Archived
Both my parents will need a nursing home. Their only asset is 60% ownership in their home. Can MassHealth force them to sell it?
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Answered on March 13, 2015
The smart move is to rent the house when both of your parents have moved and pay the net proceeds to the nursing homes as applied income. That way...
Archived
Is repayment of a loan made by a beneficiary to a trustee (revocable trust), considered taxable when it is repaid after death?
Scott's answer
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Answered on March 11, 2015
If the estate is making the distribution as repayment of a debt, the interest is taxable income. Additionally, interest that exceeds prevailing...
Can a successor trustee appoint someone poa to help in another state?
Scott's answer
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Answered on March 10, 2015
As stated on your other question, it sounds like you are talking about a decedent's estate and not a trust. In either case, you cannot create a...
Archived
The estate pays for lawyer fees. What if there is an account that the trustee doesn't want to use?
Scott's answer
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Answered on March 10, 2015
Unfortunately, your explanation here raises more questions than it has answered. For starters, it sounds like your brother was deeded the house...
Archived
My spouse became incapacitated during divorce. Can his durable power of attorney and lawyer continue our divorce in his behalf?
Scott's answer
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Answered on January 08, 2015
Currently an attorney-in-fact cannot execute a divorce. However, a conservator does have that power.
Archived
What is needed to set up a trust for your home
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Answered on January 05, 2015
It's simply a matter of having an attorney draft the trust document and then having you deed the property over to the trust. Costs can range...
How to get a copy of my deceased father's will in Conn. from a rival sister who is hiding all financial info from me.
Scott's answer
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Answered on December 27, 2014
You should retain a probate attorney near your father's last residence to address this for you if you think it will be contentious. Probate is an...
Is it illegal for a University to invade the principal of an endowment when there is no such language to do so in the endowment?
Scott's answer
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Answered on December 20, 2014
If there is a granting instrument, such as an endowment agreement or a trust, the document governs what the University can and cannot do. If it...
Does a spendthrift provision allow a trustee to withhold an otherwise mandatory distribution to a beneficiary?
Scott's answer
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Answered on December 03, 2014
The operative word is "right." If the trust document orders payment or gives your wife the right to demand payment of an ascertainable amount,...
Archived
Should we turn control over estate funds to the law firm?
Scott's answer
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Answered on November 25, 2014
If there are significant funds in this significant estate, the law firm is obligated to establish a separate trust account where the interest is...
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