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Attorney David M. Beliveau

Beliveau Law Group
Experience:  15 Years
Area Served: Greater Boston, Massachusetts

391 Totten Pond Road
Waltham, MA, 02451


Attorney Message

I focus my practice on asset protection, business law, civil litigation, estate planning, estate & trust administration, Medicaid, real estate, and taxation. I have experience with buy-sell agreements, corporations, Charitable Lead Trusts (CLTs), Charitable Remainder Trusts (CRTs), Family Limited Partnerships (FLPs), Grantor Retained Annuity Trusts (GRATs), irrevocable trusts, Limited Liability Companies (LLCs), Medicaid applications, Medicaid irrevocable income only trusts, private foundations, Qualified Personal Residence Trusts (QPRTs), revocable trusts, and wills. I invite you to contact me directly.

Areas of Practice

Summary

Verification- Supreme Judicial Court of Massachusetts

  • Last verified: 2/18/2014
  • Current status is Active
  • This attorney has no record of public discipline.
  • This attorney has certified that he or she is covered by professional liability insurance.

 

Education

University of Miami School of Law, J.D., 1998
University of Notre Dame, B.A., 1993

 

Bar Admissions

Massachusetts, 1999
New Hampshire, 1998
Florida, 1999

 

Professional Associations

Massachusetts Society of Certified Public Accountants
New Hampshire Society of Certified Public Accountants

 

About Me

About David Beliveau

Prior to forming the Beliveau Law Group, LLC, Attorney Beliveau was an Associate of the Probate, Trust and Estate Planning Group at the law firm of Brecher, Wyner, Simons, Fox & Bolan, LLP in Newton, MA (2003-2005), the Estate & Trust Administration Department Manager (2002-2003) and the Estate Planning Department Manager (2000-2002) at the law firm of Cushing & Dolan, P.C. in Boston, MA, and an Associate at the law firm of William H. Kelley, P.A. in Manchester, NH (1998-2000). He is a Certified Public Accountant (CPA) in the State of New Hampshire where he worked for the international accounting firm of Ernst & Young, LLP (1993-1995).


Attorney Beliveau is a member of the Bars of Massachusetts (1999), New Hampshire (1998), and Florida (1999). He is a graduate of the University of Miami School of Law, Cum Laude (1998), and the University of Notre Dame (BBA Accounting; Computer Applications) (1993).

 

Honors and Awards

  • Avvo 10.0, 2012
  • Super Lawyer, 2011
  • Massachusetts Rising Star, 2005 -2010

Reviews

Attorney David Beliveau has affirmed the following reviews are authentic.

Avvo Reviews

"The Beliveau Law Group helped me and my husband with our estate planning. The attorneys were professional and friendly. They took time to understand our needs and wishes, and provided useful advice. The legal documents were all of excellent quality. We were very happy with the firm's work and would recommend it to our friends"

By Ming, Estate Planning client

"I cannot say enough good things about David. When my wife and I decided to get serious about our estate planning, David was the attorney we chose to work with. He took a great interest in making sure we understood all of our options in terms of creating our wills, powers of attorney, and health care directives. His knowledge in all areas of estate planning impressed us immensely. After our initial consultation with David, my wife and I felt 100% comfortable with our decision to hire David. We now have peace of mind when we think of how our assets will be passed on according to our wishes. I have a financial advisory business and only think of David when I have clients who need to complete their estate planning."

By Peter Murphy, Estate Planning client

"Recent events in the family motivated my wife and I to revisit what would happen if one or both of us passed on, or became incapacitated. We are nearing retirement and felt it was time to put things in order to protect property and earnings. To this end our financial advisor highly recommended David Beliveau. After an initial consultation my wife and I hired David for our estate planning. Looking back we were quite naïve when it came to probate courts, state inheritance and tax laws. David explained everything to us, laying out the benefits and drawbacks of each option. David covered sensitive topics in a way that made us feel comfortable and did not overwhelm us with “legalese.” In a short time we had established a trust and will, and now feel secure that our children will receive an inheritance according to our wishes. My wife and I strongly recommend David Beliveau for estate planning, and feel well armed to meet any future legal issues with the Beliveau Law Group."

By Bruce B, Estate Planning client

 

Q&A

Legal Questions & Answers


A:
Organizing several side businesses under one umbrella may sound like a good idea at first but there are several reasons (for tax purposes and non-tax purposes) why you should keep all businesses separate. First, if you have all businesses in one entity (whether a corporation or a LLC) they are all at risk in a lawsuit. Using your facts, if a guest of your tenant slips and falls on the property they would be able to attach the income from the rental property as well as any tutoring income (if they get a judgment against the business). Also, losses from rental activities are treated very differently from all other business activities. If you generate a net operating loss from an activity you are materially participating in (tutoring would likely qualify), that loss can be used to offset income from other activities. However, rental activities are presumed to be passive activities and the losses that are generated can be limited. Putting any other activity in the rental activity entity might keep you from realizing those losses. You can achieve better results using more than one entity and you will likely get better protection for all your assets and income.




A:
In a standard Purchase and sale agreement where the parties have agreed to close on a certain date and the seller agrees to vacate on or before the closing date and there is no provision saying the sale is subject to the seller finding replacement housing, then the Seller has no legal right to postpone the closing. Unwilling or unable to move out is not a valid reason to extend the closing date unlike a title issue where Seller does have an automatic 30 day extension built into the Purchase and Sale agreement. However, Buyer may accommodate Seller’s desire to extend and ask Seller to reimburse him or her for any additional fees incurred due to the lender fees involved for such extension. If the Seller is unwilling to cover the additional costs and will not close on time, then Buyer will need to consider whether the costs of taking legal action is worth the additional extension fees, if any.




A:
Since your question does not specify what type of lien was found on the property, I will answer in general terms. Before one can have a closing or refinance on one’s house, there needs to be a title examination performed to confirm that the title to the house is clean and free of all liens, with the exception of the mortgage(s) which will be paid off as part of the refinance. If the title shows an outstanding lien of record of the prior owner, one would need to contact the attorney who handled the closing for the sale to determine whether the lien was paid off or not. If the lien was paid, then the lien holder needs to be contacted so that it can prepare a release/discharge which needs to be recorded at the Registry of Deeds in order to remove the lien off the title. If the lien has not been paid off, then the closing attorney has to explain why it was not paid off during the closing. If the matter cannot be resolved with the attorney, then hopefully you have purchased an Owner’s Policy of Title Insurance so that the title insurance company may potentially fight the title issue for you.




A:
If you purchased an Owner’s policy of title insurance, the first thing you should do is to contact the title insurance company and file a claim regarding your title issue. When you closed, the title insurance policy that you purchased is supposed to protect you against most title issues that occurred prior to the time of your purchase. The title company will research the claim and if it is decided that your policy does cover you for the title issue, the title company may reimburse you for what you had to pay to make you whole again.




A:
The likelihood of audit is hard to judge, but States have been getting more aggressive as revenues have fallen. Also, states now get more information from all sources and in lieu of full blown audits rely increasingly on return adjustment notices. There are even situations where the taxing authority can look beyond a three year statute to adjust tax due in more current years. Obviously, there are a lot of variables and a professional should be consulted to discuss the potential exposure.



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Attorney Beliveau represents both individuals and businesses. He has clients in Florida, Massachusetts, and New Hampshire.


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