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

Topic	Replies	Created	Last reply
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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 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 39 weeks ago by admin	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 39 weeks ago by admin	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 31 weeks ago by Anonymous	n/a
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 31 weeks ago by Anonymous	4 years 29 weeks ago by Anonymous
revocable vs. irrevocable trusts Can someone please explain the difference between a revocable trust and an irrevocable trust under MA law?	1	4 years 29 weeks ago by Anonymous	4 years 29 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 28 weeks ago by Anonymous	4 years 28 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 25 weeks ago by Anonymous	4 years 25 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 23 weeks ago by Trolley	4 years 23 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 21 weeks ago by Chicky	4 years 21 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 19 weeks ago by SusanG	4 years 19 weeks ago by The Editor
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
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 16 weeks ago by The Editor
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 16 weeks ago by MassConfusion	n/a
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
Health Care Proxy or Living Will Hello - can a living will/advanced directive be part of a Health Care Proxy or should it be a stand alone document? Thank you!	2	4 years 16 weeks ago by Donald	4 years 16 weeks ago by Donald
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
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 9 weeks ago by Peter Bernardin
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 7 weeks ago by Peter Bernardin
Future inheritance Can someone tell me if, and hopefully how, one can accommodate (as a legacy or trust)an expected inheritance (from parents) into one’s own will when...	2	4 years 6 weeks ago by stawasz_r	4 years 5 weeks ago by stawasz_r
joint bank accounts and estate planning Bank accounts in "dad OR mom OR child". Then "dad" and "mom" die. Who legally "owns" the bank accounts and the money within them? The "child" or the W...	2	4 years 6 weeks ago by debmal04	4 years 4 weeks ago by ym0624
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
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 1 week ago by Sharon34	4 years 1 week 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 6 days ago by Anonymous	4 years 6 days 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 2 days ago by Trace2009	4 years 2 days ago by The Editor
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	3 years 51 weeks ago by SueH	3 years 51 weeks ago by The Editor
Beneficiary as Trustee for MA Trust? I've been thinking about getting an estate plan done and had a question about trusts. I believe in Massachusetts a Trustee can also be a beneficiary,...	1	3 years 50 weeks ago by Anonymous	3 years 50 weeks ago by The Editor
Can I revoke my power of attorney For various reasons, I need to revoke my old power of attorney and draft a new one with a new agent. Can I do that and if so what should I do to do i...	1	3 years 49 weeks ago by Anonymous	3 years 49 weeks ago by The Editor
Dying without a will My grandmother just passed away and either she didn't have a will or she hid it really well. Can you tell me the Massachusetts law or code we should ...	1	3 years 49 weeks ago by Simpleman	3 years 49 weeks ago by The Editor
Relative hiding assets from Will to which he was executor My wife has been estranged from her brother for many years. Recently she called to speak to their mother, who had come to live with him and his wife 1...	2	3 years 47 weeks ago by Subrider618	3 years 47 weeks ago by Subrider618
Using medicaid planning trust for estate planning Can you explain, as briefly as possible, how a Medicaid planning trust works in Massachusetts? I have a feeling I should have one of these but am not...	1	3 years 46 weeks ago by Anonymous	3 years 46 weeks ago by The Editor
Life estate as planning tool I am interested in setting up a life estate for me and transferring ownership of my home to my only child. I like this approach because, from what I ...	1	3 years 46 weeks ago by Anonymous	3 years 46 weeks ago by The Editor
Estate planning if I have no money or property? Really, don't I need to have a certain amount of cash or property to do estate planning or make a will or to make it worthwhile? You know, since I do...	1	3 years 43 weeks ago by Anonymous	3 years 43 weeks ago by The Editor
Can Agent named in Power of Attorney quit and/or collect fees? My mother gave a power of attorney to her sister. After 6 years, the sister decided she had enough, said that she couldn't handle my mother's dec...	1	3 years 43 weeks ago by Concern4H	3 years 43 weeks ago by admin
Contesting named executor of a will who is the only surviving son of the decedent How hard is it to block my appointment as executor by a 30 year companion who is named in the will to remain in the decedent's home for three years af...	1	3 years 42 weeks ago by PendingExecutor	3 years 42 weeks ago by The Editor
