Lawyers, Answer Questions  & Get Points Log In
Massachusetts Probate Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Massachusetts on
Q: I am looking for a pro-bono litigator for contested probate matter regarding adult guardianship/ conservatorship?

Trial Attorney with experience in probate litigation in regards to adult guardianships/conservatorships.

Attorney can be located anywhere in Massachusetts as long as the attorney is licensed and in good standing to practice in Massachusetts. Must be committed, competent and a crusader for... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 17, 2023

I am sure that you will find a very good probate litigator that meets all of your requirements to represent you for free!

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: My neighbor passed in 2016; before her passing she had a will which identified me as the executor of the will.

I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 13, 2023

I agree that consulting an Estate attorney concerning this matter would be the route to take. A public forum can only provide some basic information. If you are in possession of the original will and were named the Executor now referred to as Personal Representative, you had a duty to move... Read more »

View More Answers

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: My neighbor passed in 2016; before her passing she had a will which identified me as the executor of the will.

I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

Christopher Tolley
Christopher Tolley
answered on Mar 13, 2023

Yes it is but there are many issues besides the passage of time, the decedent's assets, the interests of the decedent's other heirs, the formal process of probate, etc. This question should be posed to an attorney experienced in Massachusetts probate law.

View More Answers

1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts, typically how long does an INFORMAL PROBATE, with the deceased's home the only significant asset, take

Can the home be sold by the beneficiaries as soon as the Court has approved the completion of the INFORMAL PROBATE?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 9, 2023

This is actually 2 questions-Time frame for the appointment as Personal Rep to occur and the next question is the time needed to complete estate administration. Depending upon the County and the Judge assigned and the availability of Court Personnel the first question is weeks, the second question... Read more »

0 Answers | Asked in Probate for Massachusetts on
Q: What order priority do I pay debts for an insolvent estate?

My brother who resided in Northampton, MA passed in August 2022. He had no will or assets. I filed for voluntary administration of his estate. There is no probate and the estate is insolvent. I paid funeral expenses, expenses for emptying his apartment, as well as administrative expenses to... Read more »

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: My mother passes away recently. I need to know what to do about her car and credit card debt.

Her only property is an automobile which still still has a loan on it. What would happen to her car? Can I transfer the car and the loan to me? Will I have to sell the car to pay her credit cards off?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 8, 2023

Sorry for your loss. If your mother was a Massachusetts resident, it sounds like you would be filing a Voluntary Statement with the Probate Court for the County of her residence. The vehicle would be listed as subject to a loan and depending upon the circumstances you may be able to acquire same... Read more »

2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: What are my options when trying to remove myself from house deed?

My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 3, 2023

Contact your brother and advise him you no longer wish to own the property. Hire a lawyer to prepare a deed of your interest in the house to your brother. Ensure your brother agrees to accept a deed to the property. Have the lawyer record the deed with your brother's assent so that when the... Read more »

View More Answers

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My brother has filed for Informal probate of my Mom's Will without giving me a copy of the Will. Do I need a lawyer?

He is not trustworthy due to things he's done through the years. He is named as the PR in her Will only because he bullied her into it and is the oldest. I do know that she tried to make her Will specific and made sure that her estate would be divided equally between her four children

Joshua H. Bearce
PREMIUM
Joshua H. Bearce
answered on Dec 28, 2022

If your brother filed an informal probate, then he had to file a copy of your mother's Last Will and Testament. You can request to see a copy of your mother's estate case at the Probate and Family Court. This will allow you to see the Last Will and Testament and obtain a copy of it.... Read more »

1 Answer | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: My wife and I live in Massachusetts. Fifteen or so years ago she opened a bank account in her name only.

She named her brother as recipient of the account if she were to die. As community property, shouldn't the funds come to me? Is what she did legal/legitimate?

Christopher Tolley
Christopher Tolley
answered on Oct 28, 2022

Massachusetts is not a community property state. The entitlement to the proceeds of the account are governed by whatever bank account agreement your wife signed when she opened the account. If the agreement states her brother is to receive the funds in the event of her death, that agreement is... Read more »

1 Answer | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: Does a revocable living trust need to be amended to remove a deceased co-trustee?

Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 2, 2022

You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My step mother had contacted me 3 years after my dads passing for myself and my sister to sign to make her executer

When my dad passed away 3 years ago he had no assets including house cars or property. She had randomly reached out tonight asking us to sign and make her executer of his “estate”. How should we proceed?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.

