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Massachusetts Probate Questions & Answers
1 Answer | Asked in Probate for Massachusetts on
Q: Can I file a Small Estate Affidavit in Rhode Island if Iive in Massachusetts?

My brother recently died. He was a resident of Rhode Island. He had a vehicle and a small checking account. Total value of both @ $3000.00. No debt other than a small hospital bill. The issue is I live in Massachusetts. I have no relatives in Rhode Island. Can I still file a Small Estate... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 25, 2020

You really should be inquiring of a Rhode Island attorney for this information.

1 Answer | Asked in Probate for Massachusetts on
Q: Voluntary administrator. Who gets listed as individuals a who would take In intestacy. If no relatives are inteterested

I'm applying for voluntary administrator for my aunts estate. There are other relatives but they are not interested. Do I list all relatives under who would take in in test act even if they have no interest

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 3, 2020

Yes, list all the intestate heirs.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Probate for Massachusetts on
Q: Why doesn't MA take parental alienation seriously?

I have exhausted all options I could think to do. Modifications, motions, emergency motions, DCF reports, attempted to have a GAL appointed, ARC attorney only telling court her wishes. Nobody sees an issue with this. A good relationship to a nonexistent one. The hate and anger coming from my child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 27, 2020

Not sure what you are trying to do at this point. If counseling is ordered then you should comply with the Court's Order. Is there a review hearing date? If so you will need to report that counseling has not gone well and are concerned that there should be separate individual counseling for... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: Our father didn’t have a Will - we were putting the house up for sale and now found out he owes over 100000 in medical

Bills to the state for long term facility care which he was never in one how do we go around this? It’s been impossible to get a straight answer from any attorney so far -

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 18, 2020

Regardless of whether there was a Will or not the Division of Medical Assistance Estate Recovery Unit has an automatic lien at the elderly recipient of MassHealth/Medicaid services death on the decedents assets. The Estate Recovery Unit can open an estate to recover the lien for said services ,... Read more »

1 Answer | Asked in Banking, Estate Planning and Probate for Massachusetts on
Q: Can a housebound bank account holder let me log in on their behalf to initiate transfers?

My father died with a bank account with the name of an ex-fiancee still on it as a joint holder. She hasn't ever used the account as far as I can tell. She (and her current husband) want the money in the account to go to myself and my sister. Unfortunately she doesn't have an online login... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 6, 2020

Assuming your father was a Massachusetts resident for the comments: Are you the Personal Representative of your father's estate? If so, you need to contact the bank involved and provide them with your Letter of Authority and Federal Taxpayer ID for the estate and some form of authorization by... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: my children's father passed away June 19th. My children are his next of kin. How do my kids get his belongings?

The ex gf is living there and refusing entrance to my children to get his belongings. The police told her she can't touch anything. Is she entitled to anything he owned? How can my kids get in? The belongings are worth $1500-3000 at the most.

Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 3, 2020

Did he have a Will, if so the named Personal Rep/Executor can file a Voluntary Statement. Did he have any living parents ?as I assume that your ( his )children are minors and that you are not an appointed Conservator for them and it would not be financially worthwhile based on your statement of... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: My uncle passed away leaving me as his executor and heir. All of his siblings passed before him.

His will is going into probate. Can I sell him mobile home, valued at/equal to less than 3000.00 before probate finished. I have someone who wants to buy it but wants it by 08/01.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 28, 2020

If you have filed a Voluntary Statement if the estate is $$25,000 or under and have received the certificate back from the Probate Court, you can do so. If you have filed either a Formal or Informal Petition for Probate of Will, you will need your appointment letter from the Probate Court to do so.... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: HOW MUCH SHOULD IT COST TO DO PROBATE IN MA FOR MY WIFE? NEED TO GET THE HOUSE IN MY NAME.

ALL OTHER PROBATE WAS ALREADY HANDLED BY CT PROBATE LAWYER AND COURT. ONLY NEED HOUSE CHANGED TO MY NAME, UPDATE ANY TAX RECORDS IN TOWN AND CHANGE TO MY NAME ON MORTGAGE DOCUMENTS. NEED A PROBATE LAWYER WITH REAL ESTATE EXPERIENCE TOO?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 14, 2020

So was there a Connecticut estate? She was a Connecticut resident? If so you would need to file an Ancillary Estate here in Massachusetts to effect the change in title unless you were in a joint tenancy or a tenancy by the entirety- you have

not so indicated,

1 Answer | Asked in Probate for Massachusetts on
Q: Heirs at law question. My cousin Susan recently passed away. She had no husband, no children, no siblings

And her Parents died before her. She has 6 first cousins. 2 cousins died before Susan (both had husbands and children) and 1 cousin died after Susan (had a husband and son). Who are the heirs?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 19, 2020

Assuming she had no living great grandparent and no living aunts or uncles, or great aunts or uncles the living first cousins coming from the grandparents would take. See the Massachusetts degrees of kinship chart MPC 960

1 Answer | Asked in Probate for Massachusetts on
Q: Late filing question. My aunt passed away about 25 years ago, she owned real property in Massachusetts and stocks, she

Had a will, giving her son everything. Her son recently died and we discovered he never transfer the real property or went through probate. He did not have a will or any children or a spouse. Can we file these estates together? Due to what her son did with her assets, there is really no way to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 12, 2020

These are still two separate estates and depending upon when he died he may be under the MUPC . You have not stated whether your aunt had other children or was married, either, nor whether aunt's Will was probated. You should have a Probate attorney handle this matter as there are many issues... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: Possible stolen inheritance?