Time Requirement for starting the probate of wills Does the law require a will be probated in a certain amount of minimum time after a death. What happens if there are two wills one properly executed i...	1	3 years 42 weeks ago by PendingExecutor	3 years 42 weeks ago by The Editor
Challenging a will for Undue Influence or Lack of capacity Define by example Undue Influence And Lack of capacity for a will or a trust: Please illustrate by use of examples what the court would accept as proo...	1	3 years 42 weeks ago by Anonymous	3 years 42 weeks ago by The Editor
Leaving money to special needs child in trust or will My grandson has special needs (severe autism). He's doing well at his school but, for him, this will be a life-long battle. What is the best way for...	1	3 years 41 weeks ago by Tangier	3 years 41 weeks ago by The Editor
Leaving a legacy letter with my will I haven't talked to my attorney about this yet because I didn't want to add any confusion to my estate plan, but do you think an attorney in Massachus...	1	3 years 39 weeks ago by Millie	3 years 39 weeks ago by The Editor
Joint will for husband and wife Does Massachusetts law allow a husband and wife to have a joint will? It seems strange that we should both do a will when we both want the same thing...	1	3 years 38 weeks ago by MiguelT	3 years 38 weeks ago by The Editor
obtaining deceased father's medical records My dad passed away suddenly in April and the family is interested in obtaining a copy of the medical records generated during his hospital stay. My mo...	1	3 years 38 weeks ago by Anonymous	3 years 38 weeks ago by Peter Bernardin
How do I change my will? I have a will but I want to amend a thing or two. If I make the change in the margin and then initial everything will that work or should I just do a...	1	3 years 37 weeks ago by MDorgan	3 years 37 weeks ago by The Editor
Finding estate planning attorney I'm starting to look for an attorney for my estate planning. There are a LOT of attorneys in the yellow pages who do this type of work and some of th...	1	3 years 36 weeks ago by Juan-Don	3 years 36 weeks ago by The Editor
Process to Transfer Title of Automobile that was left in a Will My mother pass away last year,she had a will and left everything to my brother and I 50/50 with no specificity of property distribution. She owned a c...	1	3 years 35 weeks ago by jbk33	3 years 35 weeks ago by Peter Bernardin
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 13 weeks ago by stawasz_r	3 years 35 weeks ago by Kevin Gaughen Sr.
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 34 weeks ago by kebrere	n/a
Funeral arrangements in Will? Is there any way to assure my wishes for my funeral arrangements (cremation) will be honored after I die. Can I put it in my will? I feel pretty str...	1	3 years 33 weeks ago by RogerH	3 years 33 weeks ago by The Editor
Is it illegal to destroy or hide a last will in MA I guess I'll never be able to prove it but I'm sure one of my brothers who never got along with my mother threw out her last will. My mother always sa...	1	3 years 33 weeks ago by Anonymous	3 years 33 weeks ago by The Editor
Who is entitled to possession of ashes or remains of deceased? My ex husband died in July 2007. Since that time I have been trying to retrieve his ashes for my children who are all young adults. They are his sole ...	2	3 years 32 weeks ago by frustrated	3 years 32 weeks ago by frustrated
Life Estate - Responsiblities My parents created a life estate with me in January 1996. I was young when I became the remainder. To be honest, I did not know that was my title up...	1	3 years 31 weeks ago by pongmaster21	3 years 31 weeks ago by The Editor
Any Estate planning issues for married gay and lesbian couples in MA? Given that Massachusetts now recognizes marriage between gay and lesbian couples, are we pretty much on equal footing with heterosexual couples or are...	1	3 years 29 weeks ago by GWinters	3 years 29 weeks ago by The Editor
Leaving property to charity in will or trust? I own a piece of land in Western MA that is fairly valuable and I'd like to leave it to my favorite charity (a cancer research group). I thought I mi...	1	3 years 28 weeks ago by Nervous	3 years 28 weeks ago by The Editor
MA wills online Pretty sure you'll say no, but is it ever a good idea to buy MA wills online and fill them in yourself? I should say that I have a pretty simple estat...	1	3 years 27 weeks ago by TresT	3 years 27 weeks ago by The Editor
How do I register or transfer car after death of spouse and owner? My dad is very ill and not expected to last much longer. I'm trying to help my mom get his and her affairs in order and will continue to help after h...	2	3 years 25 weeks ago by ChuckW	3 years 25 weeks ago by Peter Bernardin
Question on taxes and distribution of estate I have a couple of questions about the planning of an estate by a friend's father. He has 3 children. He made the oldest son a joint owner on his c...	2	3 years 24 weeks ago by Anonymous	3 years 23 weeks ago by Kevin Gaughen Sr.