1 Answer | Asked in Probate for Massachusetts on
Q: HUSBAND DIED with no will then WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE, who inherits the deceased husband?

MASSACHUSETTS - HUSBAND DIED with no will, and his WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE of husband, can the SIBLING OF THE DECEASED HUSBAND inherit him? The husband had NO children and parents NOR does the wife.

Did the wife AUTOMATICALLY get the inheritance, or did she... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

Assuming the decedents were Massachusetts residents and there was no Will and that the husband had no children from a prior relationship, the wife would still be the heir . If there was a Will excluding her you have not so stated.

1 Answer | Asked in Probate for Massachusetts on
Q: I'm the executor of my uncle's estate. 6 years ago I negotiated a promissory note for the estate. 2 beneficiary opted ou

I have the final note payout do I pay them?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 2, 2022

Is the final payout due under the note's terms? If so, yes!

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: Husband died with no will, and the wife died 2 months later without claiming anything, whose next of kin inherits what?

MASSACHUSETTS - Husband died without will and then his wife died 2 months later. The husband has no children and parents, only a sibling nor does the wife. Did the wife automatically get the inheritance, or did she need to follow a procedure to get it within some days? Does the inheritance belong... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 29, 2022

Were they domiciled in Massachusetts ?Did the death of husband happen after March 2012? Neither had any children? A post March 2012 death brings the Massachusetts Probate Code into the response so that if husband had no children then surviving wife would take all if no Will.

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: My God mother died recently and gave me instructions to send money to one of my kids. I sent it 2 days after she died.

She verbally left everything to me and her partner and family agrees

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 25, 2022

If your godmother was domiciled in Massachusetts she needed to have a Will ( nonverbal- in writing ) with suitable witnessing , etc. so, you have acted without authority in any event and it is up to her heirs or potentially other creditors as to what they wish to do against you for taking the... Read more »

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: How can I retrieve money from bank that is in my deceased brothers name, No wife or kids. I'm it. No death certificate

I am left from my family. My brother never married or had children. He passed in 2011. A bank in Boston has money of his. How can I retrieve it?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 15, 2022

You will need to follow the process for a Voluntary Statement filing in the Probate Court for the County where your brother was living and you will also need to obtain his death certificate which the funeral home can help you with and you can also contact the town where he died .

1 Answer | Asked in Probate for Massachusetts on
Q: Is a creditor required to file a claim against an estate with the probate court?

My brother passed away 13 months ago with over 20 different debt accounts including loans, credit cards and medical bills. I assume that the estate will be solvent, although I am still not clear about taxes from previous years (final returns have already been completed) and just recently filed... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 10, 2022

If there is not already a lien or automatic lien , then the creditors who failed to properly perfect their claims by following the statute within one year from the date of death are out of luck.

2 Answers | Asked in Probate for Massachusetts on
Q: Can a person who is physically unable to manage the duties of executor to an estate because of grave illness renounce ?

Person would need to turn over to responsible party if the courts of possible

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 12, 2022

Yes, of course. Nobody can be forced to serve as executor.

View More Answers

1 Answer | Asked in Probate for Massachusetts on
Q: My dad died with a Will. My mom died intestate. The house was left to 6 children. 1 died before her death. Succession?

Probate listed the 6 grandchildren of the deceased daughter. How does it go now? Since have lost 3 more direct heir

My dad died in 1991 left all estate to mom. sister died 2001.mom died 2008 without a will. 3 brothers passed within past 5 years. Who inherits the property ( house) in Massachusetts

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 14, 2022

So, assuming that Mom was a Massachusetts resident who did not remarry, all of her children would receive equal shares of the real estate and if a child( one of your siblings ) predeceased your Mom , then if they had issue, the issue would step into the shoes of the deceased parent. If a child of... Read more »

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: My uncle died with no will, no kids, & both parents deceased. He has 2 living siblings & 1 deceased sibling (my mom)

Am I entitled to my mother's share of his estate or is it just split between my uncle's 2 living siblings? I should have noted he also had no spouse.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 10, 2022

You did not state when he died or whether he was a resident of Massachusetts or if he was married, but assuming he was a Massachusetts resident and died after March 2012 and was not married , then since his parents are dead his siblings and you as the issue of a deceased sibling are the heirs... Read more »

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