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MA Estate Planning Law (Wills/Probate) Questions and Answers

Topic	Replies	Created	Last reply
Estate planning using spendthrift trust I'm trying to do some estate planning to provide for my only son (26 years old). He seems to fly through his money and often asks me for lo...	1	4 years 1 day ago by SueH	4 years 23 hours ago by The Editor
Updating estate planning and will My wife and I have an estate plan that we paid thousands of dollars for about 3 years ago. We were wondering how often we should be updating our docum...	1	4 years 6 days ago by Trace2009	4 years 6 days ago by The Editor
Making trust for kids in my will My husband says he can take care of our estate planning with a form will from the Internet. I have told him (on many occasions) that he is an idiot, ...	1	4 years 1 week ago by Anonymous	4 years 1 week ago by The Editor
Naming guardians for kids in will or trust My husband and I are thinking of naming his sister and husband as guardians for our 3 kids if we died. Any thoughts on that process, or anything we sh...	1	4 years 2 weeks ago by Sharon34	4 years 2 weeks ago by The Editor
Can I make a Trust for my dog in MA? I am very, very worried about what will happen to my dog if I outlive her. Does Massachusetts law allow me to set up a trust to take care of her?	1	4 years 4 weeks ago by Petlover	4 years 4 weeks ago by The Editor
voluntary administrator My sister died intestate and my father will become voluntary adminstrator of her small estate(consisting only of a car). He will transfer the car to ...	1	4 years 8 weeks ago by Anonymous	4 years 8 weeks ago by Peter Bernardin
Do I have to probate My Dad passed away 3 months ago. 5 years ago he placed his home in a Life Estate transferring ownership to me. He also had a will naming me as sole he...	1	4 years 10 weeks ago by PamSCS	4 years 10 weeks ago by Peter Bernardin
Can I See a Copy of the Will? The administrator of my uncle's estate is dragging things out and not giving me any information. Doesn't Massachusetts law give me the right to a copy...	1	4 years 12 weeks ago by Touchy1	4 years 12 weeks ago by The Editor
Consequences of conveying executors deed v. not doing so In his will my father left his estate (real property) to his children. The deed remains in my fathers name as it has not (yet) been conveyed to us(as ...	1	4 years 14 weeks ago by stawasz_r	3 years 35 weeks ago by Kevin Gaughen Sr.
Executrix Stalling on Dispensing of Property Hi, My Mother in law passed away two years ago last November. The Sister in law was named Executrix. The Executrix threatened my husband to "see ...	1	4 years 16 weeks ago by Bevofi	4 years 16 weeks ago by The Editor
Medical Power of Attorney vs. Health Care Proxy My father in law, 96 yrs and counting, requires assistance in all manners regarding his health care, medications, dr. appts, medication pre-authorizat...	1	4 years 17 weeks ago by pwmorse	4 years 17 weeks ago by The Editor
Property tax credit in Massachusetts Elders My husband says Massachusetts has some kind credit for seniors who pay property taxes. I can't find any information on it. Is he right or, as usual,...	1	4 years 20 weeks ago by SusanG	4 years 20 weeks ago by The Editor
Can a Power of Attorney Expire? Does Massachusetts law put a time limit on how long a power of attorney remains valid?	1	4 years 22 weeks ago by Chicky	4 years 22 weeks ago by The Editor
Determining Mental Capacity for Health Care Proxy I read the article in your Quick Information Library that says I will not lose control of my medical decisions if I do a Proxy, but I'm still not conv...	1	4 years 24 weeks ago by Trolley	4 years 24 weeks ago by The Editor
Health Care Proxy from Another State I just moved to Massachusetts from another state. I have a health care proxy that my lawyer in my old state made for me. Is that good enough, or sho...	1	4 years 26 weeks ago by Anonymous	4 years 26 weeks ago by The Editor
