The death of a loved one is usually a stressful and emotional time. You may spend several weeks in shock, and your grief can last years or even a lifetime. With everything going on, thinking about legal issues such as how to administer your loved one’s estate is...
probate
Why is it a smart estate planning tactic to avoid probate?
If you have a will or a trust, you may think that your estate planning is complete. However, there is another important aspect of estate planning that you should not overlook: avoiding probate. Probate Probate is the legal process of settling your estate after your...
Do you really need to avoid probate?
Some estate planning tools are designed to help assets avoid probate. Because of this, many people who are unfamiliar with the probate process may get the impression that probate is a bad thing, to be avoided at all costs. That isn't the case. In fact, probate is a...
Understanding a Massachusetts will contest
When a Massachusetts resident signs his or her will, the common assumption is that the disposition of the assets owned by the signer will be distributed according to the terms of the will. Unfortunately, some wills make people mad. This anger is usually the result of...
Selecting the right person to serve as personal representative
A personal representative has a very important role. They oversee the probate of your estate after you die. You want to make sure that the person chosen for this role is up to the task. Massachusetts law dictates who will be your estate’s personal representative based...
Does everything have to go through probate?
Many Massachusetts residents are put in a difficult position after a loved one dies. Not only must they face their grief, but they also suddenly have the responsibility of settling their loved one's estate. For those who are not familiar with the process of probate,...
Personal representatives’ duties begin almost immediately
Losing a loved one is not easy. It takes time for family and loved ones to grieve and move on. However, in the immediate aftermath of the passing the estate of the deceased needs to be settled. This is a process that may need to go through probate and the personal...
The probate process
The probate process refers to the legal process whereby a deceased person’s estate is closed out. This means all the debts are paid and the remaining assets distributed to the deceased’s Franklin, Massachusetts, beneficiaries. The executor/administrator The person in...
How does mental capacity play into the probate process?
Taking an estate through the probate process can be stressful, especially when concerns arise over the validity of certain estate planning documents. These disputes can be time-consuming, costly, and damaging to familial relationships. That’s why it’s important that...
Informal probate and formal probate in Massachusetts
When a loved one dies with a will, their estate will need to be probated. Probate is the process through which the deceased’s creditors and taxes are paid, and estate assets are identified and collected and then distributed to the appropriate heirs. Massachusetts...