trust fund should ha...
Trust funds are typically conservatively invested to grow the trust assets. Also, it would be unusual for someone to have an attorney create and administer a trust over the sum of $7,000 that is required to be distributed when the beneficiary reaches 18; this is much more easily accomplished with a custodial bank account. Have you actually received and read the trust document yet?See question
The probate lawyer told me he will check on the trust fund and will call me in a few days, but why didn't he just give me the account? And if the trust fund has stock shares then the money could of grew correct? I just found out in 2017.
It's really not clear whether the attorney you are complaining about is the trustee or an attorney you hired to look into the trustee. In the case of the trustee, the trust instrument governs what documentation the trustee is required to provide to beneficiaries and in what time frame, though a probate court motion can compel specific disclosures in most cases. Unless the trust document specifically gives a right and time frame for you to request and receive the documents you want, all you can do is ask a court to intercede. In some cases there are very good reasons for not disclosing information and specific account details.
If you hired an attorney to help with this, the request is bound by the same restrictions one by you directly would be and he or she may just be being courteous in giving the trustee time to produce the records.
In either case, a trustee is entitled to a reasonable period of time to compile and produce documents requested by a beneficiary. Many people and many lawyer's especially don't always get back to people as soon as expected, but most probate judges would consider a production of documents anytime within three months of a request to by a typical situation that does not reflect poorly on a trustee's service. A few days of not hearing back is really nothing.See question
Dad died yesterday ago was in nursing home medicaid at the end. Now someone left him money that is now coming t o me will medicaid take the money
The State has a priority claim against the estates of decedents to the extent of the state's payment for nursing home services under Medicaid and for certain other programs. If someone passed away before your dad leaving your dad an inheritance, or if that person passed away after your father but left a gift that was valid even if your father died first, that inheritance would become part of your father's estate, and could be tapped into to fully reimburse the State. If the gift automatically goes to you under the other person's estate because your father died, it's no longer his inheritance, and the state can't come after you personally for it.See question
Hello - When my mom entered an SNF, she was assigned a staff physician because her APRN didn't have jurisdiction there because she worked for a Community Health Center. I am dissatisfied with the care (or lack thereof) that the staff physician ha...
APRNs can serve be a treater for anyone provided that they are licensed in that state and are consulting with a supervising Medical Doctor on the plan of care for each patient; there are no other "jurisdictional" requirements. Nursing home residents have an absolute right under federal law to have any provider they choose (including a properly licensed and supervised APRN) serve as their physician. It is often difficult to find someone other than the facility’s regulars who is willing to do site visits and accept Medicaid patients, but if the facility is trying to prevent you from using a willing APRN they are breaking the law. If you feel like you need backup in resolving this issue, you can contact the Office of the Long-Term Care Ombudsman for support and mediation, free of charge.See question
step father put in nursing care long term , gave me a house 10 years ago . it was his primary residence before going into facility . House been in my family for 52 years . I ve lived in it for 9 years . I am the poa for him and owner of house . ye...
It sounds like you may be mistaken as to your ownership...if MassHealth were to lien a property in which your step-father had no ownership interest, it is called a slander to title and could be fought outside of his benefits process. You would just need to provide the deed showing it's no longer in his name, which should have been recorded in the land records, and if it wasn't you should record IMMEDIATELY.See question
My father was in the nursing home and the lawyer had him and me sign some papers so he could get Medicare. That's what she said. After he passed I found a part of the trust that said I. Have up to six months to buy the house. She never disclosed t...
A lawyer's ethical obligation to an impaired client is to do whatever is in the client's best interests consistent with the client's wishes, to the extent the client can understand them. The lawyer has no obligations with respect to the beneficiaries or the future administration of the trust after being hired to create it, so it is not fraudulent and would be very hard to make any sort of case.
Your issue, if any, is with the trustee of the trust. However, the Trustee's only duty of disclosure is any accountings ordered by the trust and otherwise to provide trust documents *after a beneficiary has requested them.* The trustee's action might have violated the trust's terms, but if s/he wasn't actively concealing the trust from you against your wishes, and you made no effort to reach out and attempt a purchase on your own, the court could still hold the premature sale to be a harmless error. Additionally, if the sale was part of a liquidation to repay medicaid benefits, which might be the case, then there may be other superceding factors.See question
I have established a trust for my daughter. My brother is Trustee. If I as donor, make a contribution to the trust, the trustee is supposed to notify the beneficiary of right of withdrawal. The beneficiary in this case is a minor so the notice ...
The notification should still be made in writing for recordkeeping purposes. All you need is a model form and change the date and amount each year; hardly takes any effort.See question
I own a property in the UK and want to give power of attorney to a family member to deal with its sale. How do I do this?
Yes, with a few caveats.
First, the POA should spell out the authorities of the agent in plain English, rather than relying on any state-authorized short form or statutory references.
Second, the POA must be acknowledged before a Notary Public or Town Clerk, even if not required by state law, and must then be forwarded to the Secretary of the State/Commonwealth in which the document was executed for the attachment of a certification called an APOSTILLE, which confirms that that individual is an officer of the state and properly acknowledged the document. An English language document with acknowledgement and apostille will be recognized without anything more by any English-speaking country that subscribes to the Hague Convention, which the UK does.See question