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

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

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

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

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

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

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

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.

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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.

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

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.

Yes.

If the Appearance and Objections/Affidavit were timely filed then a Motion to Strike may work.

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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.

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.

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

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... View 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... View More

The Massachusetts Legal Resource finder, at masslrf.org/en/home, is a great resource to guide you.

Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.