My wife and I have 1 single home jointly owned, and a 2-unit rental in my name only (had it since before marriage). We agreed, since we have no kids, after we’re gone, our inheritance goes to my nephews and niece. Wills have been drawn up, if I go first she gets all, the same if she goes first... View More 
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answered on Feb 19, 2021
This is a very common concern and there are definitely ways to solve this problem, but this is not a do-it-yourself project. You should hire an estate planning attorney to help you with this. The attorney will explain to you the pros and cons of the various solutions.
I don't know if he ever finished or properly filed it. He was divorced. I think he may have made his brother (my uncle) the executor, or at least informally asked him to manage his finances if anything happened. As soon as my father died, my uncle and another one of my father's siblings... View More
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answered on Feb 15, 2021
Hire a probate attorney right away to start a probate of your father’s estate and appoint you or your sister as executor or administrator of his estate. This will give you or your sister authority to demand the return of all stolen assets. Do not delay.
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answered on Feb 15, 2021
Contact a local title insurance company and tell them you would like to purchase a title insurance policy.
My minor nephews are listed as beneficiaries in my Dad's will. I filled informal probate, but it was rejected because they only have parental representation. Can their mother, my former sister-in-law, who is not mentioned in the will be their representative? If not, can we still proceed with... View More
answered on Feb 10, 2021
If there is not a Conservator appointed over a minor already , then this process of obtaining an appointment takes time also and you should consider filing a Formal. The issue of suitability of the parent to hold funds can be brought forward in the Formal Petition and the Court can appoint a... View More
How do I proceed to put house in my name so I may legally sell?
answered on Feb 1, 2021
If all of the children are of your marriage to him or are yours and his, then you take all of the estate. However, you will need to commence an estate in the Norfolk Probate Court if that is the residence county and seek appointment as Personal Representative and notify MassHealth Estate Recovery... View More
Date Mother passed until sale as other daughter refused to sign sale papers if expenses were reimbursed. Expenses were placed in escrow until agreement made. A small claim suit was filed to force release of escrow, but a counter suit was filed for financial and emotional distress. What type of... View More
answered on Jan 31, 2021
A Massachusetts attorney could advise best, but your post remains open for two weeks. I'm sorry for the loss of your mother. As a GENERAL matter, there is a tort law cause of action called intentional infliction of emotional distress - but this sounds like it might be something more along the... View More
answered on Jan 19, 2021
At sale and distribution or an undivided percentage interest if unsold.
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answered on Jan 18, 2021
It's not a value; it's a percentage. You are a 12% owner. When the property is sold, you should expect to receive 12% of the net proceeds. However, other factors can change the final distribution, and you should seek the advice of counsel if you don't agree with the final distribution.
The person he lived with won't open the door for us or the police and isn't returning calls. What is the next step to get this person to comply with court order?
answered on Nov 30, 2020
Was there a lease? Then the landlord could allow entry. If you continue to have problems you may need to seek appointment as a Personal Rep to proceed further against this problematic individual.
No will. House and mtg. in son’s name. Equity seen as 1 of his assets for kids. My son wanted that home for his girlfriend and kids. Keeping the home keeps them in a house.
answered on Nov 23, 2020
The surviving children are the ones who have the priority of appointment as Personal Reps of the intestate estate, but if they are minors they will not be able to petition the Court. Girlfriend has no legal status but can be a Formal Petitioner for appointment. Someone will need to be appointed as... View More
Eldest child 30 yr long criminal h/o not involved in family started coming around. Slowly manipulated mother english only spoken reading minimal. Began causing conflict against the youngest. Identity theft other crime reason father clear to keep eldest away knew she would steal money if gained... View More
answered on Nov 15, 2020
If you do not have a statute of limitations problem since this case goes back to 2017, you must immediately retain an estate litigation attorney. A general legal Q&A forum like this one cannot give you the help you need.
answered on Oct 20, 2020
Assuming the decedent was a Massachusetts resident for this response- this would seem to be an easy question, but oddly it is not. As the child of the deceased you would need to be notified whether there is a Probate Petition filed regardless of whether there is no Will or If there is a Will and... View More
I have been paying the mortgage until about 5 years ago. I bought a new home and I’m renting the home my father bought. We recently finished probate and everything has been settled and distributed to us 4 siblings. With the money I’m receiving, I want to pay off the house my father bought... View More
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answered on Oct 18, 2020
If you and your father were joint tenants with right of survivorship then the house now belongs to you, and the process for clearing your father's name from the deed is fairly simple. If you were NOT joint tenants with right of survivorship, then you should contact your probate attorney and... View More
One Parent/co-Guardian versus state - ward age 33 history of seizures/autistic characteristics. Temporarily living with me per COVID; would like her living with me permanently. State wants me to forfeit my guardianship; says it's the only way. Can you clarify or suggest alternatives?
answered on Oct 1, 2020
This sounds like a DDS issue and not a guardianship issue per se.
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... View More
answered on Sep 25, 2020
You really should be inquiring of a Rhode Island attorney for this information.
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
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... View More
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... View More
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 -
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 ,... View More
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... View More
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... View More
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.
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... View More
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