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... Read more »
answered on Mar 31, 2023
The transition from child to caretaker is not easy. Educate yourself about the probate process in any way you can, online, adult education, etc. Consult a probate attorney and acquaint him/her with your mother's estate assets so hat when it becomes necessary, you will be prepared.
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... Read 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.... Read more »
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... Read more »
answered on Mar 22, 2023
Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive)... Read more »
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 »
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!
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?
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 »
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?
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.
Can the home be sold by the beneficiaries as soon as the Court has approved the completion of the INFORMAL PROBATE?
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 »
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?
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 »
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 »
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 »
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
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 »
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?
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 »
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 »
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).
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 »
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.
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?
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.
I have the final note payout do I pay them?
answered on Aug 2, 2022
Is the final payout due under the note's terms? If so, yes!
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 »
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.
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... Read 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... Read 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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