What if my doctor ignores my health care proxy? I have a health care proxy, but what if my doctor or the hospital refuse to honor my wishes? Does Massachusetts law require them to honor my wishes?	1	4 years 29 weeks ago by Anonymous	4 years 29 weeks ago by The Editor
revocable vs. irrevocable trusts Can someone please explain the difference between a revocable trust and an irrevocable trust under MA law?	1	4 years 30 weeks ago by Anonymous	4 years 30 weeks ago by The Editor
Protecting assets I am wondering if leaving my estate to my sister in trust to be used to care for my aging mother is the best way to keep my assets( especially) house ...	1	4 years 32 weeks ago by Anonymous	4 years 30 weeks ago by Anonymous
Probating A Will in MA After the Three Year Limitation- Is it Possible? My dad died in 2006. He had made a proper will leaving the house to my younger brother, then to me if he should die. My brother never probated the wil...	0	10 weeks 5 days ago by Merrill	n/a
New Uniform Trust Code in Massachusetts It's been a busy year for MA attorneys who specialize in estate planning and probate matters. Various parts of the new MA Uniform Probate Code&n...	0	43 weeks 2 hours ago by The Editor	n/a
Executor Appointment Needed to Be Re-Certified? My parents both passed away in 2009. I am the executor/sole beneficiary of the estate. I filed their last individual tax forms for the year 2009 in 20...	0	1 year 2 weeks ago by hotwagw	n/a
Filing of First Accounting under new UPC I was appointed Executor of an estate in August 2011. I have currently been asked by my attorney to prepare info for the First Accounting. Under the...	0	1 year 6 weeks ago by nssg	n/a
Brother named executor, no estate technically to probate, but need paper stating he was named executor for a certain matter... My father passed away in Dec. 2009. Three years before his passing, he had a will drawn through his attorney, naming my brother executor. He left the ...	0	1 year 11 weeks ago by PapRLG	n/a
Delay in filing final account with probate court? If an administrator has paid all the liabilities of an estate and distributed its assets, may the first and final accounting cover only the period unt...	0	1 year 17 weeks ago by j.e.burke	n/a
My father passed in Feb. without a will and i wanted to know what i need to file All i need to do is close his bank account and switch his car to my name. I live in NH and have been getting the run around i am low income myself so ...	0	1 year 36 weeks ago by cjrsr5	n/a
Questions re: Miscellaneous Provisions in a will I've written my Last Will & Testament using a will template that's supposed to be legally valid in Massachusetts. I have questions about two items in...	0	1 year 41 weeks ago by Diana	n/a
Estate benneficiary dies. Does his chid have claim to his share of the estate? My Grandfather died without will and with everything in his name. I am told that the property is now an estate and must be divided to hi wife (my gran...	0	1 year 43 weeks ago by rkc20081	n/a
Retirement Account Beneficiaries before/after marriage I'm middle-aged and getting married soon for the first time. My fiance has already been added (by me) as a beneficiary to some of my bank/investment a...	0	1 year 43 weeks ago by Anonymous	n/a
Copies of Wills... Hello again... My dad only had one copy of his will... Can I photocopy it and present the original along with copies to a notary to be signed and ...	0	1 year 48 weeks ago by Wondering	n/a
What constitutes estate expenses? My brother is questioning the way I spent money from the estate of our father. He says that because I am inheriting 2 pieces of real estate, he wants ...	0	2 years 1 week ago by Anonymous	n/a
Recourse for poor estate administration? I'm one of 6 beneficiaries named in a MA estate; decedent's date of death was in 2008. The executor never filed an inventory with Probate, and benefi...	0	2 years 1 week ago by Anonymous	n/a
