Currently Browsing: Probate Administration

Legal News: Bankruptcy: Post-petition financing-Spouse

This Week's Decisions (Mass Lawyers Weekly Newspaper dated 2/3/2020) Where a debtor has moved for authority to engage in post-petition borrowing from her husbnad, the motion should be denied because the debtor has not met her burden of showing...

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Legal News: Parent and child (Termination of parental rights - Visitation)

Mass Lawyers Weekly (This Week's Decisions) 1/27/2020 Where a mother's parental rights were terminated based on a finding of unfitness, a remand for further proceedings is necessary regarding postadoption visitation.  "An order of...

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Legal News: Examples of Authority Usually Granted in a Health Care Proxy

When mental incapacity arises, attention is often directed to the asset management problems, but equal and sometimes greater problems related to health care decisions are also presented. Perhaps too much attention had been placed on the ultimate...

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Legal News: Real Property: Resulting Trust - Joint Tenancy

Lawyers Weekly Newspaper dated 1/20/2020, This Week's Decisions: Where a plaintiff and his defendant brother own real property as joint tenants, a judgment should enter declaring that the defendant holds his interest in a resulting trust for the...

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Legal News: Examples of Authority Usually Granted in a General Durable Power of Attorney (Part 2 of 3)

Examples of Authority Usually Granted in a Genearl Durable Power of Attorney: To make deposits or withdrawals from your bank account or cash management accounts or to open new ones in your name. To buy or sell your stocks, bonds or other assets as...

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Legal News: Resulting Trust - Joint Tenancy

Copied from Lawyers Weekly Newspaper dated 1/20/2020 (This Week's Decisions Segment) Where a defendant who co-owns real property with the plaintiff, her son-in-law, as tenants in common has contended that the plaintiff does not have a statutory...

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Legal News: The Durable Power of Attorney & Health Care Proxy (Part 1 of 3)

Documents called a Durable Power of Attorney and Health Care Proxy, which give authority to an agent which continues despite the disability or incapacity of the make of the power. It is a substitutue for a court-appointed guardian or...

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Legal News: The Secure Act: Part 3 (cont'd from 1/29/2020)

So, what does all this mean to you? Fortunately, for the purposes of the new 10-year payout requirement, the rules for determining how beneficiaries are designated do not come into play until the death of the original account holder. This reprieve...

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Legal News: The Secure Act: (Cont'd)

The SECURE Act allows most beneficiaries a maximum deferral of 10 years. Unless one of the following four exceptions to this new rule applies, the entire balance of the account must be paid out within 10 years of the original account...

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Legal News: The Secure Act: How it Impacts Your Retirement Planning

On December 20, 2019, President Donald J. Trump signed the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”) into law. If you have a retirement account and/or if you anticipate being named as a beneficiary...

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