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Summoned by superior court over last will & testament that i was not made aware of need to file an appearance. What do I do now?
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Answered on July 17, 2014
Three are two common reasons a beneficiary of an estate is named as a defendant in superior court. The first is that someone is appealing the...
Archived
Can a MA probate judge order a trustee to distribute funds if the trust is ruled to be part of the marital estate in a divorce?
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Answered on July 06, 2014
Massachusetts Probate and Family Court judges have equitable jurisdiction to establish title to property, which is a fancy way of saying that even...
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I have power of attorney for my mother with Alzheimers. Her lawyer doesn't return phone calls. Can I fire him?
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Answered on July 02, 2014
This is a tricky ethical area, but the short answer is "probably." If the lawyer is not actively under contract to do a specific type of work, you...
Can the executor of an estate sell the property without consent of the other heirs?
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Answered on July 02, 2014
If the property is not specifically given to anyone under the will, your ability to sell it will be based on the administrative provisions of the...
Archived
Father passed away with no wil, house is being sold does step mother automatically get half &then my brother & I split other 1/2
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Answered on July 02, 2014
It depends on *how* your mother is "on the house." If she has survivorship rights, which would usually be the case, she owns the house entirely,...
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Father is a cosigner and on the title of my car my mom has power of attorney over my father can she take my car away.
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Answered on July 02, 2014
The registered owner of the car is the one with the posessory interest. The fact that he cosigned the lone, if he appears on the title only in...
Archived
My aging Mother lives in Branford, CT and has small 401k. When would she need to file Title 19 for Medicaid to follow Medicare?
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Answered on July 02, 2014
A medicaid recipient in long-term care can have any form of assets they desire so long as the cash value does not exceed $1,600. So the mere...
I think the court appointed executor of my dad's estate is getting hateful. Is there anyway to get a new one?
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Answered on June 30, 2014
If the person truly is an executor, then that means your father had a will and the person appointed by the court was your father's choice. As...
What are correct responses when requesting new EIN needed due to death of original trustee with (revocable) Living Trust
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Answered on June 24, 2014
The trust generally has become irrevocable by virtue of the settlor's death, which is why you need an EIN. Remaining info will relate to the you,...
Transfer of assets (i.e., property) to spouse and Medicaid eligibility implications in the state of Massachusetts.
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Answered on June 23, 2014
If the couple was married and cohabitating in the house prior to the nursing home admission, the house can be transferred without penalty to "Fred"...
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