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hello, my father passed away about 2 years ago. he was not married and I’m his only child. he did not have much just a car that was paid in full and a bank account which i was the beneficiary from. I have the death certificate, bank information and car title.
answered on Dec 30, 2024
You may need to file for voluntary administration or petition for probate so that you may be appointed administrator or personal representative, depending on the value of the assets he left behind. Once appointed, you can then transfer title.
1) If I claim the money do I also assume the debt?
2) If so, can the debt be for more than the claim?
3) He was divorced at the time of his passing. Would an ex-wife be considered a surviving spouse? She passed after him
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answered on Aug 15, 2024
To claim the money you will need to be Personal Representative or Voluntary Administrator (for smaller estates) of his Estate. If you are, you will not assume his debt individually, the Estate would, the Estate needs to pay liabilities prior to distributing to its beneficiaries. If you have been... View More 
And so what do I do?
answered on Jul 25, 2024
I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:
1. Review the Will and Estate Plan... View More
And so what do I do?
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answered on Jul 26, 2024
It sounds like a difficult situation you're facing. If you believe you are entitled to a portion of your parents' money that your sister took, you should start by gathering any documents that show your entitlement. This might include your parents' will, bank statements, or any other... View More
Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also... View More
answered on Jun 25, 2024
I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale... View More
my partner wanted me to have money to move on when he passed ,he left instructions with his only son to take care of me i had 3 months to move out ,which i did. know he want honor his fathers wishes ,he dyed in my arms in his home like he wanted and I have no closer ,can I go after his estate ,I... View More
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answered on Feb 2, 2024
In Massachusetts, if you were in a committed relationship with your partner for over three years and he expressed his intention for you to be taken care of after his passing, you may have legal grounds to pursue a claim against his estate. However, the success of such a claim would depend on... View More
to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?
answered on Jan 15, 2024
Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More
My question concerns the probate of an estate where an objection was filed for undue influence involving a fiancé, who was also named as the executor. The decedent's will names the fiancé and goddaughter as beneficiaries, but an aunt is mentioned as an heir. Although the objection and... View More
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answered on Apr 13, 2025
In Massachusetts, once a will enters probate, the executor has a legal responsibility to manage the estate according to the decedent's wishes. However, if an objection has been filed, especially for undue influence, the situation becomes more complicated. While the court hasn't issued a... View More
I am looking to purchase a home in Wareham, but there are legal complications regarding property encroachment. The house encroaches on the neighboring property by about 10 feet. In 1999, the original owner received a permit for an addition, crossing onto town-owned land, which was later purchased... View More
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answered on Apr 13, 2025
To address the encroachment issue, the first step is to conduct a thorough title search. This will help you uncover any existing easements, agreements, or encumbrances tied to the property that might affect your ability to resolve the encroachment. A title search will also clarify the legal... View More
I believed my father was my biological father; we were estranged until I was 40 but developed a father-daughter relationship for 5 years until he passed away. I was listed as an heir to his estate and received about $60k in distributions over 6 years. Recently, I was asked to take a DNA test to... View More
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answered on Apr 12, 2025
The situation you’re facing is undoubtedly complex, but there are options to consider. Since there was no will and you were listed as an heir, it's important to understand how the estate was being handled and under what legal framework. Typically, if you were treated as a legal heir and... View More
My brother passed away intestate and unmarried, with no living parents or children. I'm his only sibling, but I live in another state. He had very little money, his car was recently totaled, and he lived in state housing while receiving state healthcare. How do I proceed with probate given... View More
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answered on Apr 12, 2025
In Massachusetts, if your brother died intestate with minimal assets, you may be able to use a simplified process called *voluntary administration*. This is available when the estate’s total value is $25,000 or less (not including one car), and there is no real estate involved. You can file a... View More
My brother, a U.S. citizen, passed away in Portugal. His ex-partner informed me of his death but refuses to provide any further information about his will or the circumstances, and I don't know where his body is or how he passed away. My brother owned a fully paid home at 459 Butman Rd,... View More
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answered on Apr 2, 2025
You should immediately contact the probate court in Middlesex County, Massachusetts, where your brother's property is located, to determine if a will has been filed. The property at 459 Butman Rd, Lowell falls under their jurisdiction, and you can search probate records online or call the... View More
I was listed as an heir in an estate and received around $60,000 over four distributions across four years; the last distribution was two years ago. Recently, I discovered through DNA testing that I am not actually an heir. The estate is not finalized yet, and I have contacted the executor about... View More
answered on Apr 2, 2025
Don’t do anything until or unless you are contacted about it. You may not have to repay the money at all.
I want to contest a will, and I am the aunt of the person that died and left the entire estate to his fiance and goddaughter. I am listed as an heir in the will but he left nothing to any family member. He never married, no siblings, no parents, only an aunt, and 2 cousins. The estate, > $1... View More
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answered on Jan 15, 2025
You have not stated any grounds for a Will Contest. Unless you are a next of kin or have another Will, you have no standing to file suit anyway. Contact a competent MA attorney with the facts, including the kind of assets involved.
My father died without a will. Me and my two sisters signed the house over to my oldest sister and brother-in- law with a quit claim deed. The courthouse here in Greenfield Mass, says this deed is legal and he doesn't need a deed signed by a lawyer. My brother-in-law has payed the the taxes on... View More
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answered on Nov 11, 2024
If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure.
answered on Jun 7, 2024
Have you retained an attorney or filed for probate? The first step would be retain an estate planning / probate attorney that will file for probate.
My dad passed unexpectedly. I lived here and taking care of his dog. He wanted the dog to live his life out here. I’m not trying to stay here forever. But she wants money asap. What can I do?
answered on Jun 7, 2024
We would need more clarification before we can answer your question. Who is "she"? Is there someone attempting to force you from the home? Has a Personal Representative been appointed?
If I file a Voluntary Administration Statement, does that mean that the Probate Court does not keep a record of that statement (since I would not be going through the probate process)? In other words, would there basically be no record of the statement for public access?
answered on Apr 1, 2024
You can check the Public Court docket for the Probate & Family Court and some Courts
also provide certain images of documents filed.
Charity went into receivership due to no surviving board members. A few charities expressed interest in the assets. Receiver's decision was to disburse the assets to these interested charities unequally. (Some received more and others less). One of these charities feels the receiver made... View More
answered on Mar 15, 2024
Without reviewing the applicable law or having access to any of the facts of this matter, I would say yes but unfortunately this not a simple question suited to an informal online forum such as this one. You should consult a lawyer on this. Perhaps the charity already has representation. Good luck.
My aunt died 4 years ago. She had 3 loans on house that was paid off. My mom didn’t have money to pay it. She doesn’t know bank either. The neighbors want to buy property but mom is unsure if she still owns it or bank. Also my cousin thinks she owns half the house because it was her moms to.... View More
answered on Nov 13, 2023
Because it is not clear from your description who owns the house, it is impossible to answer your question. You should gather all your paperwork and take it to a lawyer.
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