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Attorney Margaret Cross Beliveau

Beliveau Law Group
Experience:  17 Years
Area Served: Greater Boston

391 Totten Pond Road
Waltham, MA, 02451


Attorney Message

I have experience implementing asset protection plans, family business entities such as Family Limited Partnerships (FLPs) and Limited Liability Companies (LLCs), and valuation discounting.  I focus my practice on estate planning, elder law and long-term care planning (Medicaid), MassHealth applications for long-term care (Medicaid applications), MassHealth fair hearings (appeals on Medicaid denials), estate (probate) and trust administration, Federal estate tax returns (Form 706), Massachusetts estate tax returns (Form M-706), and gift tax returns (Form 709). Please contact me directly with any questions about protecting your assets and wealth.

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

Tulane University School of Law, J.D., 1998
Boston University School of Law, LL.M., 1999
Millsaps College, B.A., 1995

Bar Admissions

Massachusetts, 2000

Professional Associations

Massachusetts Bar Association
Louisiana Bar Association Two
National Academy of Elder Law Attorneys (NAELA)

About Me

About Margaret Cross Beliveau

Attorney Cross-Beliveau joined the firm in 2010. She has experience implementing asset protection plans, family business entities such as Family Limited Partnerships (FLPs) and Limited Liability Companies (LLCs), and valuation discounting. Attorney Cross-Beliveau focuses her practice on estate planning, elder law and long-term care planning (Medicaid), MassHealth applications for long-term care (Medicaid applications), MassHealth fair hearings (appeals on Medicaid denials), estate (probate) and trust administration, Federal estate tax returns (Form 706), Massachusetts estate tax returns (Form M-706), and gift tax returns (Form 709).

Attorney Cross-Beliveau attended Millsaps College in Jackson, Mississippi, graduating with an accounting degree in 1995. She then attended Tulane University School of Law in New Orleans, Louisiana, graduating with a J.D. degree in 1998. Attorney Cross-Beliveau then attended Boston University School of Law in Boston, Massachusetts, graduating with a Masters in Taxation (LL.M.) degree in 1999.

Attorney Cross-Beliveau is a member of the Massachusetts Bar and the Louisiana Bar. She is also an active member of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA).

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Q&A

Legal Questions & Answers


A:
The short answer is yes, a power of attorney would have the power to access financial accounts for your great grandmother. The important question is why the power of attorney tapped the IRA account. The Power of Attorney had a fiduciary duty to your great grandmother and could not have emptied the accounts for himself. What happened to the money? It is very easy to image that due to the Alzheimer’s and her advanced age she ran up debt for her medical care. Did she have other accounts which could have been used to pay debts? Did the power of attorney make a gift of the account? Were there other assets left in the trust? Could he have obtained a reverse mortgage on the home if there was one? Would obtaining a reverse mortgage have impacted another’s inheritance? I am assuming yes. You need to investigate to obtain more facts and if necessary, seek counsel.




A:
I would be happy to speak with you regarding your probate issue. Feel free to call me on 781.890.8630.




A:
There is only a Federal Gift Tax; Massachusetts does not impose a transfer tax on gifts. Every U.S. Citizen has a cumulative lifetime gifting exemption that was $1,000,000 up until the passage of the recent tax law which increased it to $5,000,000 (but this may only be until the end of 2013). Additionally, every person has an annual gift tax exclusion of $13,000. Gifts do, however, have an effect on the Massachusetts Estate Tax. Furthermore, gifts to grandchildren carry an additional problem at the Federal level due to the Generation-Skipping Transfer Tax. A comprehensive review of a persons estate plan should be performed you are giving substantial gifts.



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Location Served

The Beliveau Law Group represent clients in the Greater Boston and throughout Massachusetts, New Hampshire and Florida.


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