After my father died when I was 9, my dad gave my aunt custodian to the inheritance I'd receive. Now that I am 18, I've been trying to contact her receiving information about it and she wont budge or even contact me regarding it and blocked my number. The money was supposed to pay for my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 11, 2020

It is not stated what Probate Court was involved in having your aunt appointed as your Guardian and Conservator, but annually there should have been Accounts filed by her showing sums of money received and payments out and what remains. There should have been an initial Inventory filed as well. You... Read more »

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: My mom passed on 1-8-20. She left a detailed will including myself, her only daughter, my 3 children and their 5 kids.

It's over 40 pages of legal writing I do not understand and haven't heard a word from either her husband my stepfather, or the trustee The woman who is co trustee, and drew up the will. It's a wealthy will. I need to know what my rights are and what were entitled to if anything. Can... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 4, 2020

It is not possible to tell you what your rights are under the will without reviewing the will. Take the will to a probate attorney in your area for review and advice. Most likely a probate (court) case will need to be commenced to administer the terms of the will.

1 Answer | Asked in Probate for Massachusetts on
Q: My brother died and his wife died hours later in New Orleans. She had a daughter from a previous marriage who was never

adopted by my brother. No wills. I am my brother's only living relative. Do we both share the community property?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 4, 2020

So when your brother died assuming he was a Massachusetts resident , then depending upon the remaining facts as to the size of the estate and whether he had children or if not , if he had surviving parents the surviving spouse could be sharing with the child or his parents. From your comments you... Read more »

1 Answer | Asked in Criminal Law and Probate for Massachusetts on
Q: Can I get a medical marijuana card on probation in barnstable Massachusetts? I'm on drug and alcohol testing also.
William Barabino
William Barabino answered on Apr 26, 2020

Hello,

I would suggest reaching out to your probation officer

1 Answer | Asked in Probate for Massachusetts on
Q: What are my options

I have been living with my finance for almost 5 years. He passed away suddenly a month ago. No will. I know even through he wanted me to have his house I realize that I will not and I don't want it. I am moving in a month back to my property and his children are constantly harassing me.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 24, 2020

They do not have a right to enter your unit. However, once a Personal Representative is appointed by the Probate Court the appointee would have the right to contact you about access to the unit. In the meantime document everything that is yours with photos and receipts you have and make plans to... Read more »

2 Answers | Asked in Probate and Estate Planning for Massachusetts on
Q: My brother died during the recent endemic.His ex wife did not want me speaking to him while he was hospitalized.

She called to say she is his sole heir.

How do I find out if this is legit?

He lived in CT.

Nina Whitehurst
Nina Whitehurst answered on Apr 22, 2020

If your brother did not have a will, then her statement is not legitimate. If your brother had a will made after he divorced her, then it is theoretically possible (but in my experience not likely).

It sounds like you are the next of kin. You can hire a probate attorney to open a...
Read more »

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1 Answer | Asked in Probate for Massachusetts on
Q: I have account with Exxonmobil; they are failing to provide me with my PIN. 2 years+ went by. What are my rights?

The money is a result of a divorce settlement (april 2017). My ex bought my half of our house and agreed to pay me from his retirement account with Exxonmobil .The QDRO was transferred to Voya that now has an account under my name and they are failing to provide me with a PIN. I had to move to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 19, 2020

So, this is actually a divorce QDRO issue and I believe that you can request paper statements to be sent to you once the account is set up for you ( which you seem to be saying has in fact occurred. You can deal with the Plan Administrator's office directly if you are having difficulty.

1 Answer | Asked in Probate for Massachusetts on
Q: Hello Can a judge make a divorce judgment without hearing from the plaintiff who filed for in the first place?

I filed for divorce August 11, 2016. The Judgment was finally made on August 7 of 2019, which I didn’t even know existed until October 11 of 2019. It was a nasty and contentious divorce, my ex is legally blind but physically able at 6’2”, 220lbs,

I am an RN that is permanently... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 7, 2020

It sounds like there was a trial and eventual judgment and perhaps you were unrepresented in the Trial? It also appears that you may have waited beyond the appeal period and should meet with a practitioner who specializes in divorce appeal matters ASAP.

1 Answer | Asked in Probate for Massachusetts on
Q: 2 brothers are named as joint executors of a will but can't work together.the deceased lawyer filed probate without

either one's knowledge stating her client is deceased and so she filed the original will with probate. What happens next?

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 3, 2020

Your question is a bit confusing- did the Petition name you 2 brothers as co- Petitioners /co-Personal Representatives or just a Petition seeking some neutral to be appointed? If a Formal Petition for Probate of Will has been filed and you and brother have not Assented to same then you can file an... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: How do you probate a will
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 3, 2020

Each state has different laws governing the appropriate procedure. If it is Massachusetts where the decedent resided and you are the named Personal Representative in the Will , formerly called "Executor" and no one who is a devisee under the Will or an heir is incapacitated due to... Read more »

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