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.
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
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
Is still alive, but does'int feel right for us to ask. Thinking he might do the right thing.
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
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
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
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
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
I'm executor for mom's estate. LENGTHY and ASCERBIC going all the way.
If the six objectors (also heirs) contest the final estate accounting and it goes to another level, who is responsible for any probate or legal fees? Does it cost the objectors or does any cost come from the... View More
answered on Jun 25, 2023
First, the interested parties must allege sufficient legal grounds to challenge the will. Sufficient grounds may include a) undue influence; b) lack of capacity; c) fraud; or d) improper execution. If those elements are met, a petition can be filed to formally contest the will. The interested... View More
If the estate puts a house through probate, but none of the estate holders want the place, as another family member owns the other 2/3, no money is exchanged. The only reason we are going through probate is to remove my grandmother's name from the deed so I can refinance my mortgage
answered on Jun 5, 2023
You should speak to a lawyer on this because real estate has substantial value and you should obtain individualized advice.
For your convenience only, for decedents dying after 2018, there is no federal estate tax on gross estates valued at less than $11,180,000.00. There is no... View More
I submitted this motion for clarification to Franklin probate court and was told it could not be submitted as there would be no clarification on the matter.
For reference FR*******WD
29 May, 2023
Motion for clarification,
I move on this date, 29 May, 2023, that the... View More
answered on Jun 2, 2023
The Civil Rules of Procedure are tricky for pro se litigants and that is one of the many reasons to engage legal counsel.
The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.
answered on May 25, 2023
Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... View More
I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... View More
answered on May 24, 2023
If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.
My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... View More
answered on Apr 24, 2023
You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... View More
97K mortgage was paid from 150K; utility, and home maintenance fees.
Mass probate
answered on Apr 22, 2023
From your question, I assume you and one sibling inherited the home, that you continued living in the home for ten years while your sibling did not, that you are the only one who made the payments mentioned, and that you have been an adult for the full ten years.
Determine the fair rental... View More
My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... View More
answered on Mar 31, 2023
Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... View More
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