Get free answers to your Probate legal questions from lawyers in your area.
She verbally left everything to me and her partner and family agrees
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... View More 
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?
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 .
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... View More
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.
Person would need to turn over to responsible party if the courts of possible
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answered on Apr 12, 2022
Yes, of course. Nobody can be forced to serve as executor.
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
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... View More
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.
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... View More
She lived in ri was widowed and I am her only child I am beneficiary on some stuff but not everything because she had not updated paperwork yet. Does the stuff I am not beneficiary on have to go to probate even though I am only heir
answered on Dec 26, 2021
I'm sorry for your loss. Generally, if an asset does not have a joint owner or a beneficiary designation, that is an asset that goes through probate. Probate is the process where a legal determination is made as to who her heirs at law are. You mentioned she lived in Rhode Island and you... View More
She just sent me a legal paper to sign giving up my rights to any of his holdings. He still owes my mother $80k for back child support.
answered on Nov 17, 2021
So, did your mother pursue a Contempt action to establish the arrears? Is she living and able to pursue the claim against her former husband's estate? If not, are you the Personal Rep of her estate? You really need to discuss the whole issue with a Probate attorney ASAP as there is a one year... View More
of us. how does my sister living in this house currently impact that? does she have rights to keep the house and not sell if my dad passes?
answered on Oct 18, 2021
The terms of the Will govern and whether or not there are debts and liens to be paid by the estate are also considerations for the Personal Representative. If the property is left to both of you, you can also seek reasonable rents. Sometimes the other devisee is interested in purchasing the other... View More
My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... View More
answered on Sep 7, 2021
If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... View More
answered on Sep 3, 2021
If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... View More
A Massachusetts parent provides an unsecured loan to one son, the remaining principle of which is more than the voluntary probate estate value ceiling of $25K. The other son is executor. The parent's will specifies that the remaining loan should be subtracted from the debtor son's share... View More
answered on Aug 20, 2021
Your question has many components and demonstrates the need of advice of counsel! Little information is given as to whether this was a promissory note or not , nor when the decedents died in relationship to each other. Masshealth may also have a lien.
My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... View More
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answered on Jul 10, 2021
Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.
Yes. We tentatively signed up with an estate law firm and were told we'd have to wait a full year to get anything from my sister's estate.
Then, when I prodded, they admitted they might be able to give a "partial distribution" All this leaves me with many questions... View More
answered on Jul 6, 2021
Estate administration is an area of practice specialty and practitioners advise as to the law and also based on their familiarity with problems that can occur along the way. It is best practice not to make any payouts in distribution until the extent of the estate's liabilities is fully known... View More
A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.
answered on Jun 28, 2021
If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.
My partner is currently incarcerated, he has inherited a house from his father who recently passed, who wants to take completely ownership of the house and sell it. How does the process work and what lawyer/lawyers would I need to contact to do this. Is it best to have probate or criminal law... View More
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answered on Jun 15, 2021
He needs a probate attorney to help him get the house transferred from his father's estate and into his name, and then he needs a real estate attorney (and maybe also a real estate broker) to help him sell the house.
Objection states no wrong-doing nor does it offer any evidence of wrong-doing. It only implies wrong-doing. Is there a process in which pre-trail can be canceled? Can an order of dismissal be serviced without conference/pre-trail?
answered on Jun 16, 2021
If the Appearance and Objections/Affidavit were timely filed then a Motion to Strike may work.
My mother was in a nursing home for 3 years when she died. My brother asked to move into her home 2 years ago. My mother has a will, but my sister and I were concerned because my brother is a person who does not pay his bills. We had the estate lawyer draw up an agreement that basically said my... View More
answered on Jun 8, 2021
As PR you may seek an equity action against him for losses to the estate and seeking to offset against his share of the estate under the Will.
My mother and her sister are deeded owners of our home. In 2018 the deed was re-filed to include my mom and also release homestead rights for her sisters husband. The married co-owner has since deceased and we are making sure the release of homestead clause ensures he has no right or legal... View More
answered on Apr 26, 2021
Your question is unclear and I suggest that you should state whether the last deed has more than one grantee listed and if so, does it state that the grantees are joint tenants with the right of survivorship and not tenants in common? Homestead waivers are separate documents. You should also have a... View More
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