Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Massachusetts Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Can I contest a will with hearsay and circumstantial evidence of undue influence?

I want to contest a will on the grounds of undue influence, but I only have hearsay and circumstantial evidence. I'm concerned about how to proceed in this situation and whether this is sufficient to make the will invalid. What steps should I take?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

Probably not. You will need live witness testimony from those having personal knowledge. Consult with a MA attorney about a contest. You have a very difficult burden of proof. Hopefully the execution of the will was not perfect instead. Also you must have standing and will have to finance... View More

View More Answers

1 Answer | Asked in Estate Planning and Civil Litigation for Massachusetts on
Q: How can we prove undue influence in a will where the disabled deceased left estate to his caregiver girlfriend?

I am concerned about a situation involving undue influence. A family member, who was physically disabled and recently passed away, made a will leaving his entire estate to his girlfriend, who was also his caregiver. The girlfriend had been telling family members about getting the house. There are... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2025

Undue influence can be proven through circumstantial evidence, especially where a confidential relationship existed between the deceased and the beneficiary. In your case, the girlfriend acted as both caregiver and romantic partner, placing her in a position of power over the decedent. California... View More

1 Answer | Asked in Probate and Estate Planning for Massachusetts on
Q: Can we file informal probate in MA for a mother's estate without a will, or is formal probate required?

My mother passed away last year without a will, leaving behind a house, a car, a bank account (also in my brother's name), and insurance. My twin brother and I will act as executors. There are no known debts, and all heirs, including myself and my three siblings, have agreed on splitting the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

Yes, you may be able to proceed with informal probate in Massachusetts even though your mother passed away without a will. The informal process is available for intestate estates—as long as the requirements under Massachusetts law are met. Since all heirs are known, in agreement, and there are no... View More

1 Answer | Asked in Probate and Estate Planning for Massachusetts on
Q: Can I contest a will on behalf of my unavailable mother due to suspected undue influence?

My mother was actively contesting a will due to suspected undue influence by the deceased's girlfriend. Since she is no longer available, can I, her son and first cousin to the deceased, continue contesting the will on her behalf? There are no other beneficiaries or known modifications to the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2025

You can only contest a will if you have direct legal standing, which means you must have a personal and financial interest in the estate that would be affected by the outcome. If your mother was an heir or would have inherited under a prior will or through intestacy, then she had standing. However,... View More

1 Answer | Asked in Civil Litigation, Probate and Estate Planning for Massachusetts on
Q: Can a first cousin contest a will for undue influence if the aunt is no longer available?

If the original person contesting a will, my aunt, is no longer available, can I, her son and first cousin to the deceased, contest the will on her behalf? The will is being contested due to undue influence by the deceased's girlfriend. There are no other beneficiaries or known modifications... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2025

Yes, you may be able to contest the will if you have a direct legal interest in the estate and can show that you would inherit under intestacy or a prior will if the current will is invalidated. The right to challenge a will doesn’t automatically transfer from one family member to another—it... View More

1 Answer | Asked in Estate Planning and Insurance Defense for Massachusetts on
Q: Am I wasting $600/year on umbrella insurance if my IRA and Roth are protected from lawsuits in Massachusetts?

I am 85 years old and reside in Massachusetts. I have no pending lawsuits and own no property. My primary assets are my IRA and Roth IRA accounts, totaling approximately $1 million. I'm curious about whether I am unnecessarily spending $600 annually on a $1 million umbrella insurance policy.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2025

In Massachusetts, traditional and Roth IRAs generally enjoy strong protection from creditors under state law. This protection typically applies in both bankruptcy and civil judgments, which means your retirement savings are not likely to be seized in a lawsuit unless the court finds unusual... View More

2 Answers | Asked in Estate Planning, Business Law and Insurance Defense for Massachusetts on
Q: Will using my maiden name affect collecting life insurance or stocks?

I've kept all of my beneficiary forms under my maiden name, which has not been changed to my married name. This includes my husband's life insurance and Fidelity stock accounts. I dropped my middle name, made it my maiden name, and took his last name. Although I possess my marriage... View More

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2025

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could depend on the carrier. I've seen carriers require re-completion of forms due to variations between legal birth names and regularly used names. There's no guaranteed prediction in how a... View More

View More Answers

1 Answer | Asked in Estate Planning, Civil Litigation and Arbitration / Mediation Law for Massachusetts on
Q: Accessing trust documents when executor refuses to share after father's passing.

My adopted father passed away in early March 2025. My sister and I recently discovered that he had a trust, and his biological daughter is in charge of it. Despite numerous requests, she refuses to provide us with the trust documents. She mentioned that his own grandchildren aren't named,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

I'm really sorry you're going through this, especially after losing your father. It’s painful when someone you love passes and you’re left with more questions than answers—especially when a family member is withholding information that could affect your future. If your father spoke... View More

1 Answer | Asked in Estate Planning, Probate, Nursing Home Abuse and Personal Injury for Massachusetts on
Q: Can I give away jewelry or must I liquidate it to pay debts from nursing home lien?

I was my brother's Power of Attorney (POA) and Health Care Proxy (HCP) since 2019. Unfortunately, he passed away in a nursing home in March 2025. He was widowed at the time of his death and owes the nursing home $37,000 due to gifting his son $65,000 within the 5-year lookback for MassHealth.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

It’s reassuring that your mother wants to put her affairs in order while she can still make her own choices. In New York, the process to grant you general Power of Attorney is relatively simple, but every step matters to ensure her wishes are respected and the document is accepted wherever you... View More

1 Answer | Asked in Business Law and Estate Planning for Massachusetts on
Q: Can I update corporate records as an officer after father's death without liability?

