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 »
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 »
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 »
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
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...Read more »
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...Read more »
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...Read 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... Read more »
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...Read more »
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...Read 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... Read more »
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... Read more »
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...Read more »
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.
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?
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... Read more »
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.
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... Read more »
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... Read more »
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...Read more »
My son and I were physically assaulted by my now ex. My sons father. He is being charged with 3 counts a&b and 2 counts suffocation/strangulation. He was bonded on $5000 bail, plus gps and zero contact with myself and our son. He was found to be a danger. After this transpired, my decade long... Read more »
If you are seeking custody of the child and opposing guardianship of paternal grandmother then you should engage counsel to represent you if you are able to do so. In contesting guardianship an indigent parent can have court appointed counsel via motion to the court requesting same. The is random...Read more »
You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any...Read more »
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