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Massachusetts Probate Questions & Answers
1 Answer | Asked in Probate for Massachusetts on
Q: I lived with my parents my whole life. They just passed. I want to stay here a year. What can I do?

My dad passed unexpectedly. I lived here and taking care of his dog. He wanted the dog to live his life out here. I’m not trying to stay here forever. But she wants money asap. What can I do?

Michael M Marques
Michael M Marques
answered on Jun 7, 2024

We would need more clarification before we can answer your question. Who is "she"? Is there someone attempting to force you from the home? Has a Personal Representative been appointed?

0 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Hello: This is a Massachusetts probate question. Please see below under "More information" for issue:

My father passed away in 2021. In his Will he left me and his wife two equal amounts of mid-six-figure amounts of money. His wife died last month. My Dad's attorney is the executor, and he is kind of "by the book" lawyer and he's not very amiable. He's been away for a month... View More

0 Answers | Asked in Family Law and Probate for Massachusetts on
Q: My dad passed in 2021, my brother passed in 2018 and has a son who has been missing since 2012.

My dad is a widower and his will named his children as heirs. The missing son has two siblings and two children. Who will receive his share? Do we have him declared deceased first as we think he is.

0 Answers | Asked in Family Law, Child Custody, Child Support and Probate for Massachusetts on
Q: During my probate matter illegally obtained audio recordings were used as primary evidence throughout the whole case

My lawyer during trial refused to bring charges or object when they used the audio recordings ( which are on file being shown to dcf and court the audio was the main cause of the 51a through dcf for neglect) fired the lawyer went to trial alone and a year later that lawyer ends up with the... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: How to become executor of my deceased mother
Michael M Marques
Michael M Marques
answered on Jun 7, 2024

Have you retained an attorney or filed for probate? The first step would be retain an estate planning / probate attorney that will file for probate.

1 Answer | Asked in Probate for Massachusetts on
Q: Is Voluntary Administration Statement in Massachusetts publicly available, like the way deeds and land documents are?

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?

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Appeals / Appellate Law and Probate for Massachusetts on
Q: Can an interested party challenge a receiver's decision and court order regarding distribution of a charity's assets?

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

Christopher Tolley
Christopher Tolley
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.

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: I lived with my partner, for over three years ,he came down. with stage 4 cancer . can I go after the estate .

my partner wanted me to have money to move on when he passed ,he left instructions with his only son to take care of me i had 3 months to move out ,which i did. know he want honor his fathers wishes ,he dyed in my arms in his home like he wanted and I have no closer ,can I go after his estate ,I... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Massachusetts, if you were in a committed relationship with your partner for over three years and he expressed his intention for you to be taken care of after his passing, you may have legal grounds to pursue a claim against his estate. However, the success of such a claim would depend on... View More

2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: I am in Massachusetts and want to sell my half of real property inherited to my sister. But for her to do that I need

to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More

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1 Answer | Asked in Probate and Real Estate Law for Massachusetts on
Q: My mom and aunt where left their parents house in their Will. Can they get a mortgage on it if Will wasnt probated?

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

Christopher Tolley
Christopher Tolley
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.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: Does Massachusetts use an Executor's Deed or a Deed of Distribution to transfer real estate bequeathed under a will?

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?

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Probate for Massachusetts on
Q: Do I need to file a motion to have a witness attend my court hearing that is already scheduled in MA Probate?

The court hearing is schedule already, would I need prior permission or can they just attend and be heard?

Anthony M. Avery
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answered on Sep 5, 2023

You probably need to get a Subpoena issued and served.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Massachusetts on
Q: I was served a Summons in a Civil Action by my deceased parents mortgage company. What specialized attorney should Icall

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

Christopher Tolley
Christopher Tolley
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

1 Answer | Asked in Probate for Massachusetts on
Q: My mother passed and left $6000 in an annuity. The bank will not accept Voluntary Administration form I completed.

They said MA requires more but can't tell me what? They are looking for a TIN and Entity or Estate name. There is no estate name.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 16, 2023

This is a difficult time to lose a parent, I extend my condolences. Here are a few tips:The estate name is Estate of..., which is your late mother's name. They also want you to obtain a Federal Taxpayer ID from the IRS for the Estate of your mother as the Social Security number cancels at... View More

1 Answer | Asked in Family Law, Juvenile Law and Probate for Massachusetts on
Q: What does the request by a family court to file a motion to waive a citation mean?

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

Thomas Shack III
Thomas Shack III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Massachusetts on
Q: My ex has end stage dementia-I am his POA/HCP-hold mortgage on 1/2 house he shares-Can I get lieu deed before he dies?

I have never been paid any interest & want to keep family property safe. I have already paid off one other foreclosure on the property to keep it safe. It is shared (TIC) with his niece. I do not want to force sale of the property when he dies to get my money, so would like to deal with this... View More

Christopher Tolley
Christopher Tolley
answered on Aug 1, 2023

So I understand correctly, your ex owns the house as tenants in common with his niece and you have a mortgage on his interest in the property only. You propose to accept a deed in lieu of foreclosure of his interest in the house. Following such a transfer, you will be tenants in common with the... View More

1 Answer | Asked in Probate for Massachusetts on
Q: My mom passed away on 6/11/2023. She had a will and life insurance, my sister and I know this . Our step father

Is still alive, but does'int feel right for us to ask. Thinking he might do the right thing.

Lillian J. LaRosa
Lillian J. LaRosa
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

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Hello, my mother passed away 6/11/2023. My step dad is not saying a word but she had a will and life insurance.

I do not want to ask. I feel luke he'd say so. Shw worked 50 years for Boston Medical center. Shed always say she was leaving me this and that but i didint want to hear it. Is there a way to find out because i know my mom would wame to figure this out. I have her death certi,, ss.t

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. This is not an insurance bad faith matter (the category chosen for the post). It is closer to Probate or Estate Planning. Attorneys who practice in those areas deal with wills. Not all questions get answered... View More

1 Answer | Asked in Probate for Massachusetts on
Q: Grandfather passed last year. No will has been filed in probate.

My parent has not been able to see the will of her father. He passed away over a year ago. Grandfather told me I have an inheritance as does my parent (his child). Now that he has passed, I am worried his other children, or his living widow; have taken our portion of the inheritance. We contacted... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 10, 2023

Was grandfather a Massachusetts resident at his death? Assuming so, and that he died intestate, the widow ( sounds like she is not your mother's mother) and your Mom and your Mom's siblings are heirs. There is a process to pursue to commence an intestate estate and since it seems that... View More

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