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 
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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?
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
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.
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 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
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
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
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
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
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
If the estate puts a house through probate, but none of the estate holders want the place, as another family member owns the other 2/3, no money is exchanged. The only reason we are going through probate is to remove my grandmother's name from the deed so I can refinance my mortgage
answered on Jun 5, 2023
You should speak to a lawyer on this because real estate has substantial value and you should obtain individualized advice.
For your convenience only, for decedents dying after 2018, there is no federal estate tax on gross estates valued at less than $11,180,000.00. There is no... View More
The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.
answered on May 25, 2023
Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... View More
My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... View More
answered on Apr 24, 2023
You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... View More
97K mortgage was paid from 150K; utility, and home maintenance fees.
Mass probate
answered on Apr 22, 2023
From your question, I assume you and one sibling inherited the home, that you continued living in the home for ten years while your sibling did not, that you are the only one who made the payments mentioned, and that you have been an adult for the full ten years.
Determine the fair rental... View More
My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... View More
answered on Mar 31, 2023
Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... View More
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... View More
answered on Mar 22, 2023
Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive)... View More
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... View More
answered on Mar 22, 2023
It is surprising there was no Personal Rep appointment in order to proceed with the case. There is a requirement to notice the Estate Recovery Unit of a Probate Petition as there is an automatic lien for Masshealth/Medicaid benefits. Also, the size of the Estate-whether over or under $1,000,000 for... View More
I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?
answered on Mar 13, 2023
I agree that consulting an Estate attorney concerning this matter would be the route to take. A public forum can only provide some basic information. If you are in possession of the original will and were named the Executor now referred to as Personal Representative, you had a duty to move... View More
Can the home be sold by the beneficiaries as soon as the Court has approved the completion of the INFORMAL PROBATE?
answered on Mar 9, 2023
This is actually 2 questions-Time frame for the appointment as Personal Rep to occur and the next question is the time needed to complete estate administration. Depending upon the County and the Judge assigned and the availability of Court Personnel the first question is weeks, the second question... View More
Her only property is an automobile which still still has a loan on it. What would happen to her car? Can I transfer the car and the loan to me? Will I have to sell the car to pay her credit cards off?
answered on Feb 8, 2023
Sorry for your loss. If your mother was a Massachusetts resident, it sounds like you would be filing a Voluntary Statement with the Probate Court for the County of her residence. The vehicle would be listed as subject to a loan and depending upon the circumstances you may be able to acquire same... View More
My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... View More
answered on Jan 3, 2023
Contact your brother and advise him you no longer wish to own the property. Hire a lawyer to prepare a deed of your interest in the house to your brother. Ensure your brother agrees to accept a deed to the property. Have the lawyer record the deed with your brother's assent so that when the... View More
He is not trustworthy due to things he's done through the years. He is named as the PR in her Will only because he bullied her into it and is the oldest. I do know that she tried to make her Will specific and made sure that her estate would be divided equally between her four children
answered on Dec 28, 2022
If your brother filed an informal probate, then he had to file a copy of your mother's Last Will and Testament. You can request to see a copy of your mother's estate case at the Probate and Family Court. This will allow you to see the Last Will and Testament and obtain a copy of it.... View More
She named her brother as recipient of the account if she were to die. As community property, shouldn't the funds come to me? Is what she did legal/legitimate?
answered on Oct 28, 2022
Massachusetts is not a community property state. The entitlement to the proceeds of the account are governed by whatever bank account agreement your wife signed when she opened the account. If the agreement states her brother is to receive the funds in the event of her death, that agreement is... View More
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