vehicle of parent who passed away I have a question for massachusetts estate - if someone's parent dies (the other parent had passed years before), and there is a vehicle, as long as t...	1	3 years 23 weeks ago by Anonymous	3 years 23 weeks ago by The Editor
Distribution of trust assets after death I'm named as a beneficiary in my uncle's trust. I didn't really know him that will, but he put me in there anyway. He died a couple weeks ago and I ...	1	3 years 21 weeks ago by CBurton	3 years 21 weeks ago by The Editor
Estate is now in probate - should I remove any belongings from the home? My mother recently passed away, I am the sole surviving beneficiary in addition to being named the executor and administrator of the estate in the wil...	1	3 years 21 weeks ago by skydiver81	3 years 21 weeks ago by Peter Bernardin
Acceptable length of time to probate will? A relative passed away January 2007. Her will was in the process of being changed when she passed which caused a bit of a hiccup. She did not have a s...	3	3 years 21 weeks ago by kids0406	3 years 20 weeks ago by kids0406
Dying Indigent in Massachusetts My significant other of many years passed away recently (with no will) due to alcohol-caused liver failure. We never married and had no financial...	1	3 years 20 weeks ago by Anonymous	3 years 20 weeks ago by The Editor
Do beneficiaries of will have to pay creditors? My mother passed away last month and I am the only person she mentioned in her will. Her estate is small with just a house (already in my name) and c...	1	3 years 18 weeks ago by Anonymous	3 years 18 weeks ago by The Editor
Distribtion of assets of Revocable trust My sister left a will pouring over her assets into a revocable trust. The Trust specifies that specific beneficiaries are to receive specific amounts ...	1	3 years 18 weeks ago by Anonymous	3 years 18 weeks ago by Peter Bernardin
Will my family have to pay taxes on my life insurance policy? I have a $250,000 life insurance policy with my wife as my beneficiary. If I die within the term of the policy and she colelcts the proceeds will she...	1	3 years 17 weeks ago by Anonymous	3 years 17 weeks ago by The Editor
Forms for guardianship or conservatorship in Massachusetts Thanks for your other posts about guardianship and conservatorship. Do you know where I can find the forms I need to do this for my mother if I want t...	1	3 years 16 weeks ago by Anonymous	3 years 16 weeks ago by Peter Bernardin
How can I see copy of my uncle's last will? I have two cousins and we are all nephews of a great uncle that passed away 6 weeks ago. I know the uncle had a will because he told me did and that ...	1	3 years 15 weeks ago by BrittM	3 years 15 weeks ago by The Editor
Attorney as executor of will in MA I named my sister as my executor in my will. Now she's getting older and I'm worried about the choice. She is fine now but as we get older she might...	1	3 years 14 weeks ago by Anonymous	3 years 14 weeks ago by The Editor
Revocable living trust and Medicaid I think I would rather have a revocable trust for more control over my assets. But does that mean the property in the revocable trust could be counte...	1	3 years 13 weeks ago by Anonymous	3 years 13 weeks ago by The Editor
Durable Power of Attorney and new MA probate code I have a durable power of attorney that references Massachusetts General Laws Chapter 201B. It says that the Power of attorney "incorporates" the pow...	1	3 years 12 weeks ago by Anonymous	3 years 12 weeks ago by The Editor
Gift tax I am trustee for my dad's ILIT. I am going to file a 709 but is there also a MA gift tax return? Which form is it?	2	3 years 12 weeks ago by Anonymous	3 years 11 weeks ago by Peter Bernardin
Compensation for Executor in MA I've been advised by relatives that under Massachusetts law, the executor of a will is entitled to 1/3(one-third) of the estates assets as a form of c...	1	3 years 11 weeks ago by massresident	3 years 11 weeks ago by The Editor
Video will legal in Massachusetts? I think I have a pretty good idea how to save some money and make sure my property goes were I want it to go when I die. I want to do a video will an...	2	3 years 9 weeks ago by Anonymous	3 years 9 weeks ago by Peter Bernardin
HIPAA Authorization for my Health Care Agent? I have my health care proxy and named an agent (all according to Massachusetts law). Now I read that I should also have a HIPAA Authorization for my ...	1	3 years 8 weeks ago by Chutter	3 years 8 weeks ago by The Editor
Recording of Trusts required by MA estate law? Are trusts (all types) required to be recorded in the Registry of Deeds	1	3 years 7 weeks ago by capeseniortoo	3 years 7 weeks ago by The Editor
MA Beneficiary of IRA dies first? My girlfriend's uncle just died and she is one of three beneficiaries of his medium size estate. She just discovered that the uncle's IRA had a benef...	1	3 years 5 weeks ago by davidson	3 years 5 weeks ago by The Editor
Power of attorney for estate? My uncle died without a will and with a small estate about five months ago. He just had a life insurance policy and a bank account with his brother. ...	2	3 years 3 weeks ago by arlanH	3 years 3 weeks ago by Peter Bernardin
Liability of only heir or beneficiary for car loan debt My Dad dies several weeks ago with nothing in his estate. He had a car that is worth next to nothing but somehow a couple of years ago he got a $3000...	1	3 years 2 weeks ago by traveler	3 years 2 weeks ago by The Editor