Rembursement for Funeral Expenses My cousin filed a copy of my fathers 2008 Will and I am in receipt of his 2010 Will. I then filed an objection to the 2008 Will, but I decided that I ...	0	2 years 6 weeks ago by kerr	n/a
Mother died ex-wife wants her stuff Unfortunately, my mother recently died from complications from emphysema. She wanted to move closer to both me and my children. I am divorced but was ...	0	2 years 8 weeks ago by Steve98	n/a
Reluctant Executor wondering if I need to contest will. I was named executor (not in effect yet) of my mother's last will and testament. I was told it would take five weeks by the lawyer. It states in the ...	0	2 years 9 weeks ago by Anon22	n/a
friend died, his executer died before him, i'm trying to help settle his estate Thank your for this forum! I've read all of the threads that seem to apply, but still have a couple of questions. My elderly friend died in Decembe...	0	2 years 10 weeks ago by Norris_Friend	n/a
A question regarding will and testament If I scan my will and send it to my friend which is also my representative, will this will be legitimate in the court of law although it's not the ori...	0	2 years 12 weeks ago by itay	n/a
Beneficiary wants accounting of MA trust Several years ago my mother died and left some property in a trust with my uncle as trustee. I'm not sure but I think the uncle's kids get some of th...	0	2 years 42 weeks ago by Donaldson	n/a
What are the trustee's reporting responsibilities to the beneficiaries of a revocable trust after the donor's death? The donor set up a revocable trust. The donor's will instructed that the remaining estate be placed in the trust. The distribution of the trust to the...	0	2 years 47 weeks ago by seekingtrustinfo	n/a
Sole Beneficiary/Transfer of Deed question I am the sole beneficiary in my husbands will. We were married in the hospital 4 days before he died. He was mentally sound, his family attended our m...	0	3 years 35 weeks ago by kebrere	n/a
Life Estate Family member is currently in LTC facility with pending MassHealth application. 86 years old No children. Never married. Only asset is house. No ...	0	4 years 17 weeks ago by MassConfusion	n/a
parent with an estranged spouse and no will My father is dying, and I fear that I will have to go to court with his estranged spouse, with whom he hasn't not been with for over 10 years. He does...	0	4 years 19 weeks ago by sissabee78	n/a
What happens if I remarry What is the MA law regarding inheritances for a second spouse to a man with adult children and surviving ex-wife? What if he dies intestate ie without...	0	4 years 32 weeks ago by Anonymous	n/a
Bankruptcy and Beneficary 25-Jan-2008 1:11 PM -- rebelblue I filed chapter 7 bankruptcy. My mother passed away leaving enough on her insurance to pay for the fun...	0	4 years 40 weeks ago by admin	n/a
cotesting a will 11-Feb-2008 9:52 PM -- Richard Richard,The trust documents should state what happens to the property in the trust when the trustee passe...	0	4 years 40 weeks ago by admin	n/a
farter died tcsoul 1 post 8-Mar-2008 5:36 AM my father died a couple of weeks ago. i have try to access his...	0	4 years 40 weeks ago by admin	n/a
rebates? do i need a lawyer? what kind? 17-Mar-2008 1:24 PM -- ig88d Basically i bought a car that had a $8k rebate advertised. I followed the terms of the rebate and the rebat...	0	4 years 40 weeks ago by admin	n/a
Family lawsuit revolving around deed on house 11-Apr-2008 11:11 AM -- jezie My aunt is suing my father for her 'percentage' of the value of HIS home. It's a bit complicated, but I wi...	0	4 years 40 weeks ago by admin	n/a
If you file a chapter 13 16-Apr-2008 6:05 PM -- ann0316 I was in foreclosure and filed a chapter 13 to halt off the auction date, but we realize we will not be a...	0	4 years 40 weeks ago by admin	n/a
condo fines 23-Apr-2008 3:42 PM -- scigenius can a condo association just make up random amounts to be fined to people? is there a limit? Our associ...	0	4 years 40 weeks ago by admin	n/a
