Boston, MA asked in Probate for Massachusetts

Q: I am an only child so I will inherit everything my mom has left do I still have to go to probate

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

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1 Lawyer Answer
Peter C Herbst Jr
Peter C Herbst Jr
  • Probate Lawyer
  • Braintree, MA
  • Licensed in Massachusetts

A: 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 posted this in a Massachusetts forum so I would recommend you reach out to a Rhode Island probate attorney as probate is conducted in the state she lived in (even if you live in Massachusetts).

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