My parents co-owned an incorporated small business in which they were the only shareholders and directors, each holding 50% shares. My father, who served as President, passed away recently. I am formally appointed as the personal representative of his estate, and I hold durable power of attorney... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

I’m really sorry for your loss. Stepping into this role during such a difficult time shows just how much you care about keeping things stable for your family and the business. You’re right to be thoughtful about both the legal side and your own protection.

Yes, you can update the... View More

1 Answer | Asked in Car Accidents, Personal Injury and Estate Planning for Massachusetts on
Q: Are daughters liable if father with dementia gets in an accident?

I have a question regarding potential liability if my father, who has been diagnosed with Alzheimer's and Lewy Body Dementia, has an auto accident while driving. Although his neurologist has stated that local driving is permissible, and he has a clean driving record with no tickets or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

As long as your father has been cleared to drive by his neurologist and has a clean driving record, you and your sisters are unlikely to be held legally liable for any accidents he may cause. Liability for an accident generally falls on the driver and their insurance, not on family members unless... View More

1 Answer | Asked in Banking and Estate Planning for Massachusetts on
Q: Do I need a beneficiary IRA for an immediate payout in MA?

I recently had an experience in Massachusetts involving a traditional IRA where I am the designated beneficiary. The bank is requesting that I open a traditional beneficiary IRA to receive an immediate payout. Is this a common or required procedure for payouts, and are there any alternatives?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You typically don't need to open a beneficiary IRA for an immediate payout, though some financial institutions have specific procedures. When inheriting an IRA, you generally have options including taking a lump-sum distribution, transferring to an inherited IRA, or in some cases, transferring... View More

1 Answer | Asked in Consumer Law, Estate Planning, Civil Rights and Internet Law for Massachusetts on
Q: Is it legal in Massachusetts for a funeral home to post an obituary without the family's consent?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2025

In Massachusetts, a funeral home should not publish an obituary without the family's consent. While obituaries are not legally required, they often contain personal details that the family has a right to control. Unauthorized publication could raise concerns about privacy and respect for the... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Do I have a strong enough case to overturn a will?

I want to contest a will, and I am the aunt of the person that died and left the entire estate to his fiance and goddaughter. I am listed as an heir in the will but he left nothing to any family member. He never married, no siblings, no parents, only an aunt, and 2 cousins. The estate, > $1... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

You have not stated any grounds for a Will Contest. Unless you are a next of kin or have another Will, you have no standing to file suit anyway. Contact a competent MA attorney with the facts, including the kind of assets involved.

1 Answer | Asked in Estate Planning and Tax Law for Massachusetts on
Q: Are decedent's Fed. and Mass. Income tax refunds received after they died taxable, and how?

Together decedent's Federal and Massachusetts income tax refunds received after their death total $1587.00, plus $25.00 in federal interest on the late refund. Is the Personal Representative, required to report the refund amounts as income on Federal Form 1041, income taxes for the estate? and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

Yes, as the Personal Representative, you need to report the tax refunds and interest as income on Federal Form 1041 for the estate. The $1,587 in federal and Massachusetts income tax refunds, along with the $25 federal interest, should be included in the estate's income since they relate to... View More

1 Answer | Asked in Estate Planning and Tax Law for Massachusetts on
Q: Will has direct skip, of R.E. Must transfer be reported if exclusions result in no taxes due on it or on the estate?

For a testator who died in 2024, without a spouse, and if there had been no generation skipping transfer, would not owe estate tax or have anything, (no gifts), requiring that a federal Form 706 be filed, because the net estate, (less than 500k) is well below the decedent's lifetime exclusion... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In your situation, even though the estate and the generation-skipping transfer are below the applicable exclusion amounts, filing requirements may still apply. Generally, Form 706 must be filed if the gross estate exceeds the filing threshold for the year of death. However, since your net estate is... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: how can I transfer the title of the car to my name?

hello, my father passed away about 2 years ago. he was not married and I’m his only child. he did not have much just a car that was paid in full and a bank account which i was the beneficiary from. I have the death certificate, bank information and car title.

Michael M Marques
Michael M Marques
answered on Dec 30, 2024

You may need to file for voluntary administration or petition for probate so that you may be appointed administrator or personal representative, depending on the value of the assets he left behind. Once appointed, you can then transfer title.

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: My late father has unclaimed money being held by the Commomwealth of Mass. I understand he may have died in debt

1) If I claim the money do I also assume the debt?

2) If so, can the debt be for more than the claim?

3) He was divorced at the time of his passing. Would an ex-wife be considered a surviving spouse? She passed after him

Travis Jackson
Travis Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024

To claim the money you will need to be Personal Representative or Voluntary Administrator (for smaller estates) of his Estate. If you are, you will not assume his debt individually, the Estate would, the Estate needs to pay liabilities prior to distributing to its beneficiaries. If you have been... View More

View More Answers

2 Answers | Asked in Family Law, Estate Planning and Probate for Massachusetts on
Q: Hi and so my parents had some money in the bank my sister took when parents died. I believe a portion of it is mine.

And so what do I do?

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:

1. Review the Will and Estate Plan... View More

View More Answers

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.