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| Topic | Replies | Created | Last reply | |
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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 |
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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 |
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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 29 weeks ago by Anonymous |
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Probate estate in MA when there is no will (father's estate) My Father died almost 9 months ago without a will. His wife and him were separated at the time being and she is supporting my decision to become the R... |
2 | 2 weeks 2 days ago by Lilieblue |
2 weeks 1 day ago by Peter Bernardin |
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InTerrorem clauses in Massachusetts Wills or trusts My mother passed away leaving a will with an in torrorem clause, as well as a separate Realty Trust that has her children as beneficiaries ( two sons ... |
2 | 5 weeks 6 days ago by Whaler |
5 weeks 5 days ago by Whaler |
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Harassment for executor probating Massachusetts will I was named the Executor of my father's will. I just filed for Probate. Meanwhile, my siblings (all are beneficiaries, one was POA, one is Successor A... |
2 | 11 weeks 3 days ago by airie32 |
10 weeks 6 days ago by airie32 |
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Voluntary Administration I was named the Executor of a legal will and had just notified the successor executor and other beneficiaries, including the POA, by certified letter... |
2 | 15 weeks 3 days ago by airie32 |
14 weeks 3 days ago by airie32 |
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Secret Child seeks inheritance from MA estate My husband and I just buried his Dad. Immediately after burial, his Dad's 20 year mistress claims she was NOT his mistress, but his daughter and is as... |
2 | 15 weeks 5 days ago by Kitty |
15 weeks 4 days ago by Kitty |
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Probate estate taxes and costs in MA I was curious to know what the % of estates go through probate (rather than just having a formal trust)? Also, what are typical percentages that are c... |
2 | 19 weeks 2 days ago by tfernandes49 |
19 weeks 20 hours ago by Thomas Swain Smith |
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Powers of personal representative in MA estate Hello. My uncle died two weeks ago and my family is supporting me in becoming the
personal representative as my uncle requested in his will. My qu... |
2 | 23 weeks 5 days ago by JimW81 |
23 weeks 4 days ago by Peter Bernardin |
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Change terms of trust in MA? Hello. My parents set up a trust a while ago and made me the trustee. The trust says that when my father dies (my mom is dead already) then the mone... |
2 | 26 weeks 3 days ago by SamanthaT |
21 weeks 2 days ago by Thomas Swain Smith |
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Accountings - Trustee as current and sole income beneficiary My aunt created a trust years ago. She died about 10 years ago and her husband is current trustee and current sole income beneficiary. The other con... |
2 | 33 weeks 3 days ago by Interested party |
32 weeks 1 day ago by The Editor |
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MA Probate & Intestate Estate My parents were divorced in 1979 but were Tenants By The Entirety in the marital home. The divorce agreement left no rights of the either party in the... |
2 | 39 weeks 2 days ago by bsprtsgrp |
30 weeks 1 day ago by cynthiaambuster |
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Can an adopted child still inherit from birth parent in MA? Hello there. My mother and father divorced when I was 11 years old. Later, my mom remarried and my step-dad adopted me. My birth-father died recentl... |
2 | 44 weeks 5 days ago by GBN78 |
19 weeks 20 hours ago by Thomas Swain Smith |
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Difference between a will and a trust Hello. I'm sorry if this is a stupid question but when I decided to do something about my estate plan I realized I don't really even know the differe... |
2 | 1 year 9 weeks ago by Devlin9 |
19 weeks 20 hours ago by Thomas Swain Smith |
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Estate planning for Alzheimer's patients in MA? My wife and I are caring for her mother who has Alzheimer's disease in it's early stages. She is still very much in touch with reality and only has "p... |
2 | 1 year 31 weeks ago by Bears |
1 year 31 weeks ago by HeritageLaw |
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Do I need to go to Probate? My brother passed away on July 7th of this year. His only asset is a ~$30K retirement annuity he had with a local MA trade union. He did not have a ... |
2 | 1 year 39 weeks ago by Bill Harrison |
1 year 38 weeks ago by Bill Harrison |
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Amend my will when beneficiary name changes? I live in Massachusetts and have had a last will in place for over ten years. I don't have a lot of property just a house that is paid for and couple... |
2 | 1 year 39 weeks ago by BBurton |
1 year 39 weeks ago by Peter Bernardin |
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Breach of Fudiciary Duties Hi there, I was wondering if I can sue a former trustee due to incompetence (gross negligence in managing bad investments) and animosity towards a be... |
2 | 1 year 41 weeks ago by rays22 |
1 year 41 weeks ago by rays22 |
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Should these accounts be included in Probate? Hello to all..
