My lawyer during trial refused to bring charges or object when they used the audio recordings ( which are on file being shown to dcf and court the audio was the main cause of the 51a through dcf for neglect) fired the lawyer went to trial alone and a year later that lawyer ends up with the... View More

If an elderly person transfers a rental property into a non grantor irrevocable trust for asset protection and Medicaid purposes and the trust owns the same property for more than 5 years, is the rental income the trust receives from that same rental property thereafter (which is not being utilized... View More

His wife and myself are the lone beneficiaries. The Will left me and his wife mid-six figure monies EACH. Each year my father's estate attorney disburses $40,000 for 15 years. In the Will, the person who dies first, the survivor recieves their remaining monies My father's wife died last... View More

Is the lawyer of record that signed the voluntary administration statement under any obligation to correct the record with the probate court? if not, what would the next step be?

If I file a Voluntary Administration Statement, does that mean that the Probate Court does not keep a record of that statement (since I would not be going through the probate process)? In other words, would there basically be no record of the statement for public access?

Lillian J. LaRosa
answered on Apr 1, 2024

You can check the Public Court docket for the Probate & Family Court and some Courts

also provide certain images of documents filed.

Charity went into receivership due to no surviving board members. A few charities expressed interest in the assets. Receiver's decision was to disburse the assets to these interested charities unequally. (Some received more and others less). One of these charities feels the receiver made... View More

Christopher Tolley
answered on Mar 15, 2024

Without reviewing the applicable law or having access to any of the facts of this matter, I would say yes but unfortunately this not a simple question suited to an informal online forum such as this one. You should consult a lawyer on this. Perhaps the charity already has representation. Good luck.

my partner wanted me to have money to move on when he passed ,he left instructions with his only son to take care of me i had 3 months to move out ,which i did. know he want honor his fathers wishes ,he dyed in my arms in his home like he wanted and I have no closer ,can I go after his estate ,I... View More

PREMIUM

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

In Massachusetts, if you were in a committed relationship with your partner for over three years and he expressed his intention for you to be taken care of after his passing, you may have legal grounds to pursue a claim against his estate. However, the success of such a claim would depend on... View More

to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?

Phil A. Taylor
answered on Jan 15, 2024

Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More

View More Answers

My aunt died 4 years ago. She had 3 loans on house that was paid off. My mom didn’t have money to pay it. She doesn’t know bank either. The neighbors want to buy property but mom is unsure if she still owns it or bank. Also my cousin thinks she owns half the house because it was her moms to.... View More

Christopher Tolley
answered on Nov 13, 2023

Because it is not clear from your description who owns the house, it is impossible to answer your question. You should gather all your paperwork and take it to a lawyer.

If the will was probated outside of Massachusetts (or internationally), do additional steps need to be taken in Massachusetts before submitting the new deed and probate documents to the Registry Office?

Lillian J. LaRosa
answered on Sep 21, 2023

There would be an Ancillary proceeding usually since Massachusetts real estate was involved apparently from what is understood of the question posed.

The court hearing is schedule already, would I need prior permission or can they just attend and be heard?

PREMIUM

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023

You probably need to get a Subpoena issued and served.

My brother and I do not want this house. It had a mortgage on it. Both parents are deceased. I called my probate attorney in the county the house is in and because it the document we were served is for the United States District Court in Northern District of Texas, he does not handle federal (?)... View More

Christopher Tolley
answered on Aug 23, 2023

I suggest you ask the probate attorney to give you his thoughts on what relief the plaintiff bank is seeking in the complaint. He/she should be able to do that just by reading it. Then you can start looking around for an attorney who handles that sort of case. I represent lenders in foreclosures... View More

They said MA requires more but can't tell me what? They are looking for a TIN and Entity or Estate name. There is no estate name.

Lillian J. LaRosa
answered on Aug 16, 2023

This is a difficult time to lose a parent, I extend my condolences. Here are a few tips:The estate name is Estate of..., which is your late mother's name. They also want you to obtain a Federal Taxpayer ID from the IRS for the Estate of your mother as the Social Security number cancels at... View More

I have recently filed for the name change of my child. The Probate and Family Court returned the petition and all necessary documents, along with the reason for returning being that I should file a motion to waive the citation signed by both parents. i don't understand this request, what... View More

Thomas Shack III Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

In Massachusetts family court, a request to file a motion to waive a citation means that the court is asking you to submit a formal request to waive the requirement of serving a citation to the opposing party. By waiving the citation, the court aims to expedite the legal process.

I have never been paid any interest & want to keep family property safe. I have already paid off one other foreclosure on the property to keep it safe. It is shared (TIC) with his niece. I do not want to force sale of the property when he dies to get my money, so would like to deal with this... View More

Christopher Tolley
answered on Aug 1, 2023

So I understand correctly, your ex owns the house as tenants in common with his niece and you have a mortgage on his interest in the property only. You propose to accept a deed in lieu of foreclosure of his interest in the house. Following such a transfer, you will be tenants in common with the... View More

Is still alive, but does'int feel right for us to ask. Thinking he might do the right thing.

Lillian J. LaRosa
answered on Jul 31, 2023

Can't really tell what your question is, but there should be a Probate of Will Petition filed within 30 days of the date of death if your Mom was a Massachusetts resident. If there is no Will or you are unaware of one, then if stepfather fails to file a Petition for Probate after 30 days you... View More

I do not want to ask. I feel luke he'd say so. Shw worked 50 years for Boston Medical center. Shed always say she was leaving me this and that but i didint want to hear it. Is there a way to find out because i know my mom would wame to figure this out. I have her death certi,, ss.t

Tim Akpinar
answered on Jul 26, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. This is not an insurance bad faith matter (the category chosen for the post). It is closer to Probate or Estate Planning. Attorneys who practice in those areas deal with wills. Not all questions get answered... View More

My parent has not been able to see the will of her father. He passed away over a year ago. Grandfather told me I have an inheritance as does my parent (his child). Now that he has passed, I am worried his other children, or his living widow; have taken our portion of the inheritance. We contacted... View More

Lillian J. LaRosa
answered on Jul 10, 2023

Was grandfather a Massachusetts resident at his death? Assuming so, and that he died intestate, the widow ( sounds like she is not your mother's mother) and your Mom and your Mom's siblings are heirs. There is a process to pursue to commence an intestate estate and since it seems that... View More

I'm executor for mom's estate. LENGTHY and ASCERBIC going all the way.

If the six objectors (also heirs) contest the final estate accounting and it goes to another level, who is responsible for any probate or legal fees? Does it cost the objectors or does any cost come from the... View More

Michael M Marques
answered on Jun 25, 2023

First, the interested parties must allege sufficient legal grounds to challenge the will. Sufficient grounds may include a) undue influence; b) lack of capacity; c) fraud; or d) improper execution. If those elements are met, a petition can be filed to formally contest the will. The interested... View More