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.... View More

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,

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

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... View More

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... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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... View More

Hello,

I would suggest reaching out to your probation officer

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... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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.

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.

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... View More

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... View More

If this is a Massachusetts case, then the usual is for the parent having visitation to pick up and drop off the child and visitation is not in the home of the child and other parent. However, there can be a wide variety of limitations and exceptions depending upon the parties' circumstances.... View More

Sounds like she needs a certified copy of the Name Change Judgment from the Court of issuance. There is probably a fee for same. Potentially there may need to be an English translation from a Court certified translator.

What you have is the record of having filed a Voluntary Statement , but you are not technically the administrator as you have not been appointed by the Court. However, you should be able , for example, to close out a bank account or financial account or transfer title to a motor vehicle .

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2020

It is not possible to probate an estate in advance of the individual passing, but there are other remedies for this situation. First, you can get a trusted person appointed as guardian and conservator. The order should also specifically revoke that power of attorney. Second, you can file a... View More

Has the DCF been involved? You should also consider contacting Mitchell Garabedian's Office in Boston for example as there are counsel who specialize in sexual abuse issues.

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2019

Some kind of probate process is ALWAYS required to change title to assets titled in the name of a decedent UNLESS an exception applies. Apparently you are expecting an exception to apply when the first parent dies, perhaps because the property is titled in their names as joint tenants with right... View More