Get free answers to your Probate legal questions from lawyers in your area.
Their client is out of state and was pro se up until August 2024 when this attorney contacted our attorney that she would be representing the client. Our attorney and the court have received no paperwork to change the client's status from pro se to being represented. This attorney has... View More 
my mom’s law firm has a copy of it and they seem to be dragging their feet on giving me a copy of it
To date he has not disbursed inheritance of the sale and states he has to pay taxes on the income generated for 9 months in which we all know can be done in minutes online. He also a beneficiary wanted 2-5% for his fee. Since he is a beneficiary we offered 1% and to date have not heard from him.... View More
My father died without a will. Me and my two sisters signed the house over to my oldest sister and brother-in- law with a quit claim deed. The courthouse here in Greenfield Mass, says this deed is legal and he doesn't need a deed signed by a lawyer. My brother-in-law has payed the the taxes on... View More
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answered on Nov 11, 2024
If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure.
Birth certificate was canceled. It has my name as Dennisio. My license here says Dennis. I've lived in Mass for about 70 years and been licensed for about 50 years as Dennis. the new law requiring a birth certificate to renew a license, took me by surprise as well as having no idea about my... View More
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
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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
And so what do I do?
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
Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also... View More
answered on Jun 25, 2024
I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale... View More
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?
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?
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.
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?
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.
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
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.
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
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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
to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?
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
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
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.
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?
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.
The court hearing is schedule already, would I need prior permission or can they just attend and be heard?
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answered on Sep 5, 2023
You probably need to get a Subpoena issued and served.
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
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
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.
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
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
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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.
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