open meeting law gregGuest0 post 3-May-20081:40 PM Is a condo association subject to the open meeting law? JohnnyRocket23 post s4-May-20086:05 PM Greg, You condo ...	0	4 years 40 weeks ago by admin	n/a
lame duck association 14-May-2008 2:11 PM -- rocky58 my condo complex is very small with a couple of existing condos and a few to be built. the existing build...	0	4 years 40 weeks ago by admin	n/a
Irrevocable funeral trust & medicaid 14-May-2008 9:09 AM -- Ed Brown That is a good question. The people I talked to said they doubted such a trust is possible. Even with ...	0	4 years 40 weeks ago by admin	n/a
attorney complaint 23-May-2008 9:57 PM -- mel my sister and i are beneficiaries and co-trustees of my mother's trust. do i have cause to file a complaint a...	0	4 years 40 weeks ago by admin	n/a
Attorney rip off 10-Feb-2008 2:34 PM -- shrlook My child was removed from the commonwealth of MA by her father. We were never married and he only had te...	0	4 years 40 weeks ago by admin	n/a
not really life estate but ...... 19-Jun-2008 4:43 AM -- Hal I agree with editor - this involves some tricky planning. I understand your goals - ideally there would hav...	0	4 years 40 weeks ago by admin	n/a
irrevocable trust 16-Jun-2008 5:33 AM -- ljfIf I want to avoid Medicare and i put my house in trust, can I collect the income of the trust? Also, what is a special powe...	0	4 years 40 weeks ago by admin	n/a
Durable Power of Attorney 18-Jun-2008 7:40 AM -- cherylb My Dad who is 78 has been advised to get a durable power of attorney. I will be his agent. Can do this my...	0	4 years 40 weeks ago by admin	n/a
Non-payment of child support!!! 21-Jun-2008 2:27 PM -- My ex husband just informed me that in one month, when my daughter moves in with her grandmother, (my mom) in order for her to ...	0	4 years 40 weeks ago by admin	n/a
Moderate Income Housing/Association Fee 23-Jun-2008 9:03 PM -- StaceyThe master deed assigns condo association fees based on the percentage of ownership. There are 4 moderate income units. I...	0	4 years 40 weeks ago by admin	n/a
Numerous problems but Developer not responding 11-Jul-2008 12:12 PM -- annajasonWE have been facing numerous problems such as roof leaks and other such issues with our new construction. Condo owner...	0	4 years 40 weeks ago by admin	n/a
irrevocable trust 22-Jul-2008 4:39 AM -- ginad Is there a trust that is non-interest bearing for justreal estate? Is it protected from Medicare? ...	0	4 years 40 weeks ago by admin	n/a
condo violations 13-May-2008 9:15 AM -- 8bobbyI am the chairman of our condo board. We are just 4 month old, prior to that developer had control. Can the board fine pe...	0	4 years 40 weeks ago by admin	n/a
condo association 23-Jan-2008 7:37 AM -- Jim RobertsI was the first to buy and have now been in my condo unit just 1 1/2 months shy of two years. The original owner of ...	0	4 years 40 weeks ago by admin	n/a
Condo rules and regulations enforcement 23-Jul-2008 3:15 PM -- dogyard To whom it may concern,I am a trustee in a 3 unit building and my neighbor, also a trustee, has been leas...	0	4 years 40 weeks ago by admin	n/a
will and trust that excludes male issue... 27-Jul-2008 12:44 PM -- psdumas Hi all..I'll try to be as simple as possible in explaining this.My husband's grandmother(known as Great ...	0	4 years 40 weeks ago by admin	n/a
New Landlord - Security Deposits JulieP Guest 0 post 3-Aug-2008 3:06 PM I have been reading Philip Lapatin's Mass Landlord Surviva...	0	4 years 40 weeks ago by admin	n/a
I want the best trust litigator on Cape Cod Anonymous Guest 0 post 5-Aug-2008 10:48 AM To all,Who, in your opinion, is the best trust litiga...	0	4 years 40 weeks ago by admin	n/a
Former condo owner now squatting 31-Jul-2008 10:40 PM -- Anonymous A former owner of a condo in my building (of which I'm a trustee) has continued to live in her unit fo...	0	4 years 40 weeks ago by admin	n/a
will and probate 12-Aug-2008 5:05 PM -- AnonymousGood evening, My Mother passed and my siblings (there are three others) would like to execute her will. She wanted us ...	0	4 years 40 weeks ago by admin	n/a