She lived in ri was widowed and I am her only child I am beneficiary on some stuff but not everything because she had not updated paperwork yet. Does the stuff I am not beneficiary on have to go to probate even though I am only heir
I'm sorry for your loss. Generally, if an asset does not have a joint owner or a beneficiary designation, that is an asset that goes through probate. Probate is the process where a legal determination is made as to who her heirs at law are. You mentioned she lived in Rhode Island and you...Read more »
The form of ownership of the real estate will determine whether the Will transfers title after death of an owner. You should have a trust and estate attorney review both the title and the Will to find out precisely how the property will pass.
Since 2011, Massachusetts has allowed for the recognition of pet trusts. Your friend will need to think of the appropriate caretaker for the pets but the pet trust can allow for financial funding of the pet's needs. As with any trust, your friend want to make sure it is integrated with his...Read more »
Without seeing the actual docket of the case I can only speculate, but the terminology "closed" can be confusing since the probate estate could certainly still be active, it just means generally that no petition is pending before the court since that Decree was entered on April 8. If you...Read more »
Title to real property descends to heirs or devisees upon death. Its very important to hire an attorney now to make sure the probate process was completed three years ago to show that either the heirs or the devisees have good title to convey at closing. If the probate estate is still open, the...Read more »
My great uncle passed away in '06. His brother, my other great uncle became the sole heir & executor of the estate . Subsequently, he passed away in 2009. Recently, I discovered online that there is about $3,400 of unclaimed money being held by the state . The state told me I need to... Read more »
If the $3,400 of unclaimed property belongs to the Estate of your Great Uncle that passed away in 2006, the Executor, now called a Personal Representative, of that Estate would need to file the claim paperwork. Since the original Executor passed away someone with priority of appointment under the...Read more »
I'm sorry for your loss. With bank accounts in his name that do not have a joint owner or a beneficiary designation you would need to obtain probate court authorization to get access. There are a couple different types of probate depending on the size of the estate and whether there is real...Read more »
As her daughters/sole living heirs (my father is now deceased - he had a will) we have filed a claim but they've asked for additional paperwork in the form of "Original appointment from probate court date stamped within the last year." When I look at the forms online it says you... Read more »
The three year statute of limitations doesn't apply to the probate of an estate for someone who passed away in 1999. The three year rule started March 31, 2012 when Massachusetts adopted much of the Uniform Probate Code. You should speak with an attorney to see if the facts of your case would...Read more »
Generally speaking, if it qualifies as a charitable contribution the advantage of lifetime gifting is that you get an income tax benefit and the property is not in your estate for estate taxes. Plus he might get satisfaction from seeing it put to public use during his life. Everyone's...Read more »
You should review this with an attorney. A lot can depend on the sequence of deaths. The Massachusetts Uniform Probate Code recently changed these rules and in cases of a second marriage, children & descendants of the first marriage are in fact entitled to a portion of the estate. See Share...Read more »
Executors (now known as Personal Representatives in Massachusetts) are the people you nominate to locate your assets, pay debts, and distribute your property to your beneficiaries. If you fail to designate a beneficiary under your will the property does not go to the executors: it's called...Read more »
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