Q: My mother passed away in December of 1999 with no will and no executor. The State of MA Treasurer has funds in her name.
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 cannot probate an estate that is older than three years. Can you advise next best steps? The total amount of funds in the Treasurer's account is approx. $4,000.
A: 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 allow you to file an informal probate action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.