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?
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 
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 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
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?
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?
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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
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
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
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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.
Is still alive, but does'int feel right for us to ask. Thinking he might do the right thing.
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 submitted this motion for clarification to Franklin probate court and was told it could not be submitted as there would be no clarification on the matter.
For reference FR*******WD
29 May, 2023
Motion for clarification,
I move on this date, 29 May, 2023, that the... View More
answered on Jun 2, 2023
The Civil Rules of Procedure are tricky for pro se litigants and that is one of the many reasons to engage legal counsel.
I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... View More
answered on May 24, 2023
If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.
Trial Attorney with experience in probate litigation in regards to adult guardianships/conservatorships.
Attorney can be located anywhere in Massachusetts as long as the attorney is licensed and in good standing to practice in Massachusetts. Must be committed, competent and a crusader for... View More
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answered on Mar 17, 2023
I am sure that you will find a very good probate litigator that meets all of your requirements to represent you for free!
Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... View More
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answered on Oct 2, 2022
You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).
MASSACHUSETTS - HUSBAND DIED with no will, and his WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE of husband, can the SIBLING OF THE DECEASED HUSBAND inherit him? The husband had NO children and parents NOR does the wife.
Did the wife AUTOMATICALLY get the inheritance, or did she... View More
answered on Sep 2, 2022
Assuming the decedents were Massachusetts residents and there was no Will and that the husband had no children from a prior relationship, the wife would still be the heir . If there was a Will excluding her you have not so stated.
When my dad passed away 3 years ago he had no assets including house cars or property. She had randomly reached out tonight asking us to sign and make her executer of his “estate”. How should we proceed?
answered on Sep 2, 2022
First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.
I have the final note payout do I pay them?
answered on Aug 2, 2022
Is the final payout due under the note's terms? If so, yes!
MASSACHUSETTS - Husband died without will and then his wife died 2 months later. The husband has no children and parents, only a sibling nor does the wife. Did the wife automatically get the inheritance, or did she need to follow a procedure to get it within some days? Does the inheritance belong... View More
answered on Jul 29, 2022
Were they domiciled in Massachusetts ?Did the death of husband happen after March 2012? Neither had any children? A post March 2012 death brings the Massachusetts Probate Code into the response so that if husband had no children then surviving wife would take all if no Will.
She verbally left everything to me and her partner and family agrees
answered on Jul 25, 2022
If your godmother was domiciled in Massachusetts she needed to have a Will ( nonverbal- in writing ) with suitable witnessing , etc. so, you have acted without authority in any event and it is up to her heirs or potentially other creditors as to what they wish to do against you for taking the... View More
I am left from my family. My brother never married or had children. He passed in 2011. A bank in Boston has money of his. How can I retrieve it?
answered on Jul 15, 2022
You will need to follow the process for a Voluntary Statement filing in the Probate Court for the County where your brother was living and you will also need to obtain his death certificate which the funeral home can help you with and you can also contact the town where he died .
My brother passed away 13 months ago with over 20 different debt accounts including loans, credit cards and medical bills. I assume that the estate will be solvent, although I am still not clear about taxes from previous years (final returns have already been completed) and just recently filed... View More
answered on May 10, 2022
If there is not already a lien or automatic lien , then the creditors who failed to properly perfect their claims by following the statute within one year from the date of death are out of luck.
Person would need to turn over to responsible party if the courts of possible
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answered on Apr 12, 2022
Yes, of course. Nobody can be forced to serve as executor.
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