My dad recently passed and I have been his POA for many years. I am co-owner on several of his bank accounts and CDs but they have ... |
2 | 1 year 48 weeks ago by Wondering |
1 year 48 weeks ago by Wondering |
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Probate Jurisdiction on bank account with National bank My parents opened a joint checking account with Bank of America when they were Maryland residents, but my father also had individual savings account w... |
2 | 1 year 49 weeks ago by probateq |
1 year 49 weeks ago by probateq |
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Pet trust in Massachusetts after animal dies I understand that I'm now able to set up a trust that will look after my pet after I'm gone because Massachusetts recently changed the law for that. ... |
2 | 2 years 2 days ago by LouiseG |
43 weeks 5 days ago by admin |
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Special power of appointment in Massachusetts Playing cards with buddy last week he started talking about how his attorney had him give property to his kids but with a special power of appointment... |
2 | 2 years 5 weeks ago by Anonymous |
2 years 5 weeks ago by Peter Bernardin |
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Restrictions on who can be my executor in MA? I'm updating my estate planning documents and my wife and I are having a little disagreement about who I should name as my executor. I was lead to be... |
2 | 2 years 16 weeks ago by EBanks |
2 years 16 weeks ago by The Editor |
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Will Issues if Spouses Die Simultaneously Assume a married couple has no children and the spouses plan to leave everything to each other. If they both die at the same time, a plane crash, fo... |
2 | 2 years 27 weeks ago by rcc130 |
2 years 27 weeks ago by rcc130 |
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Avoiding probate for unmarried couple The issue involves an unmarried Massachusetts couple. Partner (A) who is preparing to write a will,owns the residence in which they live and wants to ... |
2 | 2 years 27 weeks ago by stawasz_r |
2 years 27 weeks ago by stawasz_r |
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Capital Gains Tax on Estate in MA I am the executor of my mother's estate. We are in the process of selling her home and are wondering what the law is in regards to capital gains tax o... |
2 | 2 years 29 weeks ago by NancyS |
2 years 29 weeks ago by Kenneth Brier |
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Sue trustee for bad investments under MA law? My dad set up a trust for me before he passed away but I don't get the actual money until I'm 25. For now the trustee manages the money and I get inco... |
2 | 2 years 30 weeks ago by Anonymous |
43 weeks 5 days ago by admin |
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Trustee refuses to send account information for trust My two boys, age 12 and 15 are the beneficiaries of a trust set up by a great-aunt who passed away several years ago. The trustee is an attorney in M... |
2 | 2 years 35 weeks ago by bender56 |
1 year 49 weeks ago by bosmass |
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Purchase and Sale Agreement/License to Sell Estate Property I have been legally named the executor of my mother's estate. Her house has been put up for sale, and I have recently received on offer for purchase,... |
2 | 2 years 38 weeks ago by NancyS |
2 years 38 weeks ago by NancyS |
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Can A Life Estate Be Taken Away? Can A Life Estate Be Taken Away By The Giver? In my case the giver is my sister and she has had mental problems as of lately.
She has been in three P... |
2 | 2 years 41 weeks ago by Bluesrains |
2 years 41 weeks ago by Bluesrains |
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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... |
2 | 2 years 42 weeks ago by Donaldson |
43 weeks 5 days ago by admin |
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Second marriage and estate planning My husband and I are both in our second marriage. We don't have a lot of property, just a house that we own together and our "stuff" around the house... |
2 | 2 years 46 weeks ago by SwimT |
1 year 27 weeks ago by admin |
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Converting from revocable to irrevocable trust for Medicaid I currently have a revocable trust with several pieces of property in it and some stock funds. If I amend the revocable trust to make it a irrevocabl... |
2 | 2 years 51 weeks ago by Anonymous |
2 years 51 weeks ago by David |
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Requirements of a valid will in Massachusetts (must be notarized)? My husband and I had our wills done years ago by an attorney who is no longer living. I was looking at our wills last night and noticed that there is... |
2 | 3 years 6 days ago by Mrs.M |
2 years 51 weeks ago by David |
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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 |
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How long does probate take in Massachusetts? Is there some rule of thumb about this? My mother passed away about 6 months ago and my sister is the administrator. I don't think she's doing anyth... |
2 | 3 years 5 weeks ago by Anonymous |
1 year 27 weeks ago by admin |
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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 |
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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 |
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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 24 weeks ago by Kevin Gaughen Sr. |
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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 |
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Expedited probate in MA (Voluntary Administration) My mother passed away recently with no will and very few assets. Her house is already in my name and she had a car worth about $3,000 and personal bel... |
2 | 3 years 26 weeks ago by bobtwill |
1 year 27 weeks ago by admin |
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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 |
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Language to leave son or daughter out of will In another answer you said MA law allows you to leave a son or daughter out of a will and said you need to use "specific language to identify the chil... |
2 | 3 years 40 weeks ago by Anonymous |
1 year 12 weeks ago by admin |
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Who must administrator notify when probating a will? Who am I required to notify and list on the probate form for the court? |
2 | 3 years 42 weeks ago by PendingExecutor |
1 year 27 weeks ago by admin |
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Can administrator of estate hire a probate attorney? I think I'm going to be appointed administrator of my mom's estate by the probate court. It is a fairly large estate including real estate and person... |
2 | 3 years 45 weeks ago by Shirl84 |
1 year 25 weeks ago by admin |
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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 |
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Voluntary administrator My sister past away in 1992 without a will. My father applied and became the adminsitrator of her esttae. He died in 1999. He had a will and I was ... |
2 | 4 years 3 weeks ago by Anonymous |
1 year 27 weeks ago by admin |
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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 |
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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 |
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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 |
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Must this will be probated under Massachusetts law? My father passed away recently. His will leaves everything to Mom, with no other beneficiaries, but he was officially poor at time of death (on MassHe... |
3 | 14 weeks 1 day ago by Graewynd |
13 weeks 5 days ago by admin |
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Penalty for contesting a will in Massachusetts? I haven't gotten along very well with my father over the years but we always maintained our relationship. Now he is suffering from what I believe to ... |
3 | 1 year 13 weeks ago by Bird85 |
1 year 12 weeks ago by admin |
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Tenant Liabilities Regarding Rental Income to Estate , Will Filing Deadlines I've read the threads here regarding filing of inventories, and appreciate the advice about reasonable expectations.
My mother has passed away in se... |
3 | 1 year 18 weeks ago by Whaler |
1 year 18 weeks ago by admin |
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How long does executor have to file inventory for will in MA I was appointed executor of my brother's estate four months ago and I'm still trying to get a handle on his mess of an estate. I believe he may own o... |
3 | 1 year 36 weeks ago by NathanV |
1 year 27 weeks ago by admin |
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Intestacy laws in Massachusetts I know you talked about this in some other posts, but can you explain a little bit about exactly who gets what when a person dies without a will in MA... |
3 | 1 year 42 weeks ago by GeraldB |
18 weeks 6 days ago by Thomas Swain Smith |
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house and spousal share in MA I have a question about whether I can keep my house after my husband dies. I've read on the Internet that his will is not valid because he married me... |
3 | 2 years 12 weeks ago by Anonymous |
1 year 27 weeks ago by admin |
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Assent to Account I received an Assent to Account (Substituted First and Final) and Receipt and Release for the Final Distribution. It looks like it is assenting to the... |
3 | 2 years 21 weeks ago by Anonymous |
1 year 27 weeks ago by admin |
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When must will go to probate in MA? My brother is the executor of my dad's will and he has the copy of the will. Based on some info I found on your site I told my brother he needs to de... |
3 | 2 years 27 weeks ago by Anonymous |
1 year 27 weeks ago by admin |
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Is there a time limit for filing A work colleague has a situation where her father died 2 years ago, leaving his estate in an irrevocable trust. The trustee, girlfriend at the time, ... |
3 | 2 years 39 weeks ago by Anonymous |
2 years 38 weeks ago by Kevin Gaughen Sr. |
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Change estate plan after divorce? My uncle was just divorced from his wife of five years and he asked me if he needed to make any changes to make sure his ex spouse did not inherit any... |
3 | 3 years 7 weeks ago by Anonymous |
1 year 27 weeks ago by admin |
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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 |
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How can the beneficairies of a will remove the old and appoint an new executor? My father past away over three years ago and the estate is still in probate with the Suffolk Probate and Family Court.
The executor in charge has ... |
4 | 15 weeks 18 hours ago by needestatehelp |
14 weeks 6 days ago by admin |
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Probate jurisdiction question
I hope I'm not duplicating my post; it didn't seem to show up the first time.
My Dad passed away at my Massachusetts home after a 5 month battl... |
4 | 2 years 11 weeks ago by Margaux |
14 weeks 6 days ago by admin |
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Changing or replacing executor for will in Massachusetts I was named the executor of my brother's will but because of an illness and because she is a CPA I think my wife would do a better job. Does the law ... |
4 | 2 years 33 weeks ago by Brian58 |
1 year 27 weeks ago by admin |
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Changing Trustee of Irrevocable Trust My client wants to change her irrevocable trust because her daughter is the trustee and they no longer speak. Is this possible? How would I do so? |
4 | 3 years 39 weeks ago by cat8148 |
43 weeks 5 days ago by admin |
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Advanced Directives Hello,
I am conducting research on Advanced Directives. This post is to solicit opinions of what, those experienced in the area, consider to be "Evol... |
5 | 4 years 33 weeks ago by stawasz_r |
1 year 36 weeks ago by admin |
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Revocable Trust-Estate Planning Document's Title Conflict 12/12/2012
*I hope my not using my real name will not prevent my question from being posted and answered.
The title- home part of my trust documen... |
6 | 22 weeks 4 days ago by middle-aged |
19 weeks 20 hours ago by Thomas Swain Smith |
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Leaving a child out of the will (disinheriting) Does MA law allow me to leave one child out but leave property to the other? If so, is there some special procedure I should follow? Thanks in advan... |
6 | 3 years 48 weeks ago by Simpson |
1 year 12 weeks ago by patotas |
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