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Questions Answered by David E. Peterson Esq.
1 Answer | Asked in Estate Planning for Massachusetts on
Q: What type of lawyer would handle disputed wills?
David E. Peterson Esq.
David E. Peterson Esq. answered on Jun 22, 2011

A lawyer that specializes in probate would best be able to handle disputed will issues. Such attorneys typically also focus on estate planning, wills, trusts, etc. Take a look at my profile if you're interested.

1 Answer | Asked in Estate Planning for Massachusetts on
Q: I need a will update
David E. Peterson Esq.
David E. Peterson Esq. answered on Jun 22, 2011

Great. Check out my profile and give me a call. I am here to help.

1 Answer | Asked in Estate Planning for Massachusetts on
Q: What is Allowance Of Foreign Will
David E. Peterson Esq.
David E. Peterson Esq. answered on Jun 22, 2011

If a decedent (person who has died) owned property in a jurisdiction outside of their state of residence, then their will may have to be submitted in that jurisdiction in order to deal with that property. In this circumstance, their will is referred to as a foreign will. For example, I live in... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: Irrevocable Trust terminates upon death of beneficiary - no progeny. Can it be broken during lifetime of beneficiary?
David E. Peterson Esq.
David E. Peterson Esq. answered on Jun 22, 2011

Whether or not the trust can be broken depends upon the terms of the trust itself, and the intent of the Grantor. If the terms of the trust indicate that it was the Grantor's intent for the trust to be broken in your situation, then it is likely possible. However, it is doubtful that such intent... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: How long does it take to get a license to sell real estate in probate court?

I have already signed a purchase and sale for a house which is an estate sale. The deceased had a will and his son is the executor. The sale has been delayed for now a license to sell must noe be obtained. Is this a quick process?

David E. Peterson Esq.
David E. Peterson Esq. answered on Apr 19, 2011

Different counties' Probate Courts have different backlogs. If all of the paperwork is correct, and nothing is amiss, then it could take anywhere from one to three months on average for the entire process to go through.

1 Answer | Asked in Elder Law for Massachusetts on
Q: Is a poa executed in Florida valid in Massachusetts
David E. Peterson Esq.
David E. Peterson Esq. answered on Apr 19, 2011

In short, yes. Of course you'll want to review the document carefully to see whether it becomes effective immediately, or only on the incapacity of the principal (springing), or whether it specifies any other events of termination. However, your basic, run of the mill Durable Power of Attorney... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: What are the responsibilities and legal liabilities of an appointed agent relative to probate law in Mass. /
David E. Peterson Esq.
David E. Peterson Esq. answered on Mar 31, 2011

Regarding the probate of the estate of someone who has died, the Probate Court appoints either an Executor (if there was a will) or an Administrator (if there was no will). Executors and Administrators are generally tasked with the role of gathering the assets of the decedent, determining and... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: My 14 yr old is sole heir of dads estate his gaurdians wont pay her trust what can i do?
David E. Peterson Esq.
David E. Peterson Esq. answered on Mar 31, 2011

If your daughter's father is deceased, then any guardianship/conservatorship over him ended upon his death. The only way to access his non-probate assets (basically, anything not held in trust) is to petition the Probate Court to appoint an Executor or Administrator. If he left a trust, then the